Why Hamas Will Never Agree To A Two-State Solution

Under certain interpretations of Islamic teachings, land that was once under Muslim control must remain under that control indefinitely. The concept is known as waqf, and it designates controlled land as a permanent endowment for the benefit of Muslims.

The grand mufti of Jerusalem, Haj Amin al-Husseini, in 1927, used this as justification to reject British proposals for a two-state solution to Mandatory Palestine. He also worked to resist colonialism and Christian imperialism, including through the use of murder.  

In an attempt to discourage the transfer of Arab/Islamic-owned lands to Zionist Jews, al-Husseini stressed that selling land to Jews was a sin and an act of treason from an Islamic viewpoint. He justified his position by arguing that Palestinian land belonged to Allah and should not be sold to man. 

During World War II, Al-Husseini went to Berlin, where he joined Adolf Hitler from November 1941 until April 1945, and recruited Muslim units within the German military and contributed to Arabic-language propaganda fomented by the Nazis. After the war, he was wanted by the United Nations as a Nazi war criminal. 

PLO leader Yasser Arafat was inspired by al-Husseini's ideology and leadership, and used the same rationale to reject all peace proposals that required the recognition of Israel as a Jewish state. He was quoted as saying, "Palestine is an Islamic waqf land." A reiteration of that same statement was regularly broadcast on Palestinian Authority radio by various clerics.

Jerusalem Mufti Sheikh Muhammad Hussein issued a ruling in 2018 that forbade Muslims in Palestine from accepting compensation or indemnification in return for land sold or transferred to "the enemies," calling those who do so "sinners." (Less conservative interpretations of waqf would limit its application to land donated for charitable purposes and for the public good.)

Palestinian Authority leader Mahmoud Abbas has continued Arafat's position and has consistently stated that he will not recognize Israel.

Hamas, the Muslim Brotherhood and others read Islam as mandating that any land ever conquered by a Muslin army is sacred. Article 11 of the Hamas Charter states, "The land of Palestine is an Islamic waqf land [endowed] for the benefit of Muslims throughout the generations and until the Day of Resurrection. It is forbidden to abandon it or part of it or to renounce it or part of it ... ." A Hamas leaflet disseminated in Gaza in July of 2000 called the "entirety" of Palestine "holy Muslim waqf land."

Israeli land was first conquered by Muslim forces during the siege of Jerusalem (636-637 C.E.). Caliph Umar bin al-Khattab conquered the land from the Byzantine Empire, solidifying Muslim control over the area. This marked the beginning of Islamic rule in the region.

In 1909, the land for Tel Aviv was purchased by the Ahuzat Bayit society. Some Islamic scholars claim that the transaction is invalid as a sale of a permanent Islamic endowment.

After World War II, Britain decided to end its mandate over Palestine (formerly Judea) and leave the issue to the United Nations. On Nov. 29, 1947, under U.N. General Assembly Resolution 181, Palestine was divided into separate Jewish and Arab states. The Arabs rejected this plan. Israel declared independence on May 14, 1948. Five Arab states--Egypt, Jordon, Syria, Lebanon and Iraq--immediately invaded to attack.

Since then, the Palestinians and their leaders have refused to recognize Israel as a Jewish state. To do so would acknowledge that the Muslims do not control the lands of Israel. Hamas, Palestinian Islamic Jihad, Hezbollah, Iran and the Houthi--all jihadists--have the stated goals of establishing a sovereign Islamic Palestinian state and eliminating Israel. 

They all reject the creation of a two-state solution and the recognition of Israel. Their positions are directly connected to the conservative Islamic belief in the rule of waqf for conquered land. Applying the view of waqf to portions of Spain, Portugal, Italy, Greece and India that were once conquered by Muslims may provide insight into possible future territorial disputes.

The civilian populations under the Palestinian Authority and in Gaza, after 20 years of teaching, now regard this view as holy and inalienable, and will not support two states. Those who still believe in a two-state solution--where each state recognizes the right of the other to exist in peace and with secure borders--are either uninformed or misled about the level of support for the religious belief in waqf lands by jihadists and civilians. These beliefs make diplomatic resolutions exceedingly unlikely.

Originally published at JNS.org