THE LEGAL STATUS OF JERUSALEM IN ISLAMIC FIQH (JURISPRUDENCE) AND INTERNATIONAL LAW

Abstract

The increasing confusion amongst Muslim inhabitants in Jerusalem regarding the Islamic ukm (legal rule/status) of their territory after its occupation is significant. This phenomenon has urged the need to conduct detailed research based on primary sources illustrating the Islamic perspective towards the status of Jerusalem. The research examined the legal status of Jerusalem (West/East), in its present circumstances in Islamic jurisprudence, particularly in the context of the Islamic theory of world division, and public international law. The research discussed the various Islamic viewpoints relating to the theory under consideration in an attempt to identify the most likely practical approach and theoretical framework of the research. It also examined whether the classical approach is applicable or requires revision. The legal status of Jerusalem, as a main focus, is discussed in light of the most convincing approach in order to identify the consequences of the application of the Islamic theory on Jerusalem particularly those relating to inhabitants, residency and disposal of land.