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The Palestinian Land Law is a Palestinian Authority (PA) law that prohibits citizens under its control from selling land to Jews. This law is often interpreted to include the sale of land to Christians. The inclusion of Christians was encouraged by Ekrima Sa'id Sabri, the Grand Mufti of Jerusalem "who issued a fatwa to that effect". Violations are punishable by the death penalty. Approval of the Palestinian Authority president is required before a death sentence for violation of the Palestinian Land Law can be carried out.
Law
The prohibition against selling land to non-Muslims was first enacted by Transjordan when it occupied the West Bank from 1948 to 1967. In May 1997, the Palestinian Legislative Council (PLC) supplemented the original law by decreeing that violators be punished with a death sentence. In April 2009, the PA again warned people under its control that selling land to Jews was high treason and punishable by death.
Similarly, a number of fatāwā (decrees) were issued by Islamic clerics prohibiting the sale of land to Jews. In April 2009, Chief Islamic Judge of the Palestinian Authority Sheikh Tayseer Rajab Tamini ruled that it is a "grave sin" to sell land to Jews and, according to Islamic teachings, violators must face the death penalty. He added that transgressors would also be ostracized by their family and community. The prohibition also includes rentals to Jews and applies to real estate agents or middlemen.
Reasoning
The PA enacted this law in order to halt the expansion of "Jewish Settlements" and the "spread of moral, political and security corruption." In April 2009 a correspondent for Al Jazeera explained that the sale of land to Jews was considered to be treason because the buyers are "Israeli settlers who are literally taking up Palestinian land that does not belong to them," thus "undermining Palestinian aspirations for statehood."
In April 2009, a Jewish businessman purchased from an Arab twenty dunams of land in the Mount of Olives area of Jerusalem. Consequently, the fatwa was reissued. Sheik Tamini explained:
"The city of Jerusalem is the religious, political and spiritual capital of the Palestinians," he said. "The Jews have no rights in Jerusalem. This is an occupied city like the rest of the territories that were occupied in 1967."
Death penalty
As of May 2009, only two people have been legally executed for violating the Land Law, but there also have been murders of land dealers. For example, in 1997, shortly after the Palestinian Legislative Council announced that violators of the Palestinian Land Law would incur a death sentence, three land dealers were found dead. One of three, Farid Bashiti was found on May 9 hands bound with blows to his head. According to Human Rights Watch, the three were killed under circumstances that "strongly suggested PA tolerance if not involvement in the murders." In response to Bashiti's murder, Freih Abu Mediein, who was the PA Justice Minister at that time, said "As I have said before, expect the unexpected for these matters because nobody from this moment will accept any traitor who sells his land to Israelis". The PA never charged anyone with the murder.
On April 27, 2009, a Palestinian court sentenced Anwat Breghit to death by hanging after finding him guilty of selling land in Beit Ummar to Israelis. It was expected that Palestinian Authority President Mahmoud Abbas would refuse to give the necessary approval for the execution.
Effect on Christians
Christian Arabs have said that since the PA has taken over control, they have felt isolated and discriminated. They claim that the continuing diminishment of their population is the result of laws like the Palestinian Land Law.
References
- ^ Freedom in the World: The Annual Survey of Political Rights and Civil Liberties, 1997-1998. page 577: Transaction Publishers. 1998. p. 610. ISBN 076580476X.
{{cite book}}: Unknown parameter|coauthors=ignored (|author=suggested) (help)CS1 maint: location (link) - ^ Human Rights Watch World Report 1998. page 340: Human Rights Watch. 1997. p. 512. ISBN 1564321762.
{{cite book}}: CS1 maint: location (link) - ^ "Israel Investigates Death Of an Arab Land Dealer". The New York Times. 1997-05-11. Retrieved 2009-07-01.
- ^ Abu Toameh, Khaled (2009-05-01). "PA: Death Penalty for Those who Sell Land to Jews". Jerusalem Post. Retrieved 2009-07-01.
- ^ Weiner, Reid Weiner (2005). Human Rights of Christians in Palestinian Society (PDF). page 22: Jerusalem Center for Public Affairs. p. 57. ISBN 9652180483,.
{{cite book}}: Check|isbn=value: invalid character (help)CS1 maint: extra punctuation (link) CS1 maint: location (link) - ^ M. Sennott, Charles (1999-01-17). "Christians Anxious Under Palestinian Rule". The Boston Globe. Retrieved 2009-05-16.
- ^ Palestinian Handed Death Sentence, BBC News, 29 April 2009
- Canfield, John V. (2001). The Middle East in Turmoil. page 154: Nova Publishers. p. 190. ISBN 1590331605.
{{cite book}}: CS1 maint: location (link) - ^ "Death Verdict over W. Bank Land Sale". Al Jazeera English. 2009-04-29. Retrieved 2009-05-16.
- ^ Human Rights Watch World Report 1998. page 341: Human Rights Watch. 1997. p. 512. ISBN 1564321762.
{{cite book}}: CS1 maint: location (link) - "West Bank: Death Penalty for Land Sale". AFP. 2009-06-29. Retrieved 2009-07-02.
External links
- Can Arabs Buy Land in Israel?, by Alexander Safian, Middle East Quarterly, December 1997