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On Wednesday 3 June 2009 at 9 am, the Supreme Court of Israel will hear a petition submitted by Adalah and Association for Support and Defense of Bedouin Rights in Israel in August 2002, which demands the reopening of the Big Mosque in the city of Beer el-Sabe (Beer Sheva) to worshippers. This mosque is the only mosque in Beer el-Sabe, and should serve the 5,000 Arab Muslims living in the city, in addition to the 150,000 Muslims living in the Naqab (Negev). Since the establishment of the state of Israel in 1948, the Beer el-Sabe municipality has prevented Muslims from praying in the mosque; it was used as a courtroom, prison and museum until its closure in 1991, when it was abandoned and neglected.
Following Adalah's petition, the Supreme Court issued an order nisi against the Beer el-Sabe municipality requiring it to explain why the mosque is not opened for prayer and worship.
The Big Mosque is one of the prominent symbols of religious faith and belief for Muslims. It is also one of the oldest and most beautiful buildings in that it is distinguished with a special architectural design. In the concluding arguments submitted to the Supreme Court this week, Adalah Attorney Adel Badeer argued that failing to maintain the building as a mosque undermines the right of dignity and equality of the Muslims and Arab citizens of the state.
The petition also argued that "the deep-rooted history of the mosque makes it a cultural symbol for all Arab citizens, as well as being a sacred place for Muslims". It further emphasized that "The issue of the mosque is also related to the cultural rights of the national minority, because there is no culture without history or a culture without symbols."
The Beer el-Sabe municipality posits that the mosque should be converted into a museum on the grounds that it does not belong to the petitioners, but is the property of the municipality. The municipality added that the mosque is "just a building," and therefore it "doesn't understand" why the petitioners are insisting on exercising their right to this particular building. It also claims that opening the mosque would lead to undermining "public safety" and the "Jewishness of the city."
By contrast, the petitioners argue that the issue of ownership is not one of the issues noted in the order nisi, and therefore attempts by the municipality to convert the debate into an issue of ownership is futile. The petitioners added that "the municipality must not deal with the mosque as its own private property, but as public property that is subject to objective standards."
Attorney Badeer emphasized that converting the mosque into a museum does not serve the general public interest. The municipality can choose any neutral venue in the city to establish a museum. At a time when most of the mixed Jewish-Arab cities in Israel are seeking to preserve their old neighborhoods with their historical and religious buildings and to provide large budgets for this purpose, the Beer el-Sabe municipality is taking steps contrary to the logic of proper urban planning. Thus the Beer el-Sabe municipality's position does not serve any public interest; on the contrary, it greatly damages the public interest.
Citation: H.C. 7311/02, Association for Support and Defense of Bedouin Rights in Israel, et. al. v. The Municipality of Beer Sheva, et. al. (case pending).
For more information, see Eva Mousa, "Beer el-Sabe Municipality Refuses to Allow Muslim Residents and Visitors to Pray in the Big Mosque, Due to Concerns over 'Public Safety and Security'", Adalah's Newsletter, Volume 9, January 2005:
http://www.adalah.org/newsletter/eng/jan05/mesq.pdf
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