By: Chloe Beylus
Prior to 1967, East Jerusalem was under Jordanian control. During this period, access to sacred places—particularly for Jews—was severely restricted. This changed dramatically following Israel’s victory in the Six-Day War. Israel gained control of East Jerusalem, home to some of the world’s most sacred religious sites for Jews, Christians, and Muslims. In response, the Knesset (Israel’s Parliament) enacted the Protection of Holy Places Law of 1967 to ensure that these places of sacred significance remain accessible to all faiths without interference, reflecting Israel’s commitment to religious freedom as outlined in its Declaration of Independence.
The law requires that the State protect these sites from desecration and take action against any violations that could restrict access for members of different religions or offend their sentiments regarding these sacred places. Violators face severe penalties: up to seven years for desecrating a holy place and five years for obstructing access or offending sentiments. This law embodies Israel’s dedication to preserving the profound spiritual and historical connections that Jews, Christians, Muslims, and other religious communities hold toward these sites.
Among these sites, the Temple Mount (known as Al-Haram al-Sharif in Arabic and Har HaBayit in Hebrew) stands out as the most contested and significant. A symbol of national identity for Jews and Muslims, the Temple Mount is where the First and Second Jewish Temples once stood, and where the Al-Aqsa Mosque and Dome of the Rock currently reside. As the holiest site in Judaism and the third holiest site in Islam, it remains a sensitive and politically charged location.
Recognizing the potential for conflict over the Temple Mount, the Israeli government sought to balance religious sensitivities while maintaining its authority over the site. Then-Israel Defense Minister Moshe Dayan introduced the “status quo” arrangement, under which Israel maintains sovereignty over East Jerusalem, including the Temple Mount, while delegating management of the day-to-day religious affairs to the Islamic Waqf, a religious trust administered by Jordan. This arrangement allows the Islamic Waqf to retain control over Al-Aqsa Mosque and the Dome of the Rock, while Israeli security forces ensure order and security of the area.
Notably, the status quo places restrictions on Jewish prayer at the Temple Mount. While Jews are allowed to visit, overt acts of Jewish prayer, such as forming prayer groups, wearing religious garments like tefillin (phylacteries), or bowing and swaying during prayer, are prohibited. Jewish prayer is confined to the nearby Western Wall, a remnant of the Second Temple’s retaining wall. The status quo was intended to maintain a balance between Jewish and Muslim religious claims to the site while preventing tensions.
However, this balance has been repeatedly tested. Jewish activist groups advocating for expanded access to Jewish prayer at the Temple Mount have become increasingly vocal, arguing that the restrictions violate their right to religious freedom. They contend that as the holiest site in Judaism, Jews should have the right to openly pray at the Temple Mount. This push for open Jewish prayer has exacerbated tensions with Palestinians, many who see the move as an attempt to undermine Muslim control over the Al-Aqsa Mosque and the Dome of the Rock. The friction between these groups is not just a local issue but has wider implications for Israeli-Palestinian relations.
In 2000, Israeli leader Ariel Sharon’s visit to the Temple Mount was seen by many Palestinians as a provocation, challenging Muslim control over the site. The visit quickly sparked widespread protests and violence, which escalated into the Second Intifada—a period of intense conflict that lasted for several years, resulting in thousands of deaths. Sharon’s visit underscored how easily tensions at the Temple Mount can escalate into broader conflict, demonstrating the fragility of the status quo arrangement.
Similarly, in August 2024, Israeli National Security Minister Itamar Ben-Gvir’s visit to the Temple Mount reignited tensions by advocating for equal Jewish prayer rights, drawing international condemnation and concerns over whether Israel remained committed to preserving this delicate arrangement. Despite reassurances from Prime Minister Benjamin Netanyahu that the status quo would remain in place, Ben-Gvir’s visit has increased tensions, both within Israel and on the global stage. The debate over Jewish prayer rights at the Temple Mount continues to be a source of internal division in Israel, as well as a flashpoint in the Israeli-Palestinian conflict.
In October 2023, Hamas launched an incursion into southern Israel, known as “Operation Al-Aqsa Flood.” Despite the incursion occurring far from Jerusalem, Hamas chose to name the operation after the Al-Aqsa Mosque, emphasizing the religious symbolism of the Temple Mount in the broader Israeli-Palestinian conflict. By invoking Al-Aqsa, Hamas sought to evoke religious solidarity across the Muslim world, portraying the defense of the mosque as a pan-Islamic duty. This demonstrated how the Temple Mount continues to serve as a powerful rallying point in the region’s ongoing religious and political struggles.
The Protection of Holy Places Law was designed to safeguard access to and the preservation of all religious sites deemed sacred by different faiths within its borders. However, the intersection of religious identity, political sovereignty, and international scrutiny at the Temple Mount reveals the complex challenges Israel faces in balancing religious rights with maintaining public order and security. The status quo, while providing a framework for coexistence, is fragile and often tested by both local and global events. As seen in recent years, including Ben-Gvir’s visit and Hamas’s invocation of Al-Aqsa, the Temple Mount continues to play a central role in the Israeli-Palestinian conflict. Its profound religious significance, combined with political sovereignty issues, indicates that tensions surrounding the site are unlikely to disappear anytime soon.
