المفاوضات السياسية الفلسطينية الإسرائيلية : دراسة مقاصدية تقوميية

Abstract

This study focuses on the Israeli-Palestinian negotiations (1991-2014), using historical and inductive methods in the analysis to determine the weaknesses of these negotiations, including the parties involved, their issues, stands, and goals. The main focus is on these negotiations and their two stages: transitive and intransitive. The researcher investigates the detailed objectives of Israeli-Palestinian negotiations and their outcomes by tackling general concepts in the science of negotiations and their relationship with the Objective of Shariah.This study highlights the issues in which the Palestinian Liberation Organization (PLO) violated the Objective of Shariah in order to criticize the negotiations’ structure, scientifically detecting the weaknesses and having the most appropriate solution according to the laws of Islamic Shariah. The researcher bases the purposeful consolidation of the rules related to these negotiations based on religious texts and other Fqih issues such as mediation, arbitration, mutual consultation, and the rules of the aggressor. The researcher found that the negotiation process is strongly related to the objectives of Shariah at different levels. Also, political negotiations are related to verbal jihad, which requires preparations as they have various Islamic constraints. In addition, Israel can limit the options of the Palestinian negotiator by the compliance policy because the Palestinian negotiator does not have the conditions of effective negotiations. Consequently, the two stages of the Palestinian- Israeli negotiations have resulted in inconvenient results which should have been undone, and it deviates from many of the purposes of Islamic Sharia. In other words, the negotiation process has led to promoting Israel as a natural entity living in Palestine by legalizing it. Also, this has led to violating the resolutions of the international legitimacy concerning the Palestinian cause. Thus, this is done by taking away the Palestinians’ goals and principles, including freedom, returning to their homeland and ending this occupation of its land and sacred Islamic shrines, especially the Al-Aqsa Mosque, which should not be recognized as rightfully to the Israelis.