It is unlawful to surrender any part of Islamic land, for Islamic land is not the right of a president, a prince, a minister or of a group of people to surrender it under the event of exerted pressure or difficult circumstances. Rather, individuals and communities should try to use all means to withstand occupation, free the Holy Jerusalem and restore it to the Muslim territory. If one of the Umma’s (religious scholar's) generations proves unable or unwilling to do so, it does not have the right to impose its disability or unwillingness on the future generations of the Umma till the Day of Judgment by surrendering what it is not entitled to surrender.
Therefore, the Council’s Fatwa is that it is prohibited and unlawful to sell land in Jerusalem or in any other location in Palestine to the enemies or accept compensation for it by the homeless refugees, for Muslim lands are not to be given up or compensated for in any case, and whoever does so betrays Allah, His Messenger, and the Muslim society.
If this ruling applies to any Muslim land, it should be more strict concerning the land in Holy Jerusalem, the first of the two qiblas, the city of Al-Aqsa Mosque, and the third of the most venerated cities to Muslims next to Makkah and Medina, and the land that was the destination of Isra’ (night travel) and the starting point of Mi’ra (ascendancy to Heaven). [See glossary for a discussion of the theological terms and their importance.] Therefore, Jerusalem has its place in the heart of every Muslim, whether east or west. It touches its membrane and goes deep in it, out of sincere love of it, eagerness to keep it intact, and defending its sanctified features and taking care of its affairs. Because of it, the Palestinian issue has become the first issue of Muslims. They hurry to protect it and they fight in its cause and offer their souls and valuable property for its sake.Jerusalem is not for the Palestinians alone; it is for the whole Muslims, Arabs and non-Arabs. It is also for all Arabs, both Muslim and Christian.
The Palestinians are not entitled to decide by themselves the fate of Jerusalem and ignore the right of the Muslims all over the world. Consequently, Muslims, wherever they may be, should do their duty and do their utmost to defend Jerusalem and Al-Aqsa Mosque. It is a common obligation. All Muslims should work together to defend them with their souls and property and whatever they possess. Otherwise, they would incur the punishment of Allah. When the crusaders occupied Jerusalem in the past, the people who tried hard to free it were non-Arab Muslims, such as the Turk ‘Imad-ud-Din Zinki, his son Nur-ud-Din Mahmod, known as the Martyr, and his student the Kurdish Salah-ud-Din Al-Ayyubi, who Allah chose to free Jerusalem.
Muslims numbering over 1.3 billion are still everywhere ready to sacrifice and expend everything for the sake of their dear Jerusalem. This is perceived by every individual among the Muslim nations from Philippine and Indonesia in the East till Mauritania in the Arabian West, although this is not manifested strongly and clearly by some Muslim rulers, unfortunately.
Jerusalem is a dear part of Islamic home and Islamic land. Muslims have been in it for 14 centuries. They did not usurp it from the Jews. Indeed, Jews ceased to live in it for hundreds of years. Their state had come to an end hundreds of years before; a state which lasted for no more than a few hundred years. Arabs and others lived in it for thousands of years. When the Caliph Omar ibn Al-Khattab (ra) received Jerusalem from its Christian Patriarch Sapharnius, one of the conditions agreed upon with him stipulates: “The Jews shall not live with them”.
The sovereignty over Jerusalem should be Islamic – Arabian - Palestinian. This does not prevent Christians or Jews from practicing their religious rites with the freedom and tolerance characteristic of Islam through the ages: “And Allah has full power and control over His Affairs, but most of men know not” (12:21).