Nazareth Regional Court delayed the destruction of the illegally built Shihab al-Din mosque Tuesday afternoon. The court responded to a claim from the Waqf, the Muslim religious trust, that said it already obtained permission for the construction of the mosque from the government, and that it did not need additional permission from the regional planning council.

The court postponed the destruction order issued by Nazareth Magistrate's Court last Thursday. The Magistrate's Court ruled that everything that had been built so far on the mosque site was constructed illegally and violated previous injunctions. The court also instructed the Waqf to demolish within three days all that had already been built.

The Muslims' desire to build a mosque across from the Basilica of the Annunciation has aroused a lot of controversy between Christians and Muslims in Nazareth, such that the mosque has become called "Mosque of Dispute." The conflict has occasionally degenerated into violent confrontations.

In December 2001, the Nazareth magistrate's court ruled that Waqf members must stop building, but construction continued anyway.

The square in Nazareth has become the source of tension between Christian and Muslim leaders and groups because of differing interpretations of its historic and spiritual importance. Muslims believe that Shihab al-Din, a cousin of Arab hero Saladin, is buried in the area of the square. Christians believe the Basilica is where the Angel Gabriel told Mary she would give birth to Jesus.

The previous Sharon government had decided almost exactly a year ago that construction of the mosque should not go ahead. Sharon's cabinet had adopted a recommendation submitted by a special ministerial committee headed by former housing and construction minister Natan Sharansky.

The Sharon government made it clear at the time that its decision overturned policies enacted by previous governments on this issue. In its 2002 decision, the cabinet agreed to propose seven alternative sites for the mosque and restore the structure that holds Shihab al-Din's grave in accordance with Muslim sensibilities and without altering the site's status.