Waqf Property Research Articles

RELATION BETWEEN LOCATIONS OF WAQF FACILITIES AND PROPERTIES AND BELONGING AREAS OF DONATORS IN ISTANBUL FROM THE MID OF THE 15TH TO THE END OF 16TH CENTURY IN ‘ISTANBUL VAKIFLAR TAHRÎR DEFTERI’

In succession to the previous articles to clarify a characteristic of Istanbul as Islamic city, this paper examines a relation between locations of Waqf facilities and properties and belonging areas of donators. As the result, locations of Waqf facilities in each place within the city correspond to the belonging area of donators. Locations of Waqf properties concentrated in a specific area don't necessarily correspond to the belonging area of donators. This phenomena means donators sought fiscal resources in the lucrative area. Consequently, it is one of factors to produce a difference of building density in each kind of facility.

Istibdal Harta Wakaf Dari Perspektif Mazhab Syafi'e

Among the most popular modes of developing the waqf property in many muslims countries is istibdal, that is, to exchange the original waqf property with the other one. In the Syafi‘i school of law there are discussion among their jurists as to how to develop the waqf property but Istibdal is not a popular option given that there are many rules and juristics considerations should be taken into account in implementing it and in many cases it is not allowed. Among the principles that governing the law of waqf is the subject of waqf cannot be sold or transferred to another party and this principle make istibdal is not applicable within the Syafi‘i school methodological framework.

Nobuaki Kondo. « The Bazaar of Tehran during the Nineteenth Century ». The Journal of Sophia Asian Studies, 25, 2007, pp. 161-195. [in Japanese

This well-written article analyses the development process of the Bazaar of Teheran during the 19th century as well as its compositions and ownership relations. The particular interest consists in the role of waqf in the development and maintenance of the Bazaar. The author challenges the accepted notion, according to which the waqf institution generally contributed to the expansion of commercial facilities and that most of estates in marketplaces were waqf property. According to the author, ...

Nobuaki Kondo. « Waqf and proprietary right: the Chahārdah Ma‘ṣūm Waqf in Tehran ». Asian Economies, 48-6, 2007, pp. 9-28. [in Japanese

This well-documented article revisits the issue of the inalienability and perpetuity of the waqf properties. The author demonstrates how the perpetuity of the waqf continues to have effect on the rights to endowed properties down to posterity, even after they lost their original form as waqf. Chahārdah Ma‘ṣūm Waqf in Teheran is a case in point. It is the Safavid royal family that created this large endowment and laid it down that the ruler of the time should be its administrator. In fact, the...

Practicing Sectarianism in Mandate Lebanon: Shici Cemeteries, Religious Patrimony, and the Everyday Politics of Difference

Shic i sectarianism in Lebanon first became institutionalized during the period of French Mandate rule, exemplified by the newly created Jacfari sharica court. Initially empowered to adjudicate matters of personal status law, the court also played an influential role beyond its walls. This article examines practical expressions of Shici sectarianism that manifested in a number of disputes over the ownership, administration, and protection of Shici cemeteries and other kinds of waqf (charitable endowment) property in Beirut and South Lebanon. Even as French Mandate colonialism and local elite interests encouraged the development of certain sectarian norms, the politics of cemetery protection illustrates the extent to which ordinary people, religious authorities, and rural leaderships could appropriate the language of sectarianism as their own. Even as the cemetery became one site where struggles over space, communal autonomy, and sectarian rights were waged, sectarian difference would increasingly come to represent a unique hallmark of national inclusion.

PARADIGMA BARU PERWAKAFAN PASCA UU NO. 41 TAHUN 2004 TENTANG WAKAF

The reform of waqf (property donated for religious use/religious foundation) system in Indonesia, has been started for many years, but it still remains many problems of waqf because the system it self is not well socialized. The enactment of UU No. 41/2004, brings a new paradigm in the waqf system in Indonesia. This paper tries to provide a description of seven new paradigm of waqf system, as pointed in that regulation. Those new paradigms are certification (formalizing of waqf land with a certificate), the exchange of waqf property, selection to the property that will be donated, nadzir requirements, expansion of waqf property and development of waqf system.

‘God is an Absentee, Too’: The Treatment of Waqf (Islamic Trust) Land in Israel/Palestine

Waqf property (held in charitable trust for religious purposes) has been an important element in Muslim societies, and after a period of decline has emerged as a non-profit ‘third’ sector for minorities and in conditions of legal pluralism. This article, after briefly tracing the history of waqf, examines the large-scale transfer of waqf land in Israel/Palestine to Jewish control since the creation of the state of Israel in 1948, and places that confiscation within a context of postcolonial legal pluralism. The role of successive Absentee Property Laws in this confiscation is related to Ottoman land tenure categories and the Ottoman Land Code, as modified under the British League of Nations Mandate. The special legal status of waqf in the Old City of Jerusalem is discussed, and recent legal disputes over the status of certain mosques and cemeteries are examined as sites of resistance.

The Private Property and Awqāf of the Circassian Mamluk Sultans

Qaytbay (r. 1468-96) and Qansuh al-Ghawri (r. 1501-16), the two most prominent Sultans of the late Circassian Mamluk period, donated substantial properties such as agricultural lands, houses, caravansaries, public baths, etc. as Waqfs (religious endowments). C. F. Petry regards their activities as a “financial policy” intended to secure a private source of revenue independent of the traditional state financial system against the political and economic crises of the times. However, it must be noted that the preceding Sultans had also striven to hold private and Waqf properties. It is necessary to comprehend the meaning of their “financial policy” from the point of view of the historical development of the Sultan's private financial affairs. It seems that the Sultans developed their own resources because of practical necessity due to fundamental problems of the state and the political structure in this period.From this aspect, this paper examines the process by which Barquq, the first Sultan of the Circassian Mamluks (r. 1382-89, 90-99), accumulated property and its background, using narrative and archival sources. Consequently, the following facts have become clear: firstly, Barquq held various kinds of private and Waqf properties, and thus the Diwan al-Amldk wal-Awqaf wal-Dhakhira, the special office having charge of them, headed by an Ustadar, was established; secondly, holding those properties was helpful for him in operating a government in the midst of political instability and the malfunction of the traditional state machinery; thirdly, he accumulated the properties by both fair means and foul, such as the diversion of state propery, confiscation, the Istibdal (exchange of Waqf properties) etc. Subsequently, the role of the Sultan's property in the political and financial spheres grew in importance throughout the Circassian Mamluk period.

Islamic social capital and networking

PurposeThe Islamic social capital is characterised by a desire for moral values in production and networking which promotes opportunities for innovative interactions between sets of agents thus forwarding the Islamic ethics. The aim of this paper is to explore the factors that drive alliance formation between labour and capital in both financial and technological forms.Design/methodology/approachAn in‐depth study was made of developmental interventions within the Muslim community life of a village in the Birbhum district of West Bengal province in India.FindingsEvidence shows that the strengthening of informal co‐operative networks through the inputs of technology, financial, and human capital from across different sectors constitutes an essential element in forwarding sustainable development. When the focus of the development intervention is on livelihoods and Islamic welfare accrual from common (waqf) property resources, drawing on informal networks based on Islamic ethics helps to solve problems such as free‐riding and the bottle‐neck of networking.Orginality/valueThe study shows that Islamic economic theory not only identifies circumstances in which communitarian institutions can function well, but also uncovers a dark side.

The Role of Waqfin Achieving Social Solidarity within the Islamic Environment

Waqf is one of methods of social solidarity within the Islamic environment. In its reality; is a voluntary gift (sadaqa) based on Qur’an, Sunnah and Ijma’ (consensus). This study tries to test hypothesis the activation and protection of Waqf system represent a necessity for achieving the current and future social solidarity and economic progress of the Islamic countries especially under unsuitable modern global environment. Historically Waqf had played a vital role in achieving the society’s objectives and participated in formation of Islamic nation progress in fields of education, health, libraries, infrastructures, etc. The Waqf is facing obstacles in form of reduction of management efficiency, in addition to interference of unqualified people in its activities. To activate modern Waqf, it needs two different types of national policies. At national level; we need to promote awareness about Waqf, to increase media role in explaining duties of Waqf in achieving social solidarity and the progress of its economic and social advancement, to modify the Waqf laws in order to restore Waqf properties, and to grant different incentives in order to encourage people to donate and contribute to the Waqf system. On international level, Islamic countries need to establish specialized Waqf institutions to support poor countries as well as promoting education and scientific research. The establishment of the International Agency for Waqf is an important step in this direction

Waqf Administration in Malaysia: Problems and Solutions

Waqf is an endowment, a concept that has been practiced since the early days of Islam. History has shown and proven the significant and important role played by the institution of waqf. Sadly, the current state of affairs of waqf in Malaysia has not been able to achieve similar success. According to the 2002 Jabatan Kemajuan Islam (JAKIM) statistics, waqf land in the whole of Malaysia totalled 20,736 acres. However, most waqf practice in Malaysia is limited to land for cemeteries or for the building of mosques and religious schools. Such properties very rarely, if at all, generate a constant revenue stream, making the sustainability of such waqf properties uncertain. Worse, some of the land is left idle due to the shortage of funding to construct the mosques or schools. This research aims to reveal the problems plaguing the institution of waqf in Malaysia, in particular in the states of Selangor and the Federal Territory of Kuala Lumpur. Interviews were held with the waqf administrators and numerous administrative, financial, social and legal problems were uncovered. These problems need to be urgently addressed to avoid the institution from falling into obscurity. For this reason, a model for waqf management is presented.

Prospects for historic neighborhoods in atypical Islamic cities: the view from Amman, Jordan

What is the function and future prospect for older and more historic neighborhoods in an atypical Islamic city? This study case from Amman, Jordan, identifies three main factors that have circumscribed the neighborhood's urban development: changes to landuse, rent-control bylaws, and processes of land succession. A survey of the ownership registry for 666 plots for the period 1946–2002 reveals that inheritance plays an important role in the processes of land succession. Such processes, based as they are on Islamic thinking about inheritance, are expected to be the most persistent factor affecting the future form and function of the neighborhood. The effect of such processes of land succession may be compared to the function observed elsewhere for waqf property in terms of contributing to the sustainability of traditional crafts and trades in old bazaars; in the case presented here, however, processes of land succession, are contributing to the creation of opportunities for development and redevelopment by freeing a sizeable percentage of available land, built or unbuilt, with the passing of every generation. Thus, in contrast to the often cited adverse effect such processes have in rural areas when leading to the fragmentation of agricultural farming areas, the same processes are here found to be conducive to urban regeneration and redevelopment.

後期マムルーク朝スルターンの私財とワクフ

Qaytbay (r. 1468-96) and Qansuh al-Ghawri (r. 1501-16), the two most prominent Sultans of the late Circassian Mamluk period, donated substantial properties such as agricultural lands, houses, caravansaries, public baths, etc. as Waqfs (religious endowments). C. F. Petry regards their activities as a “financial policy” intended to secure a private source of revenue independent of the traditional state financial system against the political and economic crises of the times. However, it must be noted that the preceding Sultans had also striven to hold private and Waqf properties. It is necessary to comprehend the meaning of their “financial policy” from the point of view of the historical development of the Sultan's private financial affairs. It seems that the Sultans developed their own resources because of practical necessity due to fundamental problems of the state and the political structure in this period.From this aspect, this paper examines the process by which Barquq, the first Sultan of the Circassian Mamluks (r. 1382-89, 90-99), accumulated property and its background, using narrative and archival sources. Consequently, the following facts have become clear: firstly, Barquq held various kinds of private and Waqf properties, and thus the Diwan al-Amldk wal-Awqaf wal-Dhakhira, the special office having charge of them, headed by an Ustadar, was established; secondly, holding those properties was helpful for him in operating a government in the midst of political instability and the malfunction of the traditional state machinery; thirdly, he accumulated the properties by both fair means and foul, such as the diversion of state propery, confiscation, the Istibdal (exchange of Waqf properties) etc. Subsequently, the role of the Sultan's property in the political and financial spheres grew in importance throughout the Circassian Mamluk period.

A Rental Document from 8th/14th Century Egypt

Fan?diq (trade hostelries) were institutions of great importance during the Mamluk sultanate (647/ 1249-923/1517). Frequented for the most part by merchants, they were places where people could find lodgings for themselves and their animals, and also store goods.1 Some were administered pri vately by families or amirs who were heavily involved in trade, while others were dedicated specifically to particular trades or national groupings.2 This article provides an edition and translation of a docu ment from 8th/14th century Egypt, currently kept in the Wazirat al-Awqaf (Ministry of Endowments) in Cairo,3 granting permission to rent out a plot of land in the city center, which has previously been endowed as a waqf (charitable trust), and upon which zfunduq is built. A plan is also presented, suggesting the possible arrangement of the property and its surroundings (fig. 1). As modern knowl edge about Mamluk fan?diq is sparse, the document sheds important new light on the subject, giving insight into various features of the property's layout and administration. Before proceeding further it is worth briefly recalling the rules of waqf and rental in Islamic law. When a property is endowed as a waqf, it becomes inalienable, with its income passing to the person, persons or institution specified as the beneficiary or beneficiaries. Although it may not be sold, a waqf property may be rented out, normally for a maximum of three years. Rentals of longer than three years are permitted, but only with the permission of a q?dl, who has to believe that the transaction is economically of benefit, or at least fair, to the waqf.4 The granting of permission is the function of the document presented here. It is worth noting that this is permission for an ij?ra tawila (long-term lease), rather than a hikr (perpetual lease). The structure of the document seems to be standard: it notes the location of the property; the dimensions of each part of the property, along with their limits in relation to the buildings and streets

A Late Mamluk Document Concerning Frankish Commercial Practice at Tripoli

Much has been written about the trading relations of the Italian states with the Levant in the period of the Crusades and the late Middle Ages. The bulk of the material that has made these studies possible has been provided by the voluminous archives of the various Italian cities, which also contain a few treaties and letters that originated from Muslim authorities (largely of the Mamluk period) and have been preserved in the original and/or in translation. The document to be presented here was addressed to various officials in Tripoli, that is, Tarābulus al-Shām, and dates from near the end of the Mamluk sultanate. It is an order for the attention of the Mamluk authorities only, intended to govern commercial dealings in Tripoli as they were unilaterally understood. The document is not to be thought of as comparable with the so-called ‘treaties’, which were draw up after a process of negotiation although they were ultimately expressed as independent decrees of the Sultan. One can only wonder at the chance survival of this undoubtedly genuine piece. It is now held in the Oriental Institute Museum of the University of Chicago, under the number OIM 13787. It was purchased in 1929 from Dr Bernhard Moritz, one-time librarian of the Khedivial Library in Cairo, and its provenance beyond that point is unknown. Three other Mamluk documents of the same period, which are relevant to affairs at Tripoli, survive in the archives of St Catherine's Monastery in Sinai, namely nos. LXIX, LXX and LXXI of those published by Ernst. The first of these three refers to the monastery's waqf property at Tripoli, but the other two have absolutely no connection with any interests or affairs of the monastery, and it is difficult to imagine how they found their way there.

Adaptation to Changing Circumstances: Perpetual Leases and Exchange Transactions in Waqf Property in Ottoman Algiers

AbstractIslamic law allows for perpetual leases and exchange transactions of endowed property as an exceptional means to deal with the inalienability of Waqf assets in cases in which Waqf-property has become dilapidated. In this article I examine the use of these two transactions in connection with the largest public foundation in Ottoman Algiers — the Waqf al-ḥaramayn. These two transactions proliferated during the last few decades of Ottoman rule and were extended to assets which were fully intact, on the condition that the transaction was of material advantage to the Waqf. This policy was conditioned by a number of socio-economic factors particular to Algiers and its important public foundations.

Islam and Israel

This book consists of six chapters, endnotes, a glossary, a bibliography,and an index. Although fairly short vis-a-vis the long period that itcovers (from the Ottoman era to 1988), this book is in fact a very valuablereference work on the subject. The author made considerable efforts tocollect, compare, and analyze the data. However, it seems that the maintitle, Islam and Israel, is rather ambiguous and misleading. The subtitle,Muslim Religious Endowments and the Jewish State, reveals the book'scontents adequately. This title may have been coined by the publisher formarketing purposes.The book explores Israeli policy toward Palestinian Muslim religiousendowments (awqtif, sing. waqf) and studies the methods employed toconfiscate and transfer most of them so that they eventually becameexclusively Jewish property. The waqf system played a very significantsocioeconomic, religious, and educational role in the history of Muslimsociety. About 15 percent of the agricultural land in Palestine is waqf (1.2million dunums), as are many buildings, shops, and other structures inurban areas. The revenue derived from these sources finances importantnetworks of welfare and charitable services in Palestine, such as schools,orphanages, and soup kitchens.The first chapter tackles the Palestinian Muslim waqf system duringthe late Ottoman empire and the British Mandate. It indicates the importanceof waqf for the notable families in Palestine and their administrationof it in ways designed to enhance their power and influence. It also studiesthe arrangements made by the Ottomans during the nineteenth centuryto set up a waqf administrative structure and to develop it under their closesupervision. During the British Mandate (1918-48), however, a new structure,known as The Supreme Muslim Council, was created in 1922. It wasdominated by the Palestinian religious elite and notables and took a"national character" under the leadership of Hajj Am1n al ijusayn1. In1937, the British mandatory government suspended the council's centralcommittee and replaced it with a government-appointed commission.These measures undermined the waqf institution and its role in politics andthe national struggle.The second chapter discusses the Muslim waqf system in Israel from1948 to 1965 and explains how the Zionist state managed to control andconfiscate waqf properties and resources. In the parts of Palestine that ...

The Significance of Private Archives for the Study of the Economic and Social History of Iran in the Late Qajar Period

Since the last world war, there has been an increasing interest in preserving and utilizing archival material in Iran, but, despite several attempts, appropriate institutions have not as yet been established for this purpose. To substantiate their viewpoints, researchers often have to wait long periods before gaining access to the desired archival material. This, of course, does not imply that documents were not preserved in Iran. Throughout the entire Qajar period, the existence of a document chamber at the imperial court, in which documents of unequal value were preserved with reasonable care, indicates that the preservation of archival material is a long-established custom.There are also private archives of considerable interest, but unfortunately these materials were preserved for long periods only if they had legal or administrative importance. For example, the contracts for real estate transactions, or designations of waqf properties, were carefully preserved by heirs or distantly entitled parties, while documents of only practical interest usually disappeared within two or three generations.