Franz Kogelmann Some Aspects of the Development of the Islamic Pious Endowments in Morocco, Algeria and Egypt in the 20th Century, in: Les fondations pieuses (waqf) en Méditerranée

Les fonaations yieuses (waqf) en Jv1editerranee

enjeux ae societe enjeux ae youvoir

coordonne par

Randi Deguilhem

Abdelhamid Henia

Ouvrage publii par Ja Fondation Pubhque des AwqaJdu Koweit Koweit 2004

copy Kuwait AwgafPublic Foundation 2004

National Library of Kuwait Cataloging In Publieation Degulihem Randi

Les fondations pieuses (wagt) en Mediterranee enjeux de soeuumlte enjeux de pouvoir Coordonne par Randi Deguilhem Abdelhamid Henia _ Koweuuml Fondation Publigue des Awgaf du Koweit 2004 p 17x24 em ISBN 99906-36-40-0

1 wagf- Mediterranean region 2 Religious trusts - Mediterranean region 3 wagf - Middle east history-20h eemury 4 Endowrnems-Arab eountries I Abdelhamid Henia Ir Title 3066971822 BP 17025 ISBN 99906-36-40-0 amplJ

Depository Number 200400107 tllgt)1 r-J

Les idees exprimees dans ce livre ne ref]etent pas necessairement les opinions de la Fondation Publique des A wqaf du KoweTt

FPAK BP 482 Safat 13005 KoweTt Telephone 965-804777

Fax 965-2542526 awqafjoumalawqaforg serdawqaforg

wwwawqaforg ISBN 99906-36-40-0

SOMMAIRE

Note de Nditeur 7

Randi DEGUILHEMAbdelhamid HENIA Presentation 9

1- LE WAQF COMME VECfEUR DES STRATEGIES DACfEURS 15

1 Nacereddine SAlDOUNI Les liens de IAlgerie ottomane avee les lieux saints de lIslam a travers le role de la fondation du waqfdu Haramayn 17

2 Tal SHUVAL Le dynamisme du wagf dAlger au XVIIIe siede 65

3 Isabelle GRANGAUD Les dotations de la mosguee Sidi al-Kittani (Constantine au XVIIIe siede) 79

4 Sabine MOHASSEB SALIBA Wagf et geranee familiale au Mont Liban a travers lhistoire du eouvent maronite de Mar Challita Mougbes (XVIIe-XIXe siedes) 99

20th5 Souad SLIM Problems of Wagf in the Century in Lebanon 131

6 Lei1a BLILI-TEMIME Habous et strategie de pouvoir dans la Tunisie husaynite 18e - 20e siedes 157

7 Zakia Belhachmi Revealing al-Wagf as a Systemie Cultural Poliey Of Govemanee 173

SOMMAIRE

11 - LINGERENCE DE LETAT DANS LES WAQF 203

8 Khaled KCHIR Les waqfs dans la societe mamlUke reflexions apartir de quelques cas 205

9 Rachida CHIH Mbsquees et zawiyas de Jirja (XVIe-XVIIIe) approche pour Wle histoire religieuse de la Haute-Egypte ottomane 233

1OFaruk BILlC Elargissement des competences de IEtat diminution de laction des fondations (waqft) au XIXe siede dans lEmpire ottoman lexemple dWl quartier dIstanbul 253

l1Abdelhamid HENIA La gestion des waqf khqyn en TWlisie a lepoque modeme du monopole pnve au monopole public 285

120dile MOREAU Le statut des waqfs de moueddebs a Tunis pendant le Protectorat 321

13Franz KOGELMANN Some Aspects of the Development of the Islamic Pious Endowments in Morocco Algeria and Egypt in the 20 th Century 343

14Randi DEGUILHEM On the Nature of Waqf Pious FOWldations in Contemporary Syria A Break in the Tradition 395

Index 431

Note de jediteur

Linteret pour le systeme des Awqaf sest manifestement accru ces demieres annees dans plusieurs pays Il a touche des institutions officielles des organisations de la societe civile ainsi que les milieux intelleetuels et academiques

Au niveau officiel cet interet sest manifeste particulierement suite auml ladoption de laquola strategie de la promotion des Awqafraquo par le Comite Executif du Congres des Ministres des Awqaf et des Affaires Islamiques des pays musulmans (CECMAAI) qui a designe en septembre 1995 le Koweit en tant que laquoEtat coordinateur de lactivite des Awqaf entre les differents pays islamiques raquo Dans ce cadre la Fondation Publique des awqaf du Koweit (FPAK) -mandatee par le Koweit pour ce dossier- a lance plusieurs projets qui ont pour objectif commun la vivification du waqf et la mise en valeur de ses possibilites socio-economiques au profit des societes musulmanes

Par ailleurs la FPAK est convaincue que ces objectifs ne pourraient etre atteints en labsence dune recherche scientifiqlle active et dun debat intellectuel centre autour de ce que les specialistes appellent nidhiim al-awqiif laquole systeme des awqafs raquo Ainsi la vivification des awaqfs prendra sa source principale dans une analyse objective de ce systeme des fayons dont il sest greffe au social araboshymuulman de ses differentes contributions socio-economiques et des problematiques quil adegage en tant que pratique societale

Dans cette direction la FP AK a developpe des programmes pour encourager la recherche sur la thematique des awqaf Un concours international une revue scientifique specialisee et des bourses de recherches pour les etudiants de troisieme cycle universitaire sont quelques exemples de l interet qu accorde la FPAK alactivite scientifique liee au sujet du waqf

La publication du present ouvrage ltltLes fondations pieuses (waqf) en Mediterranee enjeux de societe enjeux de POUVOiDgt repond auml cette orientation generale en mettant auml la disposition des

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Some Aspects of the Transformation of the Islamic Pious Endowrnents in Morocco Algeria and Egypt

in the 20th Centuryl

Franz KOGELMANN ()

Introduction

This paper deals with the relationship between religion and state in Muslim societies Clearly such a complex topic cannot be treated with anything approaching comprehensiveness within such a modest framework as this paper and so a degree of selectivity is required in more than one respecl

The first selection was my decision to examine a genuinely Islamic institution that of the Islamic pious endowrnents However because of the many and varied forms that the institution of Islamic awqdj takes and its ability to adapt to both local and temporal conditions it is impossible to portray and analyse its significance for the relationship between religion and state in isolation from social and political change For this reason it is prudent to set both a temporal and a regional limitation Temporal limiting the investigation to the 20th Century appears to offer the possibility of insights into developments that occurred during this period and into the historical breaks caused by colonialisation andor decolonialisation In view of the recent occurrences triggered by a politicised Islam I think it also

J A first draft of this paper was presented at the Second Mediterranean Social and Political Research Meeting Florence March 21-25 2001 Mediterranean Programme Robert Schuman Centre for Advanced Studies European University Institute I would like to thank the participants of Workshop VI Networking Across the Contemporary Mediterranean Foundation Trust Properties Revenues and Socio-Political Alliances between North Africa the Middle East and Europe for their construtive criticism Above all I would like to express my gratitude to Randi Deguilhem iA-en-Provence for her comments on an earlier version of this paper bull Deutsches Orient Institut Hamburg Germany

Les fondations pieuses (waqf) en MiditeITanee enjeux de societi enjeux de pouvoir Franz KOGELMANN FPAK 2004 p 343-393

111

Franz KtJgelmann

indispensable to examine the change in significance of what was previously a central Islamic institution

My regional limitation results in a concentration on Arabicshyspeaking countries south of the Mediterranean which fulfil the following parameters

1 The country must currently possess a significant Islamic endowment system

2 There must be a public discussion regarding the pious endowments

3 This topic should not yet have been exhaustively explored in academic debate

All of the North African states have a maJonty Muslim population and Islam is protected as the state religion (din ad-dawla) in their constitutions2 North Africa with the exception of Morocco was influenced by the Ottoman Empire for centuries and came under the domination of European powers for some time in the 19th and 20th

Centuries However while all these countries have Islam as state religion and experience of European domination in common this investigation needs to bear in mind that these are by no means the only factors that can be used to explain current social political economic or religious developments Not only were both the intensity and the length of European domination in the different countries too different to make such a simplistic approach possible but also the various national rulers have situated Islam - which in any case does not exist as a unchanging and homogenous religion - within state doctrine in very different ways since independence has been regained This means that it is impossible to use developments in one state to draw direct conc1usions for changes in another The change in significance of Islamic institutions such as the pious endowment takes place within the national framework and initially can be examined only within that context Only when national developments have been specifically highlighted can the attempt be made to make transnational comparisons and these promise to offer a better understanding of the region as a whole

2 See H-G Ebert 1991 pp 120-137

31--

Some Aspects ofthe Trt11liformation of [he Iswmic Pious Endl)]vments

A further component in my examination are the Islamic legal experts The ulamd as guardians of a religiously inspired legal system - the sharfa - based on the Quran and the Sunna see themselves as the sole legitimate bearers of the Prophetic tradition Their function in Muslim societies has not always been limited simply to the religious legitimisation of state power they previously also had areal role as mediators between the faithful and the ruier and in the past they functioned as the advocates before the state ofthe prophets inheritance3 However the ulamd were never a homogenous class far less a scholar caste and so were never bound into state structures as a whole but they played a key role within the relatively autonomously administrated institution of Islamic pious endowments It was not only that the awqdj fell into the public sphere that largely comes under the regulation of the sharfa but the ulamd were often simultaneously both administrators and beneficiaries of pious endowments The system of Islamic pious endowrnents gave the ulamd material security was a source of their power and the basis of their relative independence of the state ruler Even in the past this symbiosis between ulamd and awqdj was not always free from state intervention - the complete autonomy of awqdj and ulamd was rather an ideal that was never realised and rulers themselves were among the most important founders of pious endowments - but it seems that with the post-colonial state came not only the will but also the means and the ability to exercise complete control over the public aspect of religion

My examination concentrates on three sets of topics4 The first deals with developments in the Islamic endowment systems in Egypt Algeria and Morocco during the 20th Century The second examines the ulamd s reactions to these developments and the third point of focus is on the attitudes of modern Islamic movements towards the institution of awqdjup until the end ofthe 1990s

My paper is structured as folIows after adescription of the current state of research into the institution of Islamic endowments in the three countries I give a historical sketch of the endowment

3 B Johansen 1986 p 16 (my translation) 4 As the research project is still in progress the analyses and results are still conditional and partially incomplete

3 t~ Franz KiJgelmann

system The third part of my account focuses on the relationship between the awqdf and the post-colonial state

State Of Research

The exceptional significance of pious endowments for the religious infrastructure - the spectrum ranges from the construction and maintenance of mosques educational establishments and weHs via the payment of scholars to the financial support of students - is

5weIl known and has been detailed in numerous studies During the colonial era European orientalists and lawyers were mainly interested in the legal aspects of the awqdj6 but nowadays research into waqf has access to a wide range of detailed information edited and annotated endowment documents (waqftydt) interpretations and legal history studies7 Two collections of essays published in the midshy1990s on the significance of pious endowments for Islamic societies past and present and two recent issues of journals dedicated exclusively to the same topic bear clear witness to the great academic interest in the Islamic endowments at present8 However there is still a noticeable lack of comprehensive accounts and the development and the change in significance of the institution of pious endowments under the influence of state-Ied modemisation measures during the 20th Century has still to be systematically researched in many countries Good comparative studies are utterly lacking

In his essay Les Wakfs dans lIslam contemporain Busson de Janssens does indeed try to describe the development of the Islamic endowments in a number of countries but the attempt to encompass the awqdf from the Atlas mountains to South-East Asia necessarily means that the study can only be descriptive in nature and it does not go beyond the end of the 1940s9 As a result his description includes

5 See A Raymond 197980 J Luccioni 1982 pp 136-157 pp 237-288 I Heyworth-Dunne 1939 pp 358-378 G Baer 1997 61 Krcsrrulrik 1891 D Santillana 1926 Vol 2 pp 412-451 A DEmilia 1938 E Mercier 1899 L Milliot 1918 JLuccioni 1939 7 A at-Taumlzi 1981 D Crecelius 197879 A-R Abdul Tawab and A Raymond 1978 J Schacht 1953 C Cahen 1961 etc 8 F-H Bilici (ed) 1994 R Deguilhem (ed) 1995 Journal ofthe Economic and Social History of the Orient 38 3 1995 Islamic Law and Society 43 1997 9 G Busson de Janssens 19511953

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Some Aspects ofthe TranifomJeTtion ofthe Islamic Pious Endowments

information neither ab out developments in the awqdf field after the return to independence nor about the debate between Muslims that has taken place since then There also exists a short essay on the Maghreb published in 1971 but it runs to only five pages IO

The ulamd H S loss of influence during the period of European colonialism and their changed role since independence has been sufficiently documented for Morocco Algeria and Egypt 11

Depending on time and place they have been called variously the pensiones ou salaries de IEtat12 little more than propagandists of Nasirs Islamic socialisml3 the clerge officiel musulman14 of a laicistic state or the Moroccan states attempt to put the entire ulamd under its control and use them for its political ends has been described as the institutionnalisation d un clerge 15

While the marginal roles assigned to the ulamd by the states modemisation measures in the 20th Century may indeed have been thoroughly researched the circumstances which led to their nationalisation certainly have not Christelow theorises that the awqdf played a central role in this process He makes religious structure an important factor in differentiating Islamic states and so points out that the countries to the south of the Mediterranean nowadays have centralised religious structures which come under strict state control The element which made possible this centralization was the awqdf religious endowments - which all around the Mediterranean were seized by central govemments in the process of modernization 16

Christelows theory is certainly right in essence but coming as a marginal comment in an essay on Islam in modem Nigeria it is not explored and provides little information about the processes that lead to this centralisation A similar criticism cOlld be levelled at Zeghals assessment of the reforms carried out under Jamal Abd an-Nasir and

10 Anonymous 1971 1 For Morocco see R Elger 1994 M Tozy 1990 for Algeria see Ch-R Ageron 1979 pp 168-182323-348 for Egypt see D Crecelius 1967 M Zeghal1996 12 G Kepel 1985 p 429 13 D Crecelius 1967 p 430 14 Ch-R Ageron 1979 p 177 15 M Tozy 1990 p 77 16 A Christelow 1987a p 249

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Pranz Kogefmann

their effects on the ulamd Nasser acheve daffaiblir leur pouvoir economique et politique confisque definitivement leurs ressources les place sous sa tutelle directe et les integre de force dans le monde moderne Le dlim devient un fonctionnaire de lEtat qui ne tire plus ses ressources economiques des revenues des waqf-s [ ] mais du budget que lui alloue le pouvoir17

Zeghal makes a connection between the abolishment of the pious endowments the end of the ulamd s autonomy and the creation of a modem society in Egypt but this theory too is not supported by much evidence In particular Zeghals remarks give little information about the ulamds reaction to the withdrawal of their material security

Until recently the most up to date publication on contemporary awqdj in Egypt was held to be a study by Barbar and Kepel It conc1udes with the era of Anwar as-Sadat and amounts to litde more than the translation of several legal texts and newspaper artic1es are relevant to the pious endowments18 The authors themselves see their publication less as an analysis and more as a stimulus for future generations of researchers to investigate the developments that have taken place in Egyptian awqdj since the 1970s

In his 1998 legal dissertation Kemke focuses on the change that the institution of endowments [ ] has experienced [] in parallel with the development of modem economic and social structures 19 Using Egypt as an example his account of the legal changes in Islamic endowment law and the type and extent of the reception of western legal concepts20 reaches as far as the 1980s However Kemke concentrates on the specifically legalistic dimension of this transformation process21 and thus neglects the social-historical aspects

Despite the very different conditions framing developments in the two Maghreb states of Algeria and Morocco - the Algerians could only begin building their own state in 1962 after over 130 years of

17 M Zeghal 1996 p 25 18 K Barbar and G Kepel 1982 19 AH Kemk 1998 p 5 (my translation) 20 Ibid 21 Ibid

~ Lt-J Some Aspects ofthe Transf(JmJation ofthe Islamic PioUJ Encbwments

foreign rule and even if it has a long history as astate we can speak of a centrally organised state of Morocco whose bureaucracy has an influence in the majority of the country only since the French Protectorate - the position of the institution of Islamic endowments and the ulamd in these two countries today is to some extent comparable to that in Egypt The ahbds are subject to aministerial bureaucracy in each country and the ulamd are public employees

Comparedto the colonial era information about the ahbds under Muslim administration is sketchy for the period since Algeria regained its independence In its North African colony France practised a policy of an expropriation ouverte dimportantes proprietes urbaines et rurales tenues en habous [ ]22 from the beginning The incorporation of the ahbds into the states sphere of influence is weil described23 and the consequences ofthis poliey such as the creation of a Muslim c1erw that was dependent on the colonial state have been discussed The Algerian state did indeed place the remaining ahbds under a newly created ministry for pious endowments in 1962 but this did not satisfy the original demand of the reform ulamd (Association des OuMmas musulmans algeriens) for more autonomy in religious matters Immediately after the end of the war of independence they were obviously in no position to contest the official thesis that the separation of religion and state has simply been a problem of colonialism no longer relevant that independence had been regained25 A range of artic1es doeument the various restructuring procedures undergone by the ministry for pious endowments they are descriptive however and give little insight into the ulamds reaction to these state-directed developments26

The Moroccan Islamic endowments were centralised almost immediately after the creation of the French Protectorate in 1912 lnitiated under the aegis of the French Resident General - even if officially in the name of the Sultan - the reforms put the administration of the ahbds under a bureaucratic regulatory system that has largely survived until the present day However

22 BD Cannon 1995 p 244 23 J Ruedy 1967 p 67-79 24 Aumerat 18991900 G Busson de Janssens 1948 and 1952 J Carret 1957 25 A Christelow 1987b p 268 26M Bomnans 1972 L-W Deheuvels 1991 pp l3-32 H Sanson 1980

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Franz Kogemann

understanding of the Moroccan Islamic endowments is still heavily 27dominated by research done in colonial times and Stoumlbers

examination of the economic significance of the Moroccan ahMs is by his own admission a work based largely on the study of the literature28 and delivers few insights that go beyond what is already in the secondary literature

The right direction is signposted by Elgers dissertation which places the focus on the categories of state centralism and of autonomy of society29 in the first three decades of the 20th Century He analyses the state measures aimed at bringing the ulama and the sufi orders under its control and how the scholars opposed their integration into the state and in what way they attempted to react to the processes of change by reforming themselves3o Elger discovers that the state refonns undertaken under the French Protectorate resulted in a serious limitation of the autonomy of religious institutions31 He also mentions that the centralisation measures carried out by the state effected among other things the Islamic pious endowments and that the states actions destroyed the ulama s financial autonomy32 but because Elger uses the biographical research method which centrally interests itself in the actions and thoughts of individuals33 he does not investigate the development of institutions and only touches marginally upon the change in significance ofMoroccan ahMs

Although academic interest in Islamic pious endowrnents has steadily increased in the past few decades the state of research on the institution of Islamic endowments in the second half of the 20

th

Century is patchy for most Muslim countries Neither the effects on the ulama of state-directed centralisation and regulation measures with regard to the awqaj nor the ulama s reactions to these developments have yet been investigated

27 See E Michaux-Bellaire 1908 al-Moutabassir 1907 G Salmon 1904 H Gaillard 1915 H-L Rabino 1922 28 G Stoumlber 1986 p II (my translation) 29 R E1ger 1994 p 11 (my translation) 30 lbid p 10 31 lbid p 12 32 lbid 33lbid p 17

351

Some Arpects ofthe Transformation ofthe Islamic Pious EndmvmentJ

Islamists started founding pious endowments again in the 1970s and 1980s in some parts of the Islamic world with the aim of mobilising their supporters The so-called nouveaux vakifs have developed into an important instrument de legitimation et daction sociale in laicistic Turkey of all places and the institution of the Islamic pious endowment peut jouer le roumlle de vecteur de la sociabilite que ne jouent plus la mosquee ni les associations34 Morocco Algeria and Egypt are all horne to Islamist movements that represent achallenge to the existing power structures although to different degrees As far as I am aware the sometimes very comprehensive literature on the phenomenon of Islamic fundamentalism in these countries has thus far completely overlooked the role of the awqaj as a genuinely Islamic institution that works to construct organisational structures in of modern Islamic movements and to include supporters ofIslamism into new fonns of community

Reforms of Islamic Pious Endowments Before the Reclamation of National Independence35

Muslim rulers in the 18th and 19th Centuries were faced with problems that arose from the politico-economic expansion of Europe into the Islamic world and took the concrete form of a military and economic inferiority in relation to the European powers and these very real power political and economic problems demanded urgent solutions Aside from short-tenn endeavours such as raising taxes or confiscation of property - in the case of pious endowrnents the states will generally overrode their sacredness - the rulers reacted by introducing refonn projects that were intended to reorganise state structures to be more efficient Secular military economic administrative and legal reforms by no means left the pious endowments unaffected but they did not seriously threaten waqf as an institution This generally remained the approach of regimes that had sprung up out of the struggie for independence in the Arab Islamic

34 F Bilici 1993 p 433 35 Colonial rule ended in Algeria in 1962 the French Protectorate ofMorocco ended in 1956 and although Egypt had become formally independent of Great Britain in 1922 it is only after the treaty between Egypt and Britain of 19101954 and the withdrawal of foreign troops from the Suez in 1956 that we can speak of fuH independence

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Franz Kogelmann

world or like Turkey after Atatuumlrk had operated a radical policy of secularisation

Egypt

Reorganisations of Islamic pious endowments were known in Egypt at least as early as the Ottoman conquest in the 16th Century36 At the beginning of his period as governor of the Sublime Porte (1805-48) Muhammad Ali also recognised the necessity of comprehensive land reform if his reform plans were to succeed Beginning in 1809 waqflands in agricultural use - this accounted for about 380000 ha or a third ofthe fertile land in Egypt - were taxed and finally confiscated with recompense in 181237 Unlike the iltizam system he did not destroy the institution of the pious endowment with the result that by 1942 Egypt once again had over 284600 ha of waqfland38

Ismail Basha Khedive of Egypt (1863-79) reorganised the diwan al-hisabat that had been founded by Muhammad Ali The controlling body was eventually called the diwan al-awqaf and rationalised the administration of public endowments that were under state contro Ismail Basha registered the income generated by the endowments centrally and distributed the surplus without regard to the original purpose39 The Egyptian states attempts to exercise tight control over the awqaf reached what was until that point its zenith

36 On the land rights of 1533 see St 1 Shaw 1962 On the development ofpious endowments from Muhammad Ali up to 1957 see M Abu Zahra 1959 pp 28-45 On the reforrns up to 1990 see A Kemke 1998 up to 1980 see K Barbar and G Kepel 1982 up to Jamaumll Abd an-Nasir see G Baer 1969 up to 1950 see G Busson de Janssens 195111953 Part I pp 25-30 Part 11 pp 53-569-71 up to 1928 see the account by A Sekaly 1929 which includes rnany documents for the period 1800-1914 see the standard account by BD Cannon 1967 for the Ottoman era see M Afifi 1991 for the era ofthe Mamelukes see MM Amin 1980 much infonnation on the awqtij in Lower Egypt in the period 1740-1858 is offered by KM Cuno 1992 pp 21-2224-2577-78 103 107-108 and AKemke 1991 on lhe legal reports on pious endowments of Muhammad Abduh On the organisation of Egyptian awqtij documents and their importance as historical documents see D Crecelius 1971 37 See BD Cannon 1967 pp 251-253 38 Cf the data in G Baer 1969 pp 79-80 39 See D Crecelius 1991 p 75-76

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Some Aspern ofthe Transf()TJ1ation ofthe lsfamic Pious EndlJlvments

spurred on by Ismaumlils high financial requirements Since Ismaumlils time government interference in the administration of the waqfs of the religious community has been a way of life Whatever remaining control the ulama had enjoled over such waqfs after Muhammad Alis reign was now ended4

The curtailing of the ulama s ability to control the pious endowments and particularly the open abuse of the institution by the ruling family evoked criticism among the legal scholars The influential Salafiyya scholar reformer and senior mufti in Egypt (mufti ad-diydr al-misriyya) Muhammad Abduh wrote about the reforms of pious endowrnents that had been introduced by Muhammad Ali in an article published on the occasion of the 100th

jubilee of his accession In the article he says that the creator of modern Egypt is simply a nominal Muslim because his policy on pious endowments had destroyed the financial basis of the Islamic infrastructure and had thus caused detriment to the religion 41

Discussion of reform of the pious endowments was dominated by questions of organisation and administration until the middle of the 1920s The central awqaf administration which had been created in 1835 and 1851 finally gave way in 1913 to a ministry with an independent organisational structure and its own budget after pressure was exerted by the British

Muhammad Abduhs prominent pupil Rashid Ridauml also discusses the role of pious endowrnents in an Islamic state in an article published in 1913 in his Salafiyya journal al-Mandr42 He dismissed out of hand attempts at reform that aimed to place the administration of pious endowments in the hands of those who themselves were among the beneficiaries As Muhammad Abduh had criticized some years before public pious endowments in Egypt came under the direct control of the ruling family and its entourage and Ridas idea was that the state should guarantee the pious endowments sovereignty against interference from politics and politicians This implied that the awqaf

40 D Crecelius 1991 p 76 41 See R Ridauml 1 124 H S 420 first published in a-Mantlr vol 5 07061902 pp 175-183 For citations of a-Mantir I refer to the edition available at the American University in Cairo BPIM35 42 See a-Mantlr vol 171 pp 75-79

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administration should be independent of both Muhammad Alis descendants and the British occupiers ofEgypt

After 1924 the ministry came under parliamentary control after having previously been largely under the direct control of the mlers of Egypt who had directed the income from significant pious endowments straight into their private coffers43 Conflicts arose as both the state and the mling family attempted to directly influence the administration of the pious endowments The interests of a Protectorate power had already played a role since the beginning of the British occupation in 1882 and with the advent of a parliamentary system the struggle for control over the wealth of the pious endowments became only more complex

After parliament had established its ultimate control of not just public but also private pious endowrnents in 1924 wide-ranging corruption and mismanagement was revealed and during the budget delibeiations of 192627 in parliament the question arose of whether private awqaf should be thoroughly reformed or even abolished However the main motive for this debate were less the recognised misuses of pious endowments and more considerations of an economic nature

In 1926 the parliamentary commission on pious endowments under the chairmanship of the former waqf minister Muhammad Ali Alluba Baumlshauml decreed that the annual income from all private

endowments under ministerial administration be mortgaged for at least ten years As this situation was certainly not representative of the endowers aims - such as the financial security of theirdescendants shythe commission recommended that parliament debate the institution of private awqdf 44

Three different positions regarding the problem of private endowments crystallized during the public discussions The conservative faction with the former Great Mufti Muhammad Bakhit as spokesman and supported by the royal family rejected any change whatsoever in the status quo of pious endowments45 A modernist

43 See D Crecelius 1991 p 77 44 See A Sekaly 1929 p 77 45 See also the opponent of refonn YM Delavor 1926

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Some Asperu ofthe T rcmsformarion ofthe Isamic PiousEndmvmmts

movement that desired to reform the institution comprehensively formed under the leadership of Muhammad Ali Alluba Baumlshauml who had disputed the religious character of private pious endowments A vague radical tendency demanded that private awqdf be completely abolished

There were a number of different proposals from among those wanting to reform private endowments but their approaches were generally limited to the reorganisation of the endowments and the states lack of opportunity to control the endowments administrators was a -particular thom in their flesh Reform of the administrative system for public endowments - which were often only indirect1y under state control - was not on the agenda

lnfluential people who functioned as the administrators of public endowments were deeply concerned to leave contemporary practice unchanged and the situation was similar with regard to the royal awqdj Clearly nobody was prepared to enter into an open exchange of blows with these interest groups and thus no-one advocated reform let alone abolition of public endowments as these were too c10sely connected with the interests of influential farnilies politicians or ulamd As a result it was impossible to eliminate anachronistic uses of income generated by endowrnents and redirect it to answering the needs of a modem state

47

The situation did not change materially until the dissolution of parliament in July 1928 and the whole question of waqf reform was temporarily put on ice In 1946 however a new law affecting awqaf was passed creating far-reaching regulations forthe foundation of private endowments4amp However very few of the regulations were retroactive and royal pious endowments were mostly exempted from them

46 See M AIy Pacha 1927a p 400 ibid 1927b pp 501-503 See also AB Hanki 1914 47 See the account and analysis of this discussion in G Baer 1969 pp 85-87 also J Schacht 1932 pp 217-223 Muhamrnad Bakhits statements on the matter can be found in A Sekaly 1929 pp 415-436 601~14 also various drafts of laws with notes ibid pp 615~49

48 See JND Anderson 1952

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Pranz Kogelmann

Real change as far as pious endowrnents in Egypt were concerned only began to occur six years later under Jamal Abd anshyNasirs regime His revolutionary zeal scorned the interests of Egyptian landowners as he introduced land reforms and forced the pace of industrial and economic development in the country Immediately after the coup middot detat the military regime took radical action on questions relating to pious endowments and drastically changed the laws applying to public endowments

Aigeria

Along with other states the autonomous regency of Algeria grew up in the 17th Century out of the Maghreb coastal regions that had been in the Ottoman sphere of influence since the beginning of the 16th Century French troops conquered Algiers in 1830 and following more than 20 years of armed conflict brought the north of what is today Algeria under Frances direct control As early as 1948 the Provisional Government of the Second Republic declared Algeria inseparably bound to France The mutation of Algeria into a settlement colony and more than 130 years of presence franraise profoundly affected the development of the country

We can hardly speak of areform of pious endowrnents in Algeria it is far more appropriate to talk of a destruction of the hubs system and a disrossession in favour of the colonial state and European settlers 4 Although General Bourmont and Husain Bashauml Dey of Algiers signed a capitulation treaty in 1830 that guaranteed the right to religious freedom and property General Clauzel allowed the transfer to colonists of pious endowments in the ahMs-rich area around Algiers in the very same year50

49 On pious endowments in Algeria before the French conquest see M Hoexter 1984 and 1994 1998 N Saidouni 1994 on developments under French rule see A Ainouche 1987 Aumerat 18991900 G Busson de Janssens 194819511952 and 1951 1953 Part I pp 16-21 51-52 1 Carret 1957 LA Eyssautier 1898 and 1900 1 Ruedy 1967 pp 6-8 67-79 BD Cannon 1995 on legal aspects see F DuJout 1936 and 1951 A short overview of pious endowrnents in independent Algeria is given by Anonymous 1970 pp 41-43 50 See 1 Ruedy 1967 pp 67-70 N Saidouni 1994 pp 113 A concise overview of the development of pious endowrnents in French Algeria and legal doctrine connected therewith is given by DS Powers 1989 pp 539-554

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Some Aspects ofthe Tran1ormation ofthe Islomic PiOJlS EndmJlmentJ

The colonial state which established itself step by step in Algeria tried to achieve far-reaching control of Muslims religious infrastructure on the one hand on the other it needed increasing amounts of fertile land for European colonialists Both these factors had serious consequences for the pious endowments

The French colonial regime issued among others the following directive relating to the Muslims religious infrastructure In a decree of 08 091830 General Clauzel placed in addition to the property of the Ottoman elite the ahbds al-haramain - despite protests from the population of Algiers - under state control Only a short time later on 07121830 a decree was issued that was aimed directly at the public endowments and placed them within the states domain of controL In turn the state was to take on the responsibility for maintaining the religious infrastructure 51

The Council of Administration in Algiers created a Commission pour la gestion des Rabous under the control of the Direction des Finances in 1835 and this carried out a number of reforms of the pious endowment system under French guidance 52

Putting the pious endowments under the control of the Direction des Finances was prompted by a complaint by the malakite Mufti of Algiers about the bad administration of and the decrease in income from the endowments and he demanded that the ahMs be placed under his controL53 The French administration did not accede to the Muftis wishes and after 01011837 a direction speciale concerned itself exclusively with the administration of pious endowrnents In order to effectively control the ahbds income the colonial administration subjeced all the book-keeping activities of the religious infrastructure to French regulation The decrees from 1843 and 1848 are evidence of the attempt to incorporate the public endowments entirely within the states controL 54 The first article of the 1848 decree is indicative Les immeubles appartenant aux mosquees marabouts zaouias et en general a tous les etablissements religieux musulmans qui sont encore execeptionnellement regis par des oukils

51 See A Ainouche 1987 pp 513-533 52 See 1 Ruedy 1967 pp 72-74 A Ainouche 1987 pp 533-537 53 See A Ainouche 1987 p 533 54 See A Ainouche 1987 pp 537-545

J 51

Pranz Kogelmann

seront reunis au Domaine qui les administrera conformement aux I [ ] 55reg ements

The increasing colonisation of the country brought with it an urgent need for land The Royal Decree of 1 October 1844 and the Property Demarcation Law (loi de cantonnement) of 1851 rendered the inalienability of Islamic pious endowments invalid These regulations made it possible for Europeans to legally acquire private ahMs property and an 1858 decree regulated the transfer of private endowment property between Muslims According to the orders by General Clauzel mentioned above public ahMs should have been brought comtletely under state control only a few months after the occupation5 but completion of this process took several decades in certain parts of Algeria 57 All of the pious endowrnents in the north of the country were transferred into the states domain only by 1870

French policy on ahMs was altogether more liberal in the south of the country This was sometimes the result of the relative unimportance of the pious endowrnents in the oases but in the case of the Mzab the Ibadite population were allowed to exercise religious and administrative autonomy after they had recognised the supreme authority ofFrance 58

Land rights in Algeria were the same as those in France despite the continued existence of the endowrnent as an institution from 1873 onwards and the problem ofthe ahMs seemed to have been settled to French satisfaction

The principle of laicism which became French state doctrine in 1906 was theoretically binding for Algeria also but with the annexation of the hubs system responsible for the maintenance of

55 A Ainouche 1987 p 541 56 The text ofthis edict can be found in G Busson de Janssens 19511953 Part I p 51 57 See BD Cannon 1995 pp 243-244 A Ainouche 1987 S 512-545 58 For details on pinus endowrnents in the south of Algeria see G Busson de Janssens 1951 1 1953 Part I pp 17-21 on Ibadite endowrnents see M Mercier 1927

l~

Some Aspects ofthe Transf()TJation ofthe Islamic Pious Endowmmts

Islamic scholarship and culture in Algeria the state became directly involved in the religious affairs ofMuslims 59

By marginalising the ulamd the traditional mediators between ruler and ruled a laicistic state became directly responsible for the maintenance of the religious infrastructure and the continuance of Islamic religious practice The income received from pious endowments was of course completely without religious significance for this state but with the assumption of control of the ahMs administration came financial responsibility for some of the beneficiaries In this way Islamic scholars and mosque employees came to be paid by the state60

The rigorous nationalisation of pious endowments in Algeria resulted in the creation of a Sunnite eIergy A easte consisting of only a few hundred well-paid religious employees of the state - in 193435 there were only 38561

- was ill-disposed to any kind of change in the status quo and this interweaving of state and religious establishment meant that the separation of religion and state was not complete The paradoxical situation created by the existence of a state Islam under the authority of a laicistic state gave discontented sections of the majority Muslim population plenty of ammunition in their demands for fundamental reforms

Among the most important petitions made to the French colonial administration by the opposition reform-oriented Association des Gutemas musulmans algeriens - which was e10se to the SaIafiyya movement - was the separation of Islam and colonial state and the end of state control of pious endowments62 A central demand was the liberation of the Islamic pious endowments through their return to Muslim hands (tahrfr al-awqdf al-isldmfya bi-irjd ihd ild 1shymuslimin)63

The state reacted to accusations of insufficient support for religious institutions by founding comites consultatifs du culte

59 On this deve10pment up to 1907 see A Ainouche 1987 up to 1948 see Jarry 1948 60 On this problem see A Ainouche 1987 61 See A Merad 1967 p 418 62 On the Salafiyya movement in Algeria see A Merad 1967 63 M al-Bashlr al-Ibraumlhlmi 1970171 pp 53

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Fronz Kogelmonn

musulman in the northern departements in 1930 The consultation committees were under strict state control as was to be expected and were dominated by the religious establishment In 1933 a check on the growing influence of the Salafiyya movement was created by allowing only state-employed ulamauml to preach in public mosques

The discontent of Algerian Muslims increasingly found expression through political protest against French colonial rule and it was only after the invasion of Allied forces at the end of 1942 that the colonial regime was prepared to make concessions Freedom of speech in mosques was reintroduced in 1943 the controversial comites consultatifs du culte musulman were abolished a year later64

With the enactment of the Algerian statute law (statut organique de lAIgerie) in 1947 the problem ofthe pious endowments which had been settled since the Second Empire gained in topicality again As the law once reaffirmed the separation between religion and state in Algeria it was planned to return the administration of the ahMs to Muslim hands in order to safeguard the independence of Islam from the state However for the next several years neither the assemblee algerienne charged with the task of drafting the necessary guidelines nor the various fractions of Algerian ulamauml were able to solve the problem of how Islamic religion and the future administration of the pious endowments should be organised under Muslim direction65

The return of endowments to Muslims as proposed by the statute law was nevertheless linked to several premises only ahbaumls whose founder had intended the safeguarding of the Islamic religion could be considered and other public not to mention private endowments were excluded The objective was to secure the financial independence of Islam from the state Otherwise the law considered the transfer of powers of administration of endowments into Muslim hands to be sufficient to effect a formal separation of state and religion The property title of pious endowments remained with the state

64 See G Bussonde Janssens 1951 pp 309-311 65 See G Busson de Janssens 1951 pp300-05 314-323 66 See G Busson de Janssens 1951 pp 330-337

~

SomeArpectr oJthe Transf()T7Jotion oJthe Jsamic PiONS Endowments

Morocco

Unlike all the other regions in North Africa which stood to a greater or lesser degree und er the influence of the Sublime Porte in Istanbul from the 16th Century onwards Morocco was able to preserve its individuality The political skill ofthe Sultans managed to stave off threats to Moroccan independence for as long as until 1912 when the extreme West of the Islamic hemisphere was incollJorated into the French colonial empire as a protectorate until 1956

The institution of awqdf in Morocco as in the majority of regions in the Islamic world was a religious institution significant to the welfare of the community of Muslims The state power - as far as it was able to - has repeatedly tried throughout Moroccan history to exercise decisive control over the development of pious endowments in order to be able to use them for its own ends In tbis way the Sultans attempted to gain better control ofthe wealth ofthe awqaumlfby reforming their administration however attempts at reform in Morocco were carried out und er conditions different from those in say Egypt which had a centralised bureaucracy from at least the time of Muhammad Ali on The Moroccan government the makhzan was constrained by only a rudimentary administrative system that had barely any influence in peripheral areas of the country This lack of centralised state structures ie the inability to raise taxes in large tracts of the country or to exercise sole authority in whatever regard differing widely from a modem European conception of state organisation did not however by and large weaken the Moroccan Sultans position as the leader ofthe faithful (amir dl-muminin)

Looked at over the long term numerous changes in the field of pious endowments can be ascertained and seen in this way the legal conditions were continually adapting to changing social and economic circumstances Until the reign of Maulay Ismaumlll (1672-1727) the religious establishment exercised direct control over the administration of the ahbaumls67 During his reign however the administration of the ahbaumls became more centralised and the makhzans influence grew within a hierarchically organised

67 On pious endowrnents before the French protectorate see F Koge1mann 1999 pp 67-148 under the reign ofMaulay Isrnauml il see R Balrnuqqadam 1993 1 Luccioni 1982 pp 37-162

66

gt( t

Franz Kogelmann

bureaucracy at the expense of the religious establishments authority The Qadis no longer designated the administrators of pious endowments the nadirs the power of nomination was now in the hands of the makhzan and the govemment further strengthened its influence by selecting personages of outstanding merit from its own ranks as endowment administrators The heritable nature ofthe offices and the concentration of power in the hands of only a few families ensured a broad continuity in the a~ministration of the ahMs This kind of state influence was of course only possible in areas controlled by the makhzan and the presence of a weak ruler on the throne created conditions favourable to decentrally and autonomously administered pious endowments

By the terms of the 1912 Treaty of Fez which provided the foundation for the creation of the French Protectorate France committed itself to leaving in the religious sphere of Moroccan life untouched to respecting the Sultan as the head of the Moroccan Muslim community and to preserving Islarnic institutions notamment celles des habous Despite this commitment to notshyinterference in the religious matters of the Muslims the French colonial govemment made strenuous efforts to reorganise the Islamic pious endowments from the outset68 The French Residence Generale successfully initiated a survey of all pious endowments the standardisation of legal regulations and the introduction of contemporary bureaucratic procedures- in other words it created a hierarchically organised centralised ministerial bureaucracy within the space of only a few years69 However the French Service du Contr6le des Habous was appointed to oversee and advise the exclusively Muslim ministry for pious endowrnents in all matters and on all levels The great interest that France showed in the ahbds and the energy with which the Resident General promoted reform can be explained by the political desire to strengthen the position of the Sultan in his traditional role as the head of the Muslim community The theoretical goal of policy in the French Protectorate was at least until the 1920s to exercise indirect and above all efficient rule in

68 See F Kogelmann 1999 pp 149-298 1 Luccioni 1982 pp 163-311 69 This paper does not consider the situation of the Islamic pious endowrnents in internationally-adrninistered Tangiers nor in the Spanish-controlled North of Morocco

~3

Some Aspects ofthe Transformatlon ofthe Isamic Pious Endowments

Morocco through a policy of association (politique dassociation) The social and political structures in Morocco were to be preserved and existing institutions to be subjected to tight contro170

The religious establishment had no objections to these farshyreaching reforms which frequently placed economic considerations before the desires of the endowment founder in the early years of the Protectorate During a meeting of the High Council of Pious Endowments (majUs al-hubsi al-ald) Abu Shuaib ad-Dukkali Minister of lustice at the time and later extremely important for the further political and religious development of Morocco as a representative ofthe Salafiyya movement emphasised the fact that the enacted reforms were in conformity with the prescriptions of the sharfa 71

Resistance came in the 1930s from Moroccan nationalists when in their campaign against the policies of the Protectorate they used administrative procedure in the pious endowments to show up the fiction of the protectorate72 Their protests were directed less towards administrative ~efonn or the Muslim-Ied ministry and more towards the French-dominated Service du Contr6le des Habous In petitions to the Sultan hundreds of signatories complained about the decay of the religious infrastructure the neglect of Islamic scholarship the lack of support for the needy etc and demanded improvements in the ahbds administration73 The nationalist press published critical articles focussing on the French director of the Service du Contr6le des Habous but the sharpest criticism of the administration of the endowments came from Muhammad al-Makki an-Nasiri - to be ahbds minister in the 1970s - in his 1935 book entitled Islamic Pious Endowments in the Moroccan Empire (al-ahbds al-isldmiyya fi l-mamlaka al-maghribiyya) According to hirn the problems of the Moroccan ahbds could only be solved on condition

70 See P Venier 1991 on colonial govemment practice before 1925 see D Rivet 1988 71 See Compte-rendu de la session du Conseil superieur des Habous tenue du 6 au 10 Novembre 1915 au Dar Elmkhzen aRabat in Ministere des affaires etrangeres Centre des Archives diplomatiques de Nantes Maroc-Cabinet diplomatique Carton 51025111915 On Abu Shuaib ad-Dukkaumlli seeR Eiger 1994 pp 93-101 72 On the nationalists criticism see F Kogelmann 1999 pp261-298 73 On the different petitions see M al-Makki an-Nasiri 1992 pp 85-100

~

Franz Kogelmann

that all foreign involvement was rejected (ala asas istiqlal al-ahbas istiqlalan tammaman an middot kulli t-tadakhkhulat al-ajnabiyya) The pious endowments had to be returned to the supreme authority of the Sultan and an administration drawn from the faithful 74

The Moroccan nationalists criticism was sparked off not so much by the reforms carried out und er the Protectorate but more by the failure to preserve the autonomy in Muslim religious matters as stipulated in the Treaty ofFez The centralisation ofthe administration of and what ultimately amounts to the nationalisation of pious endowments is not criticised in the nationalists publications rat her the bone of contention is far more the control of the ahMs by a foreign power and the use of their wealth for purposes that did not directly benefit Muslims However towards the end of the Protectorate as the conflict between the Moroccan nationalists and the Resident General intensified and demands for national independence began to be voiced the question ofcontrol over the ahMs slipped into the background

In the course ofthe 19th Century the majority ofMuslim mlers recognised the necessity of fundamental economic legal and administrative reform but building modern armies promoting trade industry and intensive agriculture required considerable investment An efficient and centralised administration was required to more fully exploit economic potential

With these reforms at the latest a capitalistic conceptualisation of land and property began to spread through Muslim countries Capital investors demanded legal security from the state in matters of property and commerce Agricultural land should be purchasable without restrictions and freely exchangeable as a commodity in a system of trade

These points of view ran completely counter to the fundamental character of pious endowments as inalienably and eternally entailed in Gods legal rights (haqq Allah) On account ofthe huge wealth of property they incorporated pious endowments were affected by reforms that led to stricter state regulation Apart from

74 See M al-Makkl an-Naumlsiri 1992 p12 on an-Naumlsiri see Manshuraumlt Jamiyat alshyUlamauml 1991 F Kogelmann 2000

~~5

Some Aspern of the Transformation of the Isofmc Pious Endowments

confiscation by mlers Islamic law offered sufficient and reasonably oft-used opportunities to include endowment property in free trade via long-term or unlimited tenancy contracts and the exchange of property

b-1~l) 75(eg lstl uu

The administrators of important awqaf traditionally came from the social elite and many endowments were de facto in private hands76 The direct interference in the administration of the endowments by the state intervention in ownership questions and the abolition of tax advantages caused resistance to refonn among the beneficiaries of the traditional system

Parts ofthe religious establishment which opposed the reforrns saw in the increasing state regulation of pious endowments the first sign that they were losing control of one of the most important sources of their power and prosperity As in the past certain ulama spoke out in favour of the preservation of the status quo and so came to the support of social gr01Pings who opposed pious endowments becoming state property7

Whereas in Algeria France had avoided the problems related to the reform of pious endowments by incorporating them closely into the state domain the rulers of Morocco and Egypt continued the reorganisation of the awqaf that had been begun in the 19th Century The process of making agricultural land available for settlement and property in towns available for urbanisation did not exempt pious endowments and limited in their room for manoeuvre by the religious nature of the awqaf and in spite of the Muslim refonn movements the European colonial powers made use of the opportunities offered by Islamic law to revoke the principle of inalienability of pious endowments

Numerous members of the religious establishment saw the changes in the administration and control of the endowments as a threat to their traditional positions in society and occasionally took part in the nationalist middot campaign against foreign mle The clear inclination among the colonial powers to take control of the wealth of

75 These procedures for changing the legal nature of a waqf-property have a long history on istibdtiJ in the context of medieval Cairo see L Fernandes 2000 761n connection with Egypt see KM Cuno 1993 pp 202-203 77 See B Johansen 1988 p 82

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Pranz Kogelmann

the awqdj gave opposition ulamd a welcome opportunity to point out their religious nature and to mobilise the public in their cause The ulamd were able to compensate for the threat to their status within Islamic society with a temporary gain in political importance

Development of Pious Endowment Mter the Reclamation of National Independence

Egypt

The institution of pious endowments in Egypt was not unaffected by the lasting economic and social changes brought about by the coup detat carried out by the Free Officers on 23rd July 1952 The new rulers confiscated and dissolved the royal awqdj long the object of public criticism abolished the equally widely condemned private endowments and placed Qublic endowments which continued to exist under direct state control78

The new political leadership unswervingly confiscated the endowments previously administered by the royal family they were liquidated in 1953 and the proceeds diverted into the national budget The changes in the legal framework for private endowrnents had grave effects for the whole awqdj system as their total area made up approximately 90 of a11 endowrnent lands However despite the deep incision into the Egyptian institution of awqdj made by Act 180 of 1952 there was not only no resistance worthy of mention among the Egyptian public [it] was even supported by progressive representatives of the orthodox Muslim establishment79 The tacit support of the public can be explained on the one hand by the debate that had been running since the 1920s about the national economic significance of private endowments and on the other by the fact that the abolition of this kind of awqdj in no way meant the ruin of either the endowers or the beneficiaries at least in the short-term The Act aimed to transfer the private pious endowrnents to profane private property but the realisation of the regulations proved ultimately to be a complicated matter with the resuIt that legal arguments would

78 On the development ofEgyptian pious endowrnents after 1952 see G Baer 1969 pp 88-92 K Barbar and G Kepe11982 1 al-Bayfiml Ghaumlniro 1998 pp 458-499 A Kernke 1998 pp 236-334 79 A Kernke 1998 p 249 (my translation)

Sb---

Some Arperts ofthe TroniflJf71lotion ofthe Ishmic Pious Endo1Jll11ents

continue for several decades 80 As for the aforementioned progressive ulamd such as the awqdj minister Ahmad Hasan alshyBaumlqurl (1952-1959) al-Bahi al-KhUli Sayyid Saumlbiq and Muhammad al-Ghazzaumlli81 these were personalities who were either highranking members of the Muslim Brotherhood or were e10se to it The law abolishing private pious endowments was enacted in September 1952 at a point in time when the tightly-organised and ideologically-unified mass movement of the Muslim Brotherhood and the generally unknown Fiee Officers still shared some common ground and so it is perhaps no great wonder that the Muslim Brethren voiced no objections to it 82

The new rulers began to reorganise the regulation applying to public pious endowments in 1953 According to the regulations valid until then and in conformity with the sharia the endowers will regarding the purpose and beneficiaries of his awqdj was sacrosanct Equally inviolable was bis decision as to who - generally a member of his family - should administer the endowment However accortling to Act 247 of 1953 only the ministry for pious endowments was empowered to administer public awqdj The only exceptions were endowments administered by the endower bimself In addition the law created the possibility for the ministry to ignore the endowers wishes and simply set the endowments purpose at it itself saw fit Thus khayri waqfs have in fact been nationalized they are managed by a government department which has authority to spend their revenue according to its needs83

The Egyptian general public rejected this long-Iasting restructuring of the regulations affecting public endowments In contrast to the dissolution of private endowrnents the inclusion of public awqdj into the states sphere of control brought advantages to the state only and as neither the administrators nor the beneficiaries of pious endowrnents profited from the new law many awqdj administrators boycotted the ministrys plans84 It was particularly in the area of agricultural reform that the state made considerable use of

80 On the details and the difficulties see A Kemke 1998 pp 255-270 8 See A Kemke 1998 p 249 footnote 58 82 R P Mitche1l1969 pp 105-162 83 G Baer 1969 p 91 84 A See G Baer 1969 p 90

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Pranz Kogelmann

the possibilities made available to it by defining the endowments objectives anew Act 152 of 1957 divided agricultural awqdf land among small-scale farmers and Act 44 of 1962 transferred urban endowment property to the municipal authorities Apart from the economic success or failure of these measures they tumed the awqdf into fundamentally freely tradable property85 The law makers argued that their intervention in the autonomy and the foundations of Islamic pious endowments was in the interests of public welfare (alshymaslaha al- amma) 86 The Egyptian political elite viewed the curtailing of the endowment ministrys administrative powers - in line with the dominant ideal of Arabic socialism - as un 9rand pas franchi sur la voie de la realisation des objectifs socialistes 8

The awqdfministry received a new direction under JamaumllAbd an-Naumlsir88 as traditional responsibilities such as the correct administration of pious endowrnents according to the wishes of the endowers and the requirements the beneficiaries were continually taken away from it However the administration of mosques remained an important area of influence for the ministry and this was further expanded by the attempt to incorporate all independent mosques a process which is still incomplete today89 The control of mosques did not apply only to the physical entities themselves but also to the mosque employees and in particular to the ideas and ideologies propagated within the mosque In order to be able to fulfil this task the ministry housed a General Directorate for Islamic Propaganda (alshyiddra al- amma ish-shufjn al-islamiyya) However the government also created a parallel Supreme Council for Islamic Affairs (alshymajis al-a la i sh-shufjn al-isldmiyya) in 196090 with the result that the two bodies both of which operated within the ministry for pious endowments largely covered the same areas of responsibility They were responsible for the dissemination of a religious practice and a true Islamic consciousness appropriate to the states will for the

85 A Kemke 1998 p 304 (my translation) 86 A Kemke 1998 p 280 87 Ahmad Abduh ash-Sharabasi (awqajminister) quoted in K Barbar and G Kepel 1982 p 18 88 See M Berger 1970 pp 45-53 89 Personal COTIlJTnication from the Egyptian Minister of awqajMalumld Hamdi Zaqzuumlq Cairo 14052001 90 See R Schulze 1990 pp 154 271-274

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Some A JjJects ofthe Transformation ofthe Islomic PiOIiS EndolllfJ1ents

printing and distribution of religious literature and for overseeing the mosques There were however some differences in the way the two bodies carried out their duties The Supreme Council for Islamic Affairs was direct1y influenced by the Free Officers for whom the awqdf ministry was a nest of reactionaries and thus a thom in their flesh On the other side established ulama viewed the Supreme Council as a tool of the regime wh ich as they saw it did more damage than good to Islams standing in Egypt91 As it was financed by the revenues from the ministry and was sure of the governments support the Supreme Council enjoyed a wide-ranging autonomy This meant that the Egyptian state under Jamaumll Abd an-Naumlsir came very elose theoretically at least to the goal of creating a ministry that concentrated on the national and international dissemination of true Islamic doctrine without being hindered with the responsibility for maintaining and administering pious endowments92

After the death of Jamaumll Abd an-Naumlsir a dramatic drop in revenues to the awqdf ministry resulting from corruption mismanagement and unlawful appropriation of endowrnent wealth during the agricultural reform process made a reconsideration of awqdf policy in Egypt necessary In 1971 and as part of the so-called corrective movement (harakat al-tashfh) Anwar as-Saumldaumlt pronounced a law that created Commission of Egyptian Pious Endowments (haiat al-awqdf al-misriyya) within the ministry for awqdf93 The exelusive right to administer the pious endowments was transferred to this commission After awqdf agricultural land that had not yet been transferred to farmers during the agricultural reform and urban land that had been built on were also retumed to the control ofthe ministry in 197394 fundamental reforms made in the 1950s and 1960s were rendered ineffective

The reforms of public endowments that were undertaken after the Free Officers took power were not accepted without resistance by all of the groups affected by them95 Groups disadvantaged by the reforms developed many strategies of resistance in order to maintain

91 See M Berger 1970 p 49 A Kemke 1998 p 286 92 See A Kemke 1998 p 283 note 250 93 See K Barbar and G Kepe11982 pp 40-41 94 See K Barbar and G Kepell982 pp 42-43 95 See G Baer 1969 pp 90-91 A Kemke 1998 pp 279-280

6ftgt Pranz Kogefmann

inherited claims on awqcij Some administrators managed to keep the existence of their awqcij secret from the ministry over a span of several years others turned to the law courts However the Egyptian judiciary threw out allegations by awqcij administrators doubting the constitutionality of the new regulations and also petitions from ulamd of the hanafite rite who had in the past received generous treatment from pious endowments in addition to the salary they received as scholars of al-Azhar Appeals to the Supreme Sharia Court ofEgypt by the ulamd were rejected out ofhand

The authoritarian regime of Jamaumll Abd an-Naumlsir permitted no open criticism ofits policies and it only became possible to publicly discuss political abu ses as the result of a certain degree of liberalisation under Anwar as-Saumldaumlt and Hosni Mubaumlrak - and then only within a strictly limited framework Criticism was directed at the ministry for pious endowrnents from many sides On the one hand insiders within the awqdj administration and representatives of the religious-poumllitical faction criticised the reforms of the 1950s and 1960s on the other the media made the administrative excesses of the ministry public

Scandals to do with mismanagement in the endowment administrations were broadly publicised as were cases of fraud and corruption Several serving or former awqdj ministers produced insider evidence during the 1970s and 1980s al-BaqUri who had served (awqcij minister 1952-1959) as awqcij minister at the beginning of Jamaumll Abd an-Naumlsirs regime justified his support for the policies of the Free Officers on the basis of rampant corruption within the endowment administration97 The main target of criticism of one of his successors al-Bahay (awqcij minister 1962-1964) was the Supreme Council for Islamic Affairs In areport in 1964 he counts the endowment in favour of charitable institutions [ ] as one of the most deeply rooted characteristics of our Arabic socialism and honours anyone who founds a charitable endowment as a pioneer of

96 See K Barbar and G Kepel 1982 pp 44-55 A Kemke 1998 pp 322-325 316 note 432 97 See A Kemke 1998 pp 245-248 Kemke quotes al-Baqfuis autobiography Baqaya wa dhikrayat Ahmad Hasan a-Baquri al-Qaumlhira 1988

~ l-I Some Aspects ofthe Transformation ofthe IsfamicPiOIlS Endowments

socialism98 He attacks the Supreme Council for its Marxist orientation and its tendency to misappropriate and waste endowment property99 At the same time he teils of his impotence as a minister in the face of the political restrictions set by the leaders of the state100

An-Nimr (awqcij minister 1979-1980) goes further At the beginning ofhis term of office he published a detailed report on the poor state of the institution of pious endowments in Egypt and attacks the reforms of the 1950s and 1960s and their long-term effects in no uncertain terms He calls his predecessors in office the regimes lackeys and claims that they were thus responsible for the decline of the Egyptian institution of pious endowments101

In February 1980 an-Nimrs report sparked off a parliamentary debate initiated by among others the members of parliament Salaumlh Abil Ismauml il and Ibraumlhim Awara Abil Ismaumlil at least is considered to be in the Islarnist corner 102 Both members accused the state of having wasted the wealth of the Islamic pious endowrnents by transgressing the regulations of Islamic law This reference to the Sharia in their argument ca me exactly at a time when its role in Egyptian law was being debated A change in the Constitution in May 1980 had established the Sharia as the main source (al-masdar ar-raisf) of legislation and Ibrahim Awara pointed out in a parliarnentary question in February 1981 that several families in Tanta refused to pray in mosques erected by the awqcij ministry on account of the fact that the endowment administration took interest on the sale of endowment property which constitutes usury (ribci) according to the Quran

Algeria

More than 130 years ofFrench colonial rule had serious effects on pious endowments in Algeria The ahMs lost most of their

98 A Kemke 1998 p 318 quoting the autobiography of al-Bahay Hayari fi rihiib a-Azhar Taib wa usttidh wa wazir al-Qaumlhira 1983 99 A Kemke 1998 p 286 he quotes the autobiography of al-Bahay 100 A Kemke 1998 pp 290-291 he quotes the autobiography of al-Bahay 101 A Kemke 1998 pp 291 320-321 he quotes seetions ofthe Mun im an-Nimrs report Qissat a-awqtij al-Qaumlhira 1979 and a detailed documentation of the following parliamentary debate in al-Ahraumlm 19 amp 20021980 This debate is also detailed in K Barbar and G Kepel 1982 pp 58-62 102 See K Barbar and G Kepe11982 p 59 note 1

6 ~l Franz KtJgelmann

autonomy and were placed under state control by the colonial rulers and demands from reform ulamd that aseparation be made between state and religion and contral over the endowments be put back into Muslim hands went unheeded throughout the French period of rule After the establishment of the Democratic and Popular Republic of Algeria in 1962 the new government still did not acquiesce to these demands but instead followed the model of other Muslim states and set up a ministry for pious endowrnents In astate that claimed to be based on astate doctrine of so-called Islamic socialism 103 _ especially marked after Houari Boumedierine (1965-1978) came to power - the ministry for pious ehdowrnents received a particular significance 104

The ministry had a range of different names during its existence reflecting its changing responsibilities Originally called the Ministere des Habous in 1962 it was renamed Ministere de lEnseignement Origine et des Affaires Religieuses in 1970 before becoming Ministere des Affaires Religieuses in 1979 Nowadays it is called Ministere des Affaires Religieuses et des Habous 105 In addition the ministry was under the direct control of the Algerian President from 1977to 1979106

The first minister for pious endowments Tawfiq al-Madani was unhappy with the extent of his powers after only short time in office and at the beginning of 1963 he announced that his ministry nentendait pas se contenter dentretenir les edifices et de payer les ministres du cuhe mais ~uil voulait contribuer a linstruction et a leducation du people10 A decree of January 1964 regulated the organisation of the religious education system in Algeria and placed it under the contral ofthe ahbds ministry108 Even though religion was a compulsory subject in schools after 1964109 the ahbds ministry began

103 On Islamic socialism as the state doctrine of Algeria see H Chabbi 1987 104 On the development of the ministry for pious endowrnents since 1962 see F Kogelmann 200 I lOS See the various volumes of Annuaire de lAfrique du Nord (AAN) 106 See H Chabbi 1987 p 178 107 A Adam 1963 Algerie Chronique sociale et culturelle AAN p 546 108 Journal Officiel de la Republique Algerienne (lORA) no 6 1701 1964 109 See A Adam 1963 Algerie Chronique sociale et culturelle AAN pp 179shy180

3)l

5ome Aspects ofthe Transj(J11lJation ofthe Islamic PiOIiS Endnwments

to build up aseparate and parallel Islamic school systemIIO but although the change in the focus of the ministry became official in 1970- it was renamed Ministere de lEnseignement Originel et des Affaires Religieuses (Wizdrat at-ta lim al-asli wa sh-shu (m adshydiniyya) - it was not until 1971 that the creation of an separate Islamic education system was legalisedl11 However the Islamic branch of the Algerian educational system was gradually reincorporated into the national state system five years later 112

After the original ahbds ministry had been renamed yet again in 1979 the state set out a clear definition of its political responsibilities

Dans la cadre de la concretisation de la politique nationale le ministre des affaires religieuses a pour taumlche de veiller au developpement harmonieux de laction religieuse teIle que definie par la Charte nationale et de mettre en ceuvre les moyens propres auml assurer la realisation des objectifs en matiere deducation religieuse dans ses dimensions id60logiques et morales [ ] Le ministre des affaires religieuses explique et diffuse les principes socialistes contenus dans la justice sociale que constitue lun des elements essentieis de lIslam I 13

The disappearance of pious endowrnents from the ministrys name was no coincidence Although a department within the ministry was made responsible for the administration of pious endowments in 1980114 the agrarian revolution that had been initiated in 1971 resulted in the nationalisation of agricultural awqdj real estate115 and this in turn meant that the ministry actually had very little endowment property to administer Endowrnent property that had been placed under state control during French colonial rule remained within the states domain and ahMs that had remained autonomous

110 A Adam 1963 Algerie Chronique sociale et culturelle AAN p 546 See also M Bomnans 1972 pp 471-473 Y Turin 1973 111 JORA no 621011972 See also H Chabbi 1987 p 150 112 See H Chabbi 1987 p 153 113 Decret ndeg 80-3009021980 JORA 12021980 cited in H Chabbi 1987 pp 179-179 114 JORA 12021980 pp 150-152 IIS See Articles 34-38 ofthe Chartre de la Revolution agraire AAN 1971 pp 767shy768

gtN Franz Kogeimann

under colonial rule and those that had been placed under the ministrys control at the time of independence were also included in 1964 By 1980 only endowed buildings were directly administered by the 116mmlstry

The agrarian revohition polarised Algerian society In 1974 youths - ~lus ou moins inspires de lideologie des Freres Musulmans 17 - demonstrated in Oran and Constantine in favour of an end to the redistribution of agricultural land and in the following year there were numerous clashes between progressive and islamist students Opponents of the agrarian revolution were generally considered to be members of the bourgeois l18 The situation was similar in 1982 during the conflict between students from different factions supporters of a politicised Islam demanded that the terres spoliees dans le cadre de la Revolution dite agraire119 should be given back to their original owners The state reacted with repressive measures and among the more than one thousand arrested was Abassi Madani later omi of the leading figures in the Islamic Salvation Front (FIS) 120

At about the same time as the protest was being voiced against the agrarian revolution in Algeria there was a boom in the

121construction of mosques The postcolonial government certainly tried to control mosques - a central elementmiddot in the religious infrastructure - as closely as possible through aministerial bureaucracy but most of the mosques built during the 1970s and 1980s kept themselves outside state contro 122 In addition to the prestige objects founded by the rulers with the intention ofunderlining their religious legitimacy the majority of mosques established in this period were improvised popular mosques (masdjid ash-sha ab) free mosques (masdjid hurra) and private mosques Common to all of them is the attempt to escape state influence in both the religious

116 See H Sanson 1981 pp 102-103 he quotes A Bouchene Cute et Etat dans Agerie independante memoire Algiers 1975 11 7 AAN 1974 p308 118 See N Abdi 1975 p 37 11 9 AAN 1982 p 518 120 AAN 1982 pp 519-529 121 On this phenomenon see A Rouadjia 1990 122 See A Rouadjia 1990 pp 77-109

l~r

Some Aspects ofthe Transformation ofthe lsl4mic Pious E ndnwments

content of the imams preachings and the maintenance of the buildings

The popular and free mosques were primarily financed by contributions from the worshippers private mosques however were very often prestige objects built by private individuals concerned to display their wealth in an ostentatious but religiously correct way and so were financed by their founders alone The law at that time in fact forbade the foundation of private endowments in the traditional sense but by founding a religious association (association religieuse) the endower could still establish his own endowrnent The only purpose of such a religious association was the organisation and administration of the mosque according to the founders will without the influence of the state and in this function such an organisation represents nothing less than a private endowrnent 123

The states reaction to the increase in autonomously administered mosques in the 1980s was on the one hand to try to place these mosques under the charge of the ministry for religious affairs and on the other itself to invest in the religious infrastructure 124 It began to answer the obvious desire among the population for more places of worship but was not able to provide enough personnel to run the increased numbers of mosques The ministry tried to counter the lack of trained imams by permitting soshycalled imams libres to preach in state-controlled mosques up until 1986125 However it later tried to halt this trend 126 - which ultimately worked against the states interests - and even the state president at the time Chadli Bendjedid (1979-1992) made a sharp attack on the increase of imams libres in an official address He called the free imams elements bornes and elements pernicieux who utilisent [the mosques] auml des fins destructives 127

The 1980s overall and particularly after the unrest in 1988 were marked by developments that eventually led to a rapid political liberalisation process and especially to an Islamisation of the

123 See A Rouadjia 1990 pp 92-95 124 AAN 1984 p 802 125 See A Rouadjia 1990 pp 183-191 126 See A Rouadjia 1999 pp 195-196 127 AAN 1986 p 707

Z~

Pranz Kogemann

political debate Thus arose a mouvance politique qui entendait fonder son action sur une base excIusivement religieuse ou du moins qui usait de vocables religieux ades fins ouvertement politiques128 After decades of single party rule the start of the 1990s saw the foundation of political parties some of whom had the creation of an Islamic society as their decIared aim The most successful and best organised of these was the Islamic Salvation Front (Front Islamique du Salut FIS or al-jabha al-isldmiyya li l-inqddh) Although the pious endowment is certainly a genuinely Islamic institution with a rich history the available programmes and literature of the FIS contain surprisingly little discussion of the ahMs The Islamic pious endowments are mentioned only in connection with the states legal

129 resources

Although the agenda of the FIS neglects the endowments the Algerian state has attempted to put the ahMs onto a new legal footing

27thsince 1991 Act 91-10 of April sets the general regulations applying to the administration organisation and protection of pious endowments 130 Islamic law provides the foundation of a11 the articIes of the Act (Art 2 yarjiu ild ahkaumlm ash-sharfa al-isldmiyya)l3l the state oversees that the endowers will is respected and carried out Art 5 tasharu ad-dawla ald ihtirdm irddat al-wdqifwa tanfidhahd) 1 2 In addition to public endowments there are also private endowments (Art 6) The pious endowrnent is etemal and inalienable and exchange of endowments is possible only under strictly defined conditions (Art 23 24 27) The ahMs that were nationalised in the course of the agrarian revolution are to be refunded and if possible retumed to the original beneficiary (Art 38) The institution charged with administering the pious endowments has the right to supervise private endowments (Art 47) On account of the charitable nature of the ahMs they are exempt from a11 taxation (Art 44) More regulations applying to the ahMs were passed in the course of 1991 and a decree

128 M Al-Ahnaf B Botiveau and F Fngosi 1991 p 101 129 See ibid p 186 130 JORA No 21 1991 23 Shawwaumll 1411 pp 690-693 (Arabic version) 08051991 pp 573-576 (French version) 131 JORA No 21 199123 Shawwaumll1411 p 690 (Arabicversion) 0805 1991 p 573 (French version) 132 JORA No 21 199123 Shawwaumll1411 p 690 (Arabic version) 08051991 p 574 (French version)

~-

5ome AJpeas ofthe Transformation ofthe lslomicPious Endowments

regulated the construction administration and respansibilities of mosques1 33 Independent of whether the mosque founder is astate or private organisation or a private person the mosque itself is a1ways a public pious endowment (Art 2) As a House of God it belongs to noshyone but comes solely under the jurisdiction of the state which is responsible far guaranteeing the mosques freedom to carry out its spiritual social and educational duties The ministry for religious affairs nominates the imams (Art 12) According to the decree which applies to a11 those working in the field of religious affairs the ahbds inspector is not only responsible for the supervision of the maintenance of the pious endowrnents the book-keeping etc but is also charged with encouraging the population to found and support endowments (Art 24) 134 A decree in the year 2000 regulated the central administration and organisation of the ministry for religious affairs and pious endowrnents l3S

The state repeatedly took steps to regulate religious aspects of public life in the following years A decree in 1992 detailed the training required for employment in the Islamic infrastructure136 the Quranic schools were reformed in 1994137 and the duties of the Supreme Islamic Council were defined in a decree in 1998 I38 The Supreme Council serves as an advisory body for the president of the republic in all religious matters and its chief responsibility is dencourager et de promouvoir leffort de reflexion Iijtihad en mettant lIslam a Iabri des rivalites politiques 139 Apart from references to the Muslim identityof Algeria and the establishment of Islam as the state religion the current constitution of Algeria dating from 1996 explicitly protects the pious endowrnents in ArticIe 52

133 JORA No 16 1991 25 Ramadan 1411 pp 535-543 (Arabic version) 10041991 pp 443-449 (French version) 134 JORA No 20 1991 25 Shawwaumll 1411 pp 659-667 (Arabic version) 01051991 pp 548-554 (French version) 135 JORA No 38 2000 29 Rabi al-Awwal 1421 pp 13-17 (Arabic version) 02072000 pp 9-11 (French version) 136 See AAN 1992 pp 700-701 137 See AAN 1994 p 507 138 See AAN 1998 p 165 139 AAN 1998 p 165

3~

FrtJ11z KogelmtJ11n

Les biens wakf et les fondations sont reconnus leur destination est protegee par la loi 140

After the state had clearly lost control of the religious debate during the 1980s the ci vii war-like circumstances made action necessary and the government made attempts to regain the initiative in the 1990s It placed the Islamic educational system the personnei administration and construction of mosques the exploitation of pious endowments the publication and distribution of religious writings etc all under the control of the ministry for religious affairs and pious endowments Various offices within the ministry controlled different aspects ofthe religious infrastructure and the state tried to take control of religious content through them The ministry serves as the battery for the dissemination of a state-sanctioned Islam

Morocco

44 years of colonial rule brought fundamental changes to the institution of pious endowments in Morocco The newly-formed ministry for pious endowments subjected the ahMs to a centralised bureaucracy and endowment property was administered according to essentially commercial principles During the protectorate the minister for pious endowments together with the Grand Vizier and the justice minister formed the central makhzan and despite Moroccan nationalists cntlcIsms of administrative practice within the endowment system in the 1930s the new sovereign Moroccan government took over unchanged the administrative structures set up by the French in their own bureaucratic tradition The law even extended the sphere of influence and responsibility of the ahMs ministry in 1957 The administration of pious endowrnents in the previously Spanish-dominated north was also placed under the control of the ministry for pious endowments as was the responsibility for mosque personnei previously in the domain ofthe justice ministry141 Soucieux doperer un renouveau dans Iesprit islamique une vivification de la pensee et de la foi et un reveil de la conscience musulmane142 King Hassan TI created a ministry for religious affairs immediately after his ascension to the throne and this merged with the

140 AAN 1996p 451 141 See M EI Mabkhout 1980 p 51 142 AAN 1962 p 762

~~

Some Aspects ofthe Transjomzation ofthe Islamic Pious Endo1V17Zents

ahMs ministry to become the mmlstry for pious endowments and Islamic affairs (wizdrat al-awqdf wash-shuim al-isldmiyya) in 1965143 Later cultural affairs were also included in the ahbds ministers portfolio if only for a short time (1972-1974)144

In 1976 an internal restructuring took place145 Since then the ministry has had two complementary departments each covering the material and the spiritual responsibilities respectively The Directorate of Islamic Affairs primarily responsible for the maintenance and cultivation ofthe faith is concerned with all spiritual aspects of religious practice Apart from spreading the Islamic faith both at horne and abroad its mandate ranges from the selection of competent imams via the organisation of the pilgrimage to Mecca to the publication of religious tracts The administration of the ahbds is separate from these responsibilities and is taken care of by the department that oversees among other things the construction and mainteriance of mosques in Morocco As far as the realisation of the value of the endowments is concerned the law is unambiguous recourir aux procedes les plus modernes et aux moyens les plus efficaces de nature arentabiliser le partimoine habous et participer ala realisation des projets de developpement economique et sociale elabore par le gouvernement 146

Unlike other Muslim states which took decisive steps to abolish private endowments after regaining independence the Moroccan government feit the need to implement regulatory measures only in 1977147 These were the first steps taken in the field of pious endowments since the 1920s If a case can be made for the public interest or the interest of the beneficiary the ahMs ministry may become active and dissolve a private endowment and a third of the value of a liquidated endowrnent goes to the ministry However it is uncertain to what degree the ministry has exercised this right just as it is uncertain how many such private endowrnents exist in Morocco

143 See M EI Mabkhout 1980 p 51 Ch Souriau 1980 p 348 144 See M EI Mabkhout 1980 p 51 145 See ibid pp 52-56 146 Article 6 ofthe Dahir of 12041976 quoted in M EI Mabkhout 1980 p 55 147 See Ch Souriau 1980 pp 356-357 M EI Mabkhout 1980 pp 43-47

~~O

Franz Kogelmann

As in other Muslim countries Islamist movements grew up in Morocco from the 1980s onwards Whereas the ahMs ministry selected and paid the imams in state mosques so-called free imams found their platforms in private mosques148 These mosques were founded by private individuals as endowments and as such fell outside the control of the ahMs ministry but the threatened dissolution of such mosques made possible by the new law was naturally a powerful instrument for quelling non-conformist religious tendencies The laws intention is c1ear it attempts to exercise a maximum degree of control over all areas of religious life

A further example of this tendency is the incorporation of traditional Quranic schools into the official educational system by means ofthe so-called operation ecoles coraniques149 Attendance at these schools was intended to be compulsory for all regardless of social background However responsibility for these pre-primary schools did not lie with the ministry for piousendowments and Islamic affairs and the situation was similar with the curriculum for religious education in state schools The Moroccan educational system does indeed place a high value on religious education 150 - it is a central component of the curriculum - but the ministry for education is responsible for deciding what is taught As a result the ahMs ministry has only a limited influence on the religious education of Moroccan schoolchildren The 1400 schoolchildren who attended the model Quranic schools run by the ahMs ministry in the school year 1977_78151 is a minimal number compared to the 447000 who went to the education ministrys Quranic schools152

The situation was similar with other educational establishments in the same period of time (1977-78) the ahMs ministry ran just 39 centres deducation religieuse attended by just over 1600 pupils 153

The ahbds ministry drew the financial means for its various activities from the pious endowments The legal reforms already

148 See M Tosy and B Etienne 1986 p 15 note 25 p 29 notes 67 70 149 See AAN 1969 p 285 U Mehlem 1989 pp 103-111 150 See M EI Manar Laalami 1986 pp 121-160 U Mehlem 1989 p 60 AAN 1966 p 328 151 See B Etienne and M Tozy 1980 p 238 152 See A Baina 1981 Vol 1 p 298 153 See B Etienne and M Tozy 1980 p 238

3~1

Some Aspects ofthe Transformation ofthe Islomic PiOlS Enoowments

carried out under French rule enabled endowed property to be traded on the open market according to c1early defined conditions and apart from the construction of mosques the endowrnent ministry is active in the property sector in many ways154 In built-up areas it is actively involved in urban development and in rural areas it administrates ca 85000 ha of agricultural land (1978)155 While the ministrys intensive activities in the property sector have drawn criticism and the pious endowments ne garderaient pas plus daura dans ce domaine quune agence immobiliere 156 the agriculturally fertile lands have in the past drawn covetous glances from many sides

Several years before the government in neighbouring A1geria had proclaimed the agrarian revolution the Moroccan National Union of Students (Union nationale des Etudiants marocains UNEM) supported by the Socialist Party (Union nationale des Forces populaires UNFP) and the Moroccan Communist Party (pCM) had demanded among other things the re-distribution of endowment lands among needy farmers 157 This demand was also on the agenda of the Mouvement populaire a party with strong roots in rural areas

in the 1960s158 Almost simultaneously with the beginning of the A1gerian agrarian revolution King Hassan 11 proclaimed the Moroccan revolution agraire which was intended to lead to the nationalisation of a large proportion of endowment lands and their subsequent transfer to the needy159 These plans however have never been realised Of the 45000 ha ahMs lands earmarked for reshydistribution between 1973 and 1977 not a single plot has actually changed hands160

The demand that endowment lands be included in some kind of agrarian reform has proved enduring in 1980 the successor to the communist party the Parti du Progres et du Socialisme (pPS) drew up a bill 161 that aimed to place all ahMs lands over 10 ha - ci

154 See M Jibril 1984 155 See eh Souriau 1980 p 356 156 M Jibri11984 p 42 157 See AAN 1965 pp 249-250 158 See J Waterbury 1970 p 244 159 AAN 1972 pp 402-403 160 See L EI Amili 1980 pp 580-582 161 See PPS 1980 pp 621-635

$~z

Frt17lz Kngelmt17l11

lexception des terres habous destinees au financement des foundations ou dactivites religieuses ou sociales162 - in an agrarian fund However the idea is not the monopoly of leftist parties it surfaces regularly in the proclamations of the Istiqlal Party which developed out of the independence movement 163 But the party does not just restrict itself to suggesting that ahMs lands should be included in an agrarian reform on account of its roots in the traditions of the Islamic Salafiyya reform movement it makes recommendations of a fundamental nature regarding what should be the social responsibilities of the ministry for pious endowments and Islamic affairs 164

Conclusion

At the end of the period of European colonial rule the pious endowment systems in Algeria Morocco and Egypt were different from one another and certain national characteristics can be discerned during their continued development under sovereign Muslim rule Jamal Abd an-Nasirs regime implemented fundamental reforms of pious endowrnents in Egypt but in Algeria efforts to draw a line under the French colonial powers reforms of the ahMs and to take a new course were - with the significant exception of the fact that Muslims were now making the decisions - not completely successful The situation in Morocco was different again Here the independent government took over the changes made to the pious endowment system under the French protectorate virtually unchanged In contrast to Egypt private endowments played a very minor role in Morocco and a further difference from bOth Egypt and Algeria was in the inclusion of pious endowments in agrarian reform projects while Egyptian and Algerian rulers - during their revolutionary phases at least - made various attempts to re-distribute property little has changed in tbis respect in Morocco until the present day

162 PPS 1980 p 623 163 See Parti de lIstiqlal Reponse au memoire etabli par SM le Roi le 20 Avril 1965 n p 28041965 p 19 Position paper from the 10th Annual Conference of the Istiqlaumll Party np nd p 44 164 See reconunendations by the Istiqlaumll Party regarding the ahMs etc AAN 1982 pp 613-615

1( l Some Apects ofthe Transjormaiol1 ofthe 1samic Pious El1d1Jwments

Despite these principally structural differences there is however a range of similarities to be observed in the development of the Islamic pious endowment systems in the three countries in question Despite the differences between their political systems the governments of modern Egypt Morocco and Algeria each aimed to secure a monopoly position in religious matters The state tried to control and regulate if not directly suppress previously autonomous aspects of religion which had been made feasible by pious endowments among other things The centralised pious endowment administration or the ministry created for this purpose was given - in addition to the responsibility for safeguarding the religious infrastructure - the task of propagating a state-sanctioned form of Islam and the pious endowments were intended to provide the means for achieving tbis goal The endowers original stipulation - to be seen in the same lights as a prescription of divine law according to traditional understanding (shart al-waqif ka-nass ash-shari1 - played only a secondary role In a similar way the contemporary states have modified the inalienable and eternal nature of pious endowments and made them subject to the open market Here however the state was able to make use of legal possibilities that were already part of Islamic legal practice or had been common usage for some time

The nationalisation of the Islamic pious endowrnent systems placed the ulama in a position of severe dependency but in so far as the current state of research permits conclusions to be drawn the ulama s reactions to these developments have thus far been far from homologous Their attitude towards state-Ied reform measures has naturally been heavily dependent on the degree to which they have been actively involved in their design and implementation This is made clear in the case of Egypt Reformist ulama supported the states amendments to the pious endowment system after the coup by the Free Officers ulama who had thus far benefited from the awqaf tried in vain to protect their sinecures by legal means The situation in Algeria was different again Ulama who had worked for the colonial rulers were unsuited to taking over responsible roles in the independent Algeria and Islamic scholars who had been actively involved in shaping the sovereign state were only partially able to assert themse~ves in the face of other interest groups The Algerian state itself tolerated only a very limited amount of public criticism

6it Franz Kogelmann

The OppositIOn who expressed their displeasure at the agrarian revolution through religious arguments were less disturbed by possible misuses of pious endowments and more concemed to fend off the threatened loss of their property Political parties in Morocco criticize the existing Islamic endowment system Points of view expressed by representatives of leftist ideological movements focus on the one hand on an increase of importance of endowments in the social sphere and on the other on the inclusion of the ahMs in agrarian reforrns yet to be realised Representatives of the IstiqlaumlI Party and its founder Allaumll al-Faumlsi hero ofthe independence struggle and traditionally trained Islamic scholar also raised this demand However by making suggestions for improvements in the ahMs ministry the Istiqlaumll Party involves itself more deeply in religious matters and this in Morocco with its religiousIy legitimated ruIer can be interpreted as a criticism ofthe existing political system

Islamist groups are active to different degrees in Egypt Algeria and Morocco The result of the investigations so far appear to show that these groups have not yet discovered the possibilities offered by the institution of Islamic pious endowrnents for themselves and their goals despite their continued emphasis on the importance of Islamic traditions for the present and future of Muslims Reforms of pious endowments have thus far been implemented only by the state with the objective of containing Islamist movements

~s-

Some Aspects ojthe TransjormCltion ojthe Islamic PiOIlS Endowments

Refecences

1 Abdi N (1975) La refonne agraire en Algene Maghreb-Machrek 69 33-41

2 Abdul-Tawab A-R and A Raymond (1978) La waqfiyya de Mustafauml Gafar Annales Islamologiques 14 177-193

3 Abu Zahra M (1959) Muhadarat fi l-waq[ al-Qaumlhira Matbaa Ahmad All Mukhlmar

4 Afifi M (1991) al-awqaj wa l-hayiit al-iqtisadiyya fi misr fi 1- asr alshyuthmanf al-Qaumlhira Mataumlbi al-haia al-masriyya al-aumlmma lil-kitaumlb

5 Ageron Ch-R (1979) Histoire de lAlgene contemporaine tome ll De I insurection de 1871 au declenchement de la guerre de liberation (1954) Paris Presses Universitaires de France

6 AI-Ahnaf M B Botiveau and F Fregosi (1991) LAlgene par ses islamistes Paris Karthala

7 Ainouche A (1987) L administration jran9aise et [organisation officielle du culte musulman en Algerie coloniale (1830-1907) Contribution a une etude des rapports Islam et politique en Algene Unpublished PhD thesis Universite d Aix-Marseille m

8 Aly Pacha M (1927a) Le Wakf Est-il une institution religieuse Les consequences de wakfs ahli sur linteret general les motifs de ces wakfs L Egypte contemporaine 18 101385-402

9 Aly Pacha M (1927b) Le probleme du wakf L Egypte contemporaine 18 102501-524

10El Amili L (1980) Bilan de la reforme agraire au Maroc in Colloque agraire du PPS (22 novembre 1980) Le PPS et la question agraire Contribution aun debat Rabat Edition Al Bayane 567-613

11Amln M M (1980) Al-awqaj wa l-hayat al-ijtima iyya fi misr 1250shy1517 m 648-923 h Dirasa tarfkhiyya watM iqiyya al-Qaumlhira Dar anshynahda al-arabiyya bil-Qaumlhira

12Anderson JN D (1952) Recent Developments in Sharia Law IX The WaqfSystem TheMuslim World 42 4 257-276

13 Anonymous (1971) Habous et ministeres des habous en Afrique du Nord depuis les independances Maghreb Bulletin 48 39-44

14Aumerat (1899 1900) Le bureau de bienfaisance musulman Revue Africaine 43 182-203 4460-78

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Franz ampgemann

15 Baer G (1997) The Waqf as a Prop for the Social System (SixteenthshyTwentieth Centuries) Islamic Law anti Society 4 3 264-97

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17Baina A (1981) Le systeme de lenseignement au Maroc Tome 1 Les instruments ideologiques - le fonctionnement interne Tome 2 L encadrement humain et materie Tome 3 La reforme - les annexes Casablanca Editions Maghrebines

18Balmuqqadam R (1993) AwqafMaknas fi ahd Maulai Isma il (m 1672shy1727 h 1082-1139) al-Muhammadiyya Matba aFidaumlla

19 Barbar K and G Kepel (1982) Les WaqfS dans IEgypte Contemporaine Le Caire Centre dEtudes et de Documentation Econornique Juridique et Sociale

20Berger M (1970) Islam in Egypt Today Social anti Political Aspects of Popular Religion Cambridge Cambridge University Press

21 Bilici F -H (ed) (1994) Le waqfdans le monde musulman contemporain paxe-XX siecles) Fonctions sociales economiques et politiques Actes de la Table Ronde dIstanbul 13-14 novembre 1992 Istanbul ASamp64 Ltd

22Bilici F (1993) Sociabilite et expression politiques islamistes en Turquie les nouveaux vakifs Revue fran~aise de science politique 43 412-434

23 Bomnans M (1972) Le laquoMinistere de lEnseignement Originel et des Affaires Religieusesraquo en Algerie et son activite culturelle Oriente Moderno 52 467-481

24 Busson de Janssens G (1952) Le sort des habous publics algeriens Penant Revue de droit des pays dAfrique 62 1-29

25 Busson de Janssens G (195111953) Les Wakfs dans lIslam contemporain Revue des etudes islamiques 195-72 21 43-76

26 Busson de Janssens G (1951) Lindependance du culte musulman en Algerie Revue juridique et politique de I Union Fran~aise 5 304-339

27 Busson de J ans sens G (1948) La separation du culte musulman et de lEtat en Algerie Revue des etudes islamiques 16 13-24

28 Cahen C (1961) Reflexion sur le Waqf ancien Studia Islamica 14 37-56

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Some Aspem ofthe T ramjormafion ofthe Isomic PiollS EndawmenlS

29Cannon B D (1995) Habous marginaux presahariens Un processus de lrucisation spontanee en Algerie coloniale 1860-1870 in R Deguilhem (ed) Le Waqf dans lespace islamique Outil de pouvoir socio-politique Damas Alef-Ba-Sidawi 243-257

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$tp Pranz Kogelmann

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79 Mehlem U (1989) Der Kampf um die Sprache - Die Arabisierungspolitik im marokkanischen Bildungswesen (1956-1980) Saarbruumlcken Verlag breitenbach Publishers

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82Mercier M (1927) Etude dur le waqf abadhite et ses applications au Mzab Alger Jules Carbonel

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~qgt Some Aspects ojthe Transformation oj[helJlomic PiousEndowments

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copy Kuwait AwgafPublic Foundation 2004

National Library of Kuwait Cataloging In Publieation Degulihem Randi

Les fondations pieuses (wagt) en Mediterranee enjeux de soeuumlte enjeux de pouvoir Coordonne par Randi Deguilhem Abdelhamid Henia _ Koweuuml Fondation Publigue des Awgaf du Koweit 2004 p 17x24 em ISBN 99906-36-40-0

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SOMMAIRE

Note de Nditeur 7

Randi DEGUILHEMAbdelhamid HENIA Presentation 9

1- LE WAQF COMME VECfEUR DES STRATEGIES DACfEURS 15

1 Nacereddine SAlDOUNI Les liens de IAlgerie ottomane avee les lieux saints de lIslam a travers le role de la fondation du waqfdu Haramayn 17

2 Tal SHUVAL Le dynamisme du wagf dAlger au XVIIIe siede 65

3 Isabelle GRANGAUD Les dotations de la mosguee Sidi al-Kittani (Constantine au XVIIIe siede) 79

4 Sabine MOHASSEB SALIBA Wagf et geranee familiale au Mont Liban a travers lhistoire du eouvent maronite de Mar Challita Mougbes (XVIIe-XIXe siedes) 99

20th5 Souad SLIM Problems of Wagf in the Century in Lebanon 131

6 Lei1a BLILI-TEMIME Habous et strategie de pouvoir dans la Tunisie husaynite 18e - 20e siedes 157

7 Zakia Belhachmi Revealing al-Wagf as a Systemie Cultural Poliey Of Govemanee 173

SOMMAIRE









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46









g





47




~~

Pranz Kogelmann


Aigeria




~~-







J 51

Pranz Kogelmann







l~









~~O

Fronz Kogelmonn






~


Morocco





66

gt( t

Franz Kogelmann




~3






~

Franz Kogelmann







~~5









~Glt

Pranz Kogelmann



Egypt




Sb---






~t

Pranz Kogelmann




~~















Algeria








3)l







gtN Franz Kogeimann






l~r







Z~

Pranz Kogemann


129 resources




~-





3~

FrtJ11z KogelmtJ11n



Morocco



~~






~~O

Franz Kogelmann






3~1







$~z



Conclusion






6it Franz Kogelmann



~s-


Refecences















~~G

Franz ampgemann















6~f-














$tp Pranz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann



























~~

Pranz Kogelmann


Aigeria




~~-







J 51

Pranz Kogelmann







l~









~~O

Fronz Kogelmonn






~


Morocco





66

gt( t

Franz Kogelmann




~3






~

Franz Kogelmann







~~5









~Glt

Pranz Kogelmann



Egypt




Sb---






~t

Pranz Kogelmann




~~















Algeria








3)l







gtN Franz Kogeimann






l~r







Z~

Pranz Kogemann


129 resources




~-





3~

FrtJ11z KogelmtJ11n



Morocco



~~






~~O

Franz Kogelmann






3~1







$~z



Conclusion






6it Franz Kogelmann



~s-


Refecences















~~G

Franz ampgemann















6~f-














$tp Pranz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann



























J 51

Pranz Kogelmann







l~









~~O

Fronz Kogelmonn






~


Morocco





66

gt( t

Franz Kogelmann




~3






~

Franz Kogelmann







~~5









~Glt

Pranz Kogelmann



Egypt




Sb---






~t

Pranz Kogelmann




~~















Algeria








3)l







gtN Franz Kogeimann






l~r







Z~

Pranz Kogemann


129 resources




~-





3~

FrtJ11z KogelmtJ11n



Morocco



~~






~~O

Franz Kogelmann






3~1







$~z



Conclusion






6it Franz Kogelmann



~s-


Refecences















~~G

Franz ampgemann















6~f-














$tp Pranz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann



























~~O

Fronz Kogelmonn






~


Morocco





66

gt( t

Franz Kogelmann




~3






~

Franz Kogelmann







~~5









~Glt

Pranz Kogelmann



Egypt




Sb---






~t

Pranz Kogelmann




~~















Algeria








3)l







gtN Franz Kogeimann






l~r







Z~

Pranz Kogemann


129 resources




~-





3~

FrtJ11z KogelmtJ11n



Morocco



~~






~~O

Franz Kogelmann






3~1







$~z



Conclusion






6it Franz Kogelmann



~s-


Refecences















~~G

Franz ampgemann















6~f-














$tp Pranz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann



























gt( t

Franz Kogelmann




~3






~

Franz Kogelmann







~~5









~Glt

Pranz Kogelmann



Egypt




Sb---






~t

Pranz Kogelmann




~~















Algeria








3)l







gtN Franz Kogeimann






l~r







Z~

Pranz Kogemann


129 resources




~-





3~

FrtJ11z KogelmtJ11n



Morocco



~~






~~O

Franz Kogelmann






3~1







$~z



Conclusion






6it Franz Kogelmann



~s-


Refecences















~~G

Franz ampgemann















6~f-














$tp Pranz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann



























~

Franz Kogelmann







~~5









~Glt

Pranz Kogelmann



Egypt




Sb---






~t

Pranz Kogelmann




~~















Algeria








3)l







gtN Franz Kogeimann






l~r







Z~

Pranz Kogemann


129 resources




~-





3~

FrtJ11z KogelmtJ11n



Morocco



~~






~~O

Franz Kogelmann






3~1







$~z



Conclusion






6it Franz Kogelmann



~s-


Refecences















~~G

Franz ampgemann















6~f-














$tp Pranz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann



























~Glt

Pranz Kogelmann



Egypt




Sb---






~t

Pranz Kogelmann




~~















Algeria








3)l







gtN Franz Kogeimann






l~r







Z~

Pranz Kogemann


129 resources




~-





3~

FrtJ11z KogelmtJ11n



Morocco



~~






~~O

Franz Kogelmann






3~1







$~z



Conclusion






6it Franz Kogelmann



~s-


Refecences















~~G

Franz ampgemann















6~f-














$tp Pranz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann



























~t

Pranz Kogelmann




~~















Algeria








3)l







gtN Franz Kogeimann






l~r







Z~

Pranz Kogemann


129 resources




~-





3~

FrtJ11z KogelmtJ11n



Morocco



~~






~~O

Franz Kogelmann






3~1







$~z



Conclusion






6it Franz Kogelmann



~s-


Refecences















~~G

Franz ampgemann















6~f-














$tp Pranz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann




































Algeria








3)l







gtN Franz Kogeimann






l~r







Z~

Pranz Kogemann


129 resources




~-





3~

FrtJ11z KogelmtJ11n



Morocco



~~






~~O

Franz Kogelmann






3~1







$~z



Conclusion






6it Franz Kogelmann



~s-


Refecences















~~G

Franz ampgemann















6~f-














$tp Pranz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann
































3)l







gtN Franz Kogeimann






l~r







Z~

Pranz Kogemann


129 resources




~-





3~

FrtJ11z KogelmtJ11n



Morocco



~~






~~O

Franz Kogelmann






3~1







$~z



Conclusion






6it Franz Kogelmann



~s-


Refecences















~~G

Franz ampgemann















6~f-














$tp Pranz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann



























gtN Franz Kogeimann






l~r







Z~

Pranz Kogemann


129 resources




~-





3~

FrtJ11z KogelmtJ11n



Morocco



~~






~~O

Franz Kogelmann






3~1







$~z



Conclusion






6it Franz Kogelmann



~s-


Refecences















~~G

Franz ampgemann















6~f-














$tp Pranz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann



























Z~

Pranz Kogemann


129 resources




~-





3~

FrtJ11z KogelmtJ11n



Morocco



~~






~~O

Franz Kogelmann






3~1







$~z



Conclusion






6it Franz Kogelmann



~s-


Refecences















~~G

Franz ampgemann















6~f-














$tp Pranz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann



























3~

FrtJ11z KogelmtJ11n



Morocco



~~






~~O

Franz Kogelmann






3~1







$~z



Conclusion






6it Franz Kogelmann



~s-


Refecences















~~G

Franz ampgemann















6~f-














$tp Pranz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann



























~~O

Franz Kogelmann






3~1







$~z



Conclusion






6it Franz Kogelmann



~s-


Refecences















~~G

Franz ampgemann















6~f-














$tp Pranz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann



























$~z



Conclusion






6it Franz Kogelmann



~s-


Refecences















~~G

Franz ampgemann















6~f-














$tp Pranz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann



























6it Franz Kogelmann



~s-


Refecences















~~G

Franz ampgemann















6~f-














$tp Pranz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann



























~~G

Franz ampgemann















6~f-














$tp Pranz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann



























$tp Pranz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann



























3~o

Pranz Kogelmrmn



























~~L Franz Kogelmann



























~~L Franz Kogelmann

























