Theme II : Phases and roles of Islamic Waqf Endowment

We have seen how bequest tradition was started by the Apostle of Allah (PBUH) through his guidance, enticing us into lasting charity, by granting Waqf Endowments himself and by stressing Waqf on special occasions. He, himself, advised Omar to bequest his land in Khaibar, and incited the bequest of Bi'r Ruma that Othman bought and bequeathed. He drew people's attention to a number of situations requiring charity and advised for care and bequests in their favour. He said: "The deeds and benefaction that believers benefit from in the hereafter are: a body of knowledge he transmitted and published, a good son he left, a holy book he left for inheritance, a mosque he built, a house he built for the homeless, a river he made flow, or a charity he gave away from his own money while he was healthy and alive. All these good deeds will benefit him in the hereafter".(32)

Imam Sayouti composed some verses about the content of this Hadith:

When a human being dies, only ten deeds will work for him in the hereafter

Knowledge he published, a son praying for him, a palm tree he planted and a lasting charity

Leaving a holy book for inheritance and protecting an inlet, as well as digging a well and making a river flow;

A house for the homeless built for shelter or building a mosque for worship and

Teaching the Koran; and all these are from different Hadith sayings.

Thus, the Companions started making bequests from their own and best property, competing for good deeds. The Companions devoted their Waqf endowment mainly to two different but complementary areas. The first area was providing the necessary needs for the poor classes in society, such as feeding the poor, beggars, orphans, the homeless, and freeing slaves… The second area concerned the children and relatives of the donors. The holy Koran, encouraged sponsoring and giving both classes in many verses: Allah Almighty  says: "Give the kinsman his due, as well as the poor and the wayfarer”(33); "And serve Allah. Ascribe no thing as partner unto Him. (Show) kindness unto parents, and unto near kindred, and orphans, and the needy, and unto the neighbor who is of kin (unto you) and the neighbor who is not of a kin, and the fellow-traveler and the wayfarer and (the slaves) whom your right hands possess.”(34)

As a consequence of this, two kinds of Waqf Endowment emerged : general Waqf, meant for all Muslims, even if it concerns only a category of them, such as the ill  and orphans, and private Waqf. The latter is addressed mainly to relatives and offsprings. The first kind is called "Charity Waqf", and the second is termed "Family or Offspring Waqf". In Morocco it is called "Succession Waqf". After the end of the Companions' era, the number of Waqf endowments increased, developed and diversified, in response to the expansion and diversification of the needs Islamic societies witnessed. Waqf endowment, then, became a primary source of funding for social services such as building and maintaining mosques, education, health care, food, water, saving slaves, bankrupts, and wayfarers. Waqf began to fill in many big gaps that are normally dealt with by governments, such as military equipment, supporting holy fighters and their families, paying for the liberation of prisoners, and building fortresses.

In parallel with the qualitative and quantitative growth of Waqf endowment, there was a growth in terms of administrative and financial structures of the bequest property. In the same way, there was a growth of the canonical and legislative regulations dealing with Waqf canons, its contentions, management, protection, solutions, as well as controlling and auditing  its revenues and expenditure.

This historical journey of Waqf's development, its role and scope down the ages cannot be exhausted in books. In fact, many books have been written on Waqf; yet, only a little has been said about it.

In spite of all this, there is a need to present a treatise -though modest- on the roles and religious and social functions of Islamic Waqf endowment. I will select examples from the Kingdom of Morocco, being the closest to me. This is partly because of the inability to widen the scope of the study as I said earlier, and partly because the Moroccan situation is so close to the situation  in which the other Islamic countries used to be. Thus, what can be said about Morocco can be said about Andalusia, Tunisia, Egypt, Syria, Saudi Arabia, Iraq, Turkey and Iran...etc.

I will expose features of the roles and functions that Islamic Waqf knew  through three main encompassing  areas: the area of worship rites, the area of science and teaching, and that of social welfare.

Bequest at the service of worship

Worship  in Islam is a school educating and teaching modern, high standard behavior, individually and collectively. The social role of worship - at the level of the neighborhood, the country, the region and the nation- strengthens the nation's sense of unity and belonging. Moreover, worship is in essence a fulfillment of  the duties toward Allah Almighty, the Creator, the Evolver, the Bestower of forms and colors, the  Most Gracious, Most Merciful, in acknowledgement of His Godliness and Majesty. And it is a transcendence of the soul and thought in His presence and before Him, praise be to Him.

For all these reasons, worship, including prayer, fasting, almsgiving, reciting the Koran, pilgrimage and invocation of Allah, were made pillars and foundations in Islam. Its benefits, rewards, urging and incitement became widely well known and understood. Thus, it is not surprising that Muslim believers are engaged in endowment by teaching, encouraging, managing, funding and equipping for it.

In fact, the property bequest devoted to worship in general, and to the mother of worship exercises (prayer) in particular, has been among the most important means of preserving, supporting and facilitating the continuity of such worship, by whose preservation the religion itself is preserved in its essence. In what follows, we present some aspects of this issue.

1. Mosques

Wherever there is Islam, there is a mosque. Building a mosque was the first thing the Apostle of Allah did when he arrived to Al Madina Al Munawwara, and so did all the conquerors, the advocates of Islam, and lay Muslims, whenever they brought their religion to a region, city or village. While the movement of Waqf  Endowment participated in many domains, to varying degrees, it has fully taken care of building mosques, furnishing them and maintaining them. In fact, there are no mosques except the bequeathed ones; and a mosque is by definition bequeathed. This means that all Muslim mosques are Waqf for the sake of Allah.(35)

In Morocco -as it is the case in countries where the light of Islam has reached- mosques were the main Waqf  religious, social and cultural institutions that emerged and remainded stable. Ruqaya Belmqeddem, a researcher, says: "Mosques come in the first place of these institutions. Waqf has been mutually connected with mosques. In fact, mosques are considered the first kind of Waqf in Islam(36). Some historical accounts trace the building of the first mosques in Morocco back to the days of Oqba Ibn Nafii Al Fihri(37). Thus,  "Public Waqf Endowment was known in Morocco when the Muslim conquerors arrived. It increased with the increase of cities and their development; so much so that it was rare to find a neighborhood or street without a one or many mosques. This is especially because individual and group initiatives of benefactors contributed greatly to the increase of the number of mosques, thanks to property gifts such as tenement houses and real estate(38), devoted as Waqf for this purpose.

While there is not enough space for the enumeration of events, details, and names, nor is it appropriate for it, given the great number of mosques, I will invoke two examples of mosques whose names obviously bear a heavy load of significance, pecularity and leadership.

The first example is Al Karawiyin Mosque in Fes. It is a great historical mosque founded by Fatima Bent Cheikh Faqih Abi Abdellah Mohammed Bin Abdellah Al Fihri Al Kayrawani, alias Fatima Oum Al banin. She (May Allah Be Pleased With Her) inherited a big, blessed fortune. Only offering it to Allah Most High and building a mosque out of it could satisfy her. She chose the appropriate land lot herself, and paid from her own money (sixty ounces of  gold).  She also paid for  the cost of building. The building of Al Qarawiyin Mosque started during the blessed month of Ramadan, in 245 H.  She pledged to fast for the sake of Allah during all the time of building the mosque.

The peculiarity of Al Qarawiyin Mosque lies not only in the fact that this virtuous girl built it from her own money, in the fact that it is old  and has lasted up to now, but also in its historical position and cultural, political, scientific and religious roles, which we will expose from another perspective later.

The second example is Al Andalusiyin Mosque in Fes, the younger sibling of Al Qarawiyin Mosque.It was founded by Maryam Al Fihriya, sister of Fatima Al Fihriya, the founder of Al-Qarawiyin Mosque. The mosques are siblings in  that they were built at the same time and in the same city.

The third example is another mosque by another woman, namely Masaouda Al Wazkitia, mother of the Saadi Calif Ahmed Al Mansour Ad-Dhahbi. In 995 H,  She built Bab Doukkala Mosque in Marrakesh, equipped it with a library and devoted bequest for scholarly chairs(39).

These three examples show that participation in Waqf endowment was not limited to men. Women also had an important participation. Moreover, participation came both from the general public and from the royal palace.

Waqf endowment for mosques comprises the land lot, construction and furniture. It also comprises their annexes such as Qoranic schools, libraries, ablution facilities, and sometimes housing for the Imam (prayer guide). It also comprises Waqf whose returns are devoted to management and construction, including wages for caretakers such as the muezzin (prayer caller), the Imam (prayer guide) and the Friday sermon maker.

In the sixth century, the Almohad government devised what is known in Morocco the recitation of the Qur'an (Hizb). In most Moroccan mosques a group reciting two sections (Hizbs) of the Holy Book, the first of which after the morning prayer and the second after the sunset prayer, while during the month of Ramadan, the last recitation is after the mid-afternoon prayer. This was a habit on which a lot of discussion took place among Islamic canonists. Some considered it as a reprehensible heresy following the opinion of Imam Malik, since it was never a practice during the early period of Islam. Others considered it as acceptable and commendable because of its educational benefits. Eventually, it was established and enjoyed great acceptance among from lay people and most of scholars. What promoted to its continuity and regularity was the fact that a number of benefactors created special bequest for people who memorize the Holy Qur'an and read the "Hizb" regularly.

What adds to the integration of the recitation of the Hizb, for the benefit of the Holy Qur'an and for mosques to be frequented, is the bequest copies of the Qur'an in almost every mosque.

2. Other services for the benefit of worship

One of these services, is the bequest meant for the elderly who stay in mosques and regularly participate in prayers. This bequest is meant to help and honor them(40).

At Al Qarawiyin Mosque in Fès some benefactors devoted Waqf endowment for people who would remind people before prayers by saying "Straighten your lines, May Allah Bless you,"(41).

Other Waqfs were devoted to people crossing some towns or villages on their way to pilgrimage(42).

Scientific and educational Waqf endowment

The scientific and educational Waqf activity began within Waqf endowment mosques and their facilities. Most of these facilities contained Qur'anic schools for elementary education and memorization of the Holy Qur'an. Then the idea of libraries annexed to mosques emerged. After that came the idea of bequeathing scholarly chairs in some great mosques, that got its own bequest within the mosque institution.

Later, the scientific movement - with growth, development and specialization- started to get some and independence from the mosque and its main function. Hence appeared the phenomenon of schools some of which became higher scientific institutions (universities).

To take Morocco as an example, it is necessary to start with Al Qarawiyin, an educational and scientific institution (University of Al Qarawiyin). This institution is the oldest example and the greatest representation of the scientific and educational role of Waqf endowment in Morocco. In fact, it is one of the oldest and greatest models in the whole Islamic world.

We saw above that Al Qarawiyin Mosque's construction goes back to the middle of the third century of  Hegira. Dr Abdelhadi Tazi thinks that the Qarawiyin's scholarly activity must have started early,  even started with the inception of the mosque:  "I have the impression that when one enquires about the time when scholarly studies began in Al Qarawiyin, it is as if he enquired about the time when prayers began in this edifice…"(43)

However, the scientific role of Al Qarawiyin emerged in a clear and direct way only in the sixth century of Hegira; so much so that Al Qarawiyin Mosque seems to have taken over and excelled in the role that used to belong to Al Qairawan Mosque in Tunisia which experienced a decline in the fifth century. "It followed that Al Qarawiyin Mosque emerged and became strong and famous…"(44)

In spite of any historical factors or revisions, the Qarawiyin Mosque was, at any rate, the seed that developed and grew to become Al Qarawiyin University. This was due to the bequest fortunes that was devoted to its services. Thus, the bequest devoted to Al Qarawiyin from all parts of Morocco helped increase its revenue, which resulted in an increase of scholarly chairs, and regular students who benefiting from board and scholarships.  Within and around Al Qarawiyin it were founded many schools.

Axpeditiously established and equipped by benefactors and Waqf makers.

The scientific production of Al Qarawiyin University was not confined to in Morocco, but it attracted  learned men , scholars and researchers from the different parts of the Islamic world. More than that, scientific and religious personalities from Europe came to visit it, the most prominent of  whom was Pope Silvester II who studied for a period of time in Al Qarawiyin before he became pope.(45)

One of these figures Bishop André (died in 938 H) who had some arguments or disputes with the learned men  of Al Qarawiyin, in addition to Pastor Nichola Klinar (died in 949 H) who "came to Fes in order to improve his knowledge of the Arabic language, taught by the University scholars."(46)

Also, Jacobs Kolios (died in 1032 H)  took advantage of his stay in Morocco for an official mission, and visited Al Qarawiyin, benefiting from its scholars and its manuscripts.(47)

All this means that the University of Al Qarawiyin was not limited to Islamic religious teaching, but it encompassed all kinds of sciences, depending on the predominant scientific knowledge of each era. Teaching in Al Qarawiyin extended to teachinglinguistics, literature, rhetorics, history, semiotics, geometry, timing and astronomy, philosophy, algebra,  arithmetics, medicine, pharmacy. It even went as far as founding a medical school.(48)

In spite of the fact that Al Qarawiyin -with its diversified specialties, schools and branches- satisfied a wide range of needs in the training of canonists, judges, teachers, sermon makers, civil servants, doctors, and astronomers, it did not remain the only source of knowledge.  Bequest makers built schools in the different Moroccan cities and made bequests to cover teachers’ wages, students’ food and board,  libraries of precious books and any other activity that helped these schools fulfil their goals and preserve their continuity.

In fact, the Almohads era in Morocco (6th and 7th C. H.) knew the appearance of public libraries based on endowment. Chief of these is the library endowed by Sheikh Abu Al Hassan Ash-Shari (died in 649 H), who respect annexed it to his school in the city of Ceuta.(49)

In this matter, historians talk about the Merinids' leadership in encouraging the foundation of schools, their development and the increase of their number in the different parts of their kingdom; so much so that they were created even in small towns and villages. "The Merinids founded schools in ways never known to Morocco before. They devoted bequest for funding for all of them. Such schools are, thus, legal institutions on and Waqf on the other."(50) 

There are other forms of bequest which served science, scientists and scholars. These are meant specifically for students and scholars. They are forms of bequest especially made to encourage scientific research, such as the Waqf made by Moulay Abdellah bnu Mohammed,  son of King Moulay Ismaïl (one of the kings of the Alaouite dynasty in Morocco -12th C. H.). This Waqf is made of a number of big rich orchards whose crop is sold, and the money is divided among two hundred students, with a  proviso in the bequest document stipulating  that married students get one share and a half and  single students get one share …(51)

Among those who benefited from bequest wages is a class of people who were mentioned in a bequest document by King Mohammed bnu Abdellah : “the learned men who read the astrolabe and study arithmetics can have their share from bequest…" Thus, we can see what Moulay Mohammed bin Abdellah used to offer as rewards and encouragement to scholars, either from his own money or from bequest money, for them to do their job in the most proper way(52).

Bequest donations took different forms and their benefit was extended  to all kinds of scientific and educational needs. for many centuries, bequest makers were in charge of what many ministries are bearing now, such as the Ministry of Education, the Ministry of Higher Education and Scientific Research, and the Ministry of Culture…

May Allah Bless the people who make bequests and accept their deeds; for they preserved the nation’s religion, developed its education and culture and built its civilization and glory.

The bequest institution at the service of social welfare

We saw above a number of canonical texts –from the Qur'an and Hadith- that urge for good deeds, benevolence, charity, care for the poor, the needy, the deprived, the orphan and the wayfarer. In the light of these texts and advice, charitable people satisfy the needs of people in their society in general, and those of their Muslim fellows in need in particular. I do not pretend that this has always been satisfactory. Nevertheless, it is true that these people have done a lot for bequest. They excelled and innovated in this field. Here are some of the charitable areas that bequest and bequest makers focused on.

1. Waqf endowment against poverty and need

In all Islamic countries and down the ages, there have been many forms of supporting the needy in society. Group and individual participation as well as government participation of rulers and princes assist this support. Ahmed Baba Tenbekti As-Soudani, one of the outstanding scholars of Mali - who visited a number of Islamic countries- relates that “the Muslim countries he visited in the region of Soudan (today’s West Africa) were characterized by the abundance of food; so much so that you would not find hunger. People would leave what is left of their food and put in on a clean rug near the mosque. The hungry and needy would feed from it…”(53)

This kind of charitable participation that was meant for the poor and wayfarers became regular Waqf and institutions to which the needy go. Some of these institutions can be devoted to housing and feeding wayfarers, while others are devoted to the elderly(54).

Moreover, a number of small mosques and hospices that used to deal with worship, education and holy war used to feed and shelter visitors and passers by. By way of example, “King Yacoub bnu Abdul Lhaq (Merinide dynasty in Morocco) built small mosques in the country side. He devised many Waqf endowments for these mosques in order to feed wayfarers and the needy.” Then An-Naciri, the author of “Al Istiqsa”, says: “ After him, his sons followed suit; they increased the number of scientific schools, small mosques and hospices; and devoted Waqf benefits for all that.” “Zaouia Moutawakkiliya” founded by Abu Inan Al Marini in Fes, was one of these small mosques. It was known as the "House of Guests" alluding to its charitable function.(55)

During the Merinide era, different and sometimes specialized bequest institutions expanded in order to fulfill  the needs of different classes throughout  Morocco. “And all these houses are part of the Waqf invented by the Merinides and devised for the poor and the needy. It was known as "Bequest of the Poor". It is a Waqf with different facets. Rulers participated in Waqf together with many charitable people…”(56)

2. Public facilities of society

Some of the important services that benefactors and bequest makers cared for were: to providing water by digging wells and sources and putting them under bequest, to building water fountains for charity, building water canals in order to transport water from its source to the place of use(57). In sum, “they provided the city with water, ablution places, public baths and other necessities for dwellers. Bequest, bore most of this responsibility, if not all the responsibility sometimes.”(58)

Sheikh Mohammed Mekki Naciri states “that most of Moroccan public baths in cities owe their presence to bequest. The bequest makers of these baths believe that they are centers for Islamic cleanliness. They were built in order for Muslims to clean themselves, and to allow men and women to fulfil their religious duties. That is why their rent as well as the price for washing were very low; for they are linked to religion that requires all Muslims to wash.”(59)

Other public services that Waqf endowment financed were building bridges, town walls, lightening of alleys(60), as well as dedicating land lots to be used as graveyards.

3. Waqf endowments for the sick and the disadvantaged

As it is the case in different charity situations, care for the ill and the disadvantaged or the handicapped, moved from being individual sporadic work to a phase of lasting and well organized scientific institutions.

Thus, bequests started to encompass buildings specially devised for these people. Moreover, they were equipped with the necessary facilities and special endowments, whose revenue was spent regularly on them, were dedicated for this purpose.

The most important and largest institutions are the health care institutions that were known in the east as ‘Bimarestane”, a Farsi word meaning “hospital”. In Morocco the pronunciation of the name was lightened to become ‘Maristane”.

Professor Mohammed Bin Abdel Aziz bin Abdellah believes that “the first ‘bimarestane” that was known in North Africa was the one built by Al Mansour Al Mouwahhidi in Marrakech about a century before the foundation of the city of Cairo.”(61)  

Since the sixth Century of Hegira, hospitals expanded gradually in the different big cities of  Morocco, such as Fes, Meknes, Rabat, Salé, Marrakech, Tangiers and other cities. There were even cities that had many hospitals at the same time. Some special hospitals for the mentally ill also emerged, among which is Sidi Frej Hospital in Fès, which was founded in the seventh century of Hegira. It continued operating until the middle of the twentieth century AD. Another example is M’hammed Al Ghazi Hospital in Rabat which  mentally ill people visited  from all over Morocco seeking cure and recovery. It used to have special endowments specified for this purpose.”(62)

Caring for the ill, including medication and entertainment, reached such an excellent level that  “a salary was allocated to the ill in order to satisfy their needs, and another for the people who nursed them.”(63)

Special bequest dwellings were founded for some categories of people with handicaps or with contagious illnesses that were difficult to cure at the time. “Thus, we find in Fes a place housing people who had leprosy. It had around two hundred rooms. These people had their own Imam and their own leader who collected for them revenues from rent  that were endowed for them and in worship sake of Allah. These bequests  were made by some notables and other people. … These ill people were provided with all necessities, so that all their needs were satisfied.”(64)

“Sidi Abi El Abbass As-Sebti, Waqf meant for the blind and disabled in Marrakech”(65)  Is another case in point. We even found that there were Waqf endowments meant specially for curing certain birds. In fact, in the Waqf of Sidi Frej Hospital in Fes, there was a Waqf endowment devoted to storks in case of a broken leg or any other problem. Rations are given to whoever feed them, cure or dress their wound.”(66)

4. Waqf endowments for marriage and needy married couples

Within this service, you could find in the city of Fes furnished houses under bequest where poor people could organize their weddings and stay for a few days. Some of these houses were waqf endowments for the blind to get married(67). In Marrakech, there was a house devoted to women in conflict with their husbands. They benefited from free room and board until they reconcile with their husbands. For this house, there were many endowments to meet the needs of its maintainance and its interns…(68)

This is merely an overview of the noble roles of Islamic Waqf endowment in serving society, satisfying its needs, developing it. These are glimpses and fragments of some of what has been written about endowments records. I have focused on a specific time and space of the Islamic history and its geographic area.

It is also worth mentioning that the growth, expansion and variation that Islamic Waqf endowment witnessed were paralleled by a growth and expansion in jurisprudence, legal opinion, legislation and in the systems of documentation, archiving, exchange, investment and accounting… These aspects showed a high level of civilization and modernity in Islamic history. In addition to that, the bequest institution, with its religious, scientific, social and political dimensions, was a crucial foundation and lasting resource for Islamic civilization.