Theme III:  Recession and Expansion of Waqf Endowment Movement

Waqf endowment movement between contraction and expansion

Islamic Waqf endowment continued to fulfill its multifaceted functions and duties along the lines that we have seen so far. However, with the passing of time and the succession of different generations of donors, the properties of Waqf such as land, buildings, institutions, and orchards increased. There were times when public Waqf endowment was affected by mismanagement and lack of care, somewhere or other. Some rulers or lay people would abuse in the sense of undeservedly exploiting its benefits for one’s own sake, and appropriating its stocks. However, thank Allah the Most High, He would send knowledgeable people,  judges, princes or supervisors who would put endowment back to its normal course and enforce work in total transparency. It is known that bequest property enjoys a certain spiritual respect among Muslims. Thus, only a despicable criminal who lacks trust and conscience can abuse it. That is why the abuse that used to happen to Waqf has always been resented, resisted and deterred.

In spite of all this, there is no doubt that Waqf movement is generally influenced by the predominant social, religious and political conditions. As a matter of fact, there is no doubt that bequest trend and its areas, have been subject to the same decline, indifference and recession that have inflicted the Islamic World in recent centuries. However, it is logically and historically clear that bequest and its services were less influenced by these disadvantages; for the simple reason that the growth of Waqf and its movement began to operate from inside and outside. Thus, external growth is the new Waqf that joins the stock of Waqf and represents one of its resources. The internal growth is made of yields, investments, exchanges occurring within bequest properties that got bigger and diversified generation after generation as I mentioned above. This spontaneous development, and this self growth or self-sufficiency at least, enable Waqf and its functions to persist in spite of the difficult conditions characterizing the  religious and secular life of society.

However, the great change that happened to the Islamic world starting from the 19th century to the middle of the 20th century, namely the European invasion of most of the Islamic countries, was unprecedented Muslim history. That invasion was civilisational, cultural and economic to the extent that it was military and political.

All this resulted in a new situation whereby the colonial authorities started a policy in many parts of the Islamic world, meant to combat and harass Islamic Waqfs and their strong institutions. It tried to drive them towards disintegration and bankruptcy.

Sheikh Al-Mekki An-Naciri (May Allah Bless him) made an accurate description and deep analysis of the French policy during the protectorate era (1912-1956) against Islamic bequest in the countries that were under the control of the French authorities. His book Islamic Bequest in the Kingdom of Morocco is considered an historic document in this respect. The French policy was based on five criteria:

1. “Squandering anything that bequest can do without. And misusing of its money and property.

2. Exploiting the Muslim poor in the worst manner (i.e., those who used to benefit from bequest property).

3. Removing the Islamic spirit from bequest work and encouraging the system of partiality.

4. Stinginess in all Islamic services that bequest was founded for.

5. Resistance against the king's influence and decrease of its circle as much as possible.”(69)

One of the colonial measures in Morocco, was the transfer of the best Waqf lands to the French colonists. In fact, in 1928, 10.000 hectares of land was transferred, and in 1930 160 lots were transferred while 288 real estate properties were sold. In the same way, bequest buildings were occupied by the colonial administration.  Moreover, big loans from Waqf money were given to the services related to its administration, “and none of these credits were reimbursed.”(70) 

Also, they intentionally left damaged mosques neglected and abandoned, thought these have their own bequest. The colonial administration dealt similarly or more badly with the Islamic schools that were under bequest. “In fact, there exist in many towns and villages of the Kingdom of Morocco many historically famous scientific schools, which have their own bequest, and include houses for the accommodation of scholars. However, the service of “Bequest Control” neglected these schools so completely that most of them were subject to collapse and destruction.”(71) Some of these schools were transferred into annexes and administration run by the French authorities. One of these honorable schools was turned into a barn for animals.(72)

Thus, the French administration excelled in fighting Islamic bequest as well as Islamic culture and Arabic language, examples and explanations of which are too numerous to mention.

What the French did in Morocco was rehearsed in Algeria, Tunisia, Syria and Lebanon, so much so that “ the budget of Tunisian bequests is now totally negative. Lately, the Association of Waqfs was obliged to lay off ninety of its employees, and give up Sadki Hospital, which the association used to run as one of its charitable works, to the government. Thus, in order to meet its expenses, the Association had to recourse to credits. It is now on the verge of bankruptcy"(73), due to French protectorate policy.

It is indeed moral and material bankruptcy that France wanted to realize for Islamic bequest. The rationale behind this was to destroy its influence, civilizational role, together with the independence and moral and material immunity it used to provide.

Waqf endowment in the Islamic world after the colonial period

After the colonial experience and the power it left for its representatives in authority, politics and in the cultural and civilizational sectors, the Islamic state entered –or was driven into- the era of “The New National Government”. This experience inherited a lot from the colonial period in terms of institutions, laws, policies, and aftermath. Among these is its policy against Islamic institutions that were abolished, marginalized or weakend during the colonial period, including the bequest institutions and property which we exposed some of what they suffered. The position, influence and responsibilities of these Islamic institutions were transferred to the new institutions; first to the colonial institutions and then the institutions of the independent government.

Some of these Islamic governments continued following the same policy spontaneously and indifferently, consolidating thereby the same policies, consciously or unconsciously, but without bad intentions. Other governments continued the colonialist policy ‘out of conviction’. The third group of these governments swung back and fourth depending on the change of governments and their policies, or taking into consideration the balance of power in society. Only a few of these governments adopted Waqf endowment and encouraged it.

In general, the “new state” in the Islamic world adopted the policy of control over social life and ascribed all its functions and facilities to the government and its institutions, ranging from administrative and management issues, borders and security to cleaning, dressing for the grave and burying. What reinforced this trend was the emergence of totalitarian system experience and its influence on the Islamic world. This experience allowed the government to interfere in everything, do everything and own everything.

Given their failure and inefficiency, these experiences and types of management, made the bequest sector  continue receding : so much so that it became almost exclusively limited to mosques and what is related to them. Thus the role of society in development, social welfare, cultural activity and educational development also shrank, on the ground that the government was in charge of all this, including budgets and prerogatives.   

Experience has shown today the extent to which there is need to activate the role of the individual and society (NGO, Private and national institutions and organizations) in bearing the responsibilities and contributing in the management of many public matters, facilities and necessities. This is confirmed by both successful and unsuccessful experiences. The former shows this through the positive results of development, solidarity, balance and liveliness in society. Also, it can be shown through the kind of liberties, encouragement of initiatives and the roles given to the different agencies of society and its individuals. The unsuccessful experiences confirm this fact by their inability to grasp the needs of their societies, and by such societies becaming selfish, lazy, egotistical and careless about public services.

Both experiences emphasize the extent to which it is necessary to activate the role of Islamic Waqf endowment to develop it and expand its scopes. In fact, the Waqf endowment movement has begun to recover its liveliness and health, and to resume its cause. The executive and organizational forms of Waqf endowment have begun to adapt themselves to the political and legal conditions of each country. Sometimes it takes the shape the Ministry of Waqf, especially in countries that formally encourage and positively adopt Waqf endowment.  And some other times, they take the form of international and local charitable organizations or associations. They can also be expressed through specific projects, mostly health or educational ones. Waqf can even take the form of firms and investment projects and firms. At any rate, those in charge of such institutions agree on their genuine essence and specific purpose. What is important is that the tendency of beneficence as well as the longing for serving Islam and Muslims stays alive and constantly innovative, looking for appropriate ways and forms according to  circumstances.

The experience of the League of the Muslims of Africa (Direct Aid Association)

Based in Kuwait, the League of the Muslims of Africa, which has lately changed its name to Direct Aid Association, is a charitable organization operating in Africa. It holds a rich and leading experience in the field of rescue and projects of beneficence as well as in educational and cultural projects, its funds and property consist essentially of bequest. This organization defines itself as follows:

A. Nature of the Organization:

1- The League of the Muslims of Africa is a Non-Governmental Organization (NGO) whose headquarters are in Kuwait. It was founded in 1981 by a group of Kuwaiti executives, in order to deepen the cultural and humane relationships with the African continent, which has strong and old links with the Arab countries.

2- The League of the Muslims of Africa specializes in the fields of social development, especially in rural areas, for the benefit of  all people without consideration of tribal, religious or any other affiliation. The League’s work targets the improvement of people in the vital areas through specific projects and services.

3- The League of the Muslims of Africa has no political affiliation and intends to remain so. This has helped it to maintain  very good relationships with all African countries,  where it has 34 regular bureaus according to agreements signed with these countries specifying the scope of the work of the league and the commitments of each party…

B. Scope of work of the Organization:

The organization focuses its activities on the vital fields of social development, in which investment is very weak in most African countries.

• Building mosques and Qur'anic schools

• Education: building and managing rural schools (primary; secondary; high school)

• Helping students by scholarships or payment of their tuition  fees.

• Health: dispensaries, hospitals, health centers, medical caravans, and food campaigns.

• Water: surface and artesian wells.

• Social Welfare: building and running orphanage homes sponsoring of orphans and, caring for the handicapped.

• Women training: training centers, eradication of illiteracy development of, cultural and health awareness.

• Professional Training

• Nutrition

• Rescue missions

C. Sources of financing :

Financing comes from three sources:

• Gifts from individuals, namely from all classes of lay people.

• Gifts from dignitaries, and government and family institutions.

• Private investments in some economic sectors(74).

Direct Aid Association allows for the setting up of multidimentional Waqf endowments is through bonds like those of companies. Thus, any person can participate in the Waqf that he is interested in via one or many bonds. Here are the different Waqf areas and their value in Kuwaiti Dinar. Note that religion advocates and orphans' Waqf is estimated per head:

1. Sheep sacrifice Waqf (300 KD Kuwaiti Dinar))

2. Breaking the fast Waqf (300 KD)

3. Education Waqf (100 KD)

4. Real estate Waqf (100 KD)

5. Orphans Waqf  (1500 KD per head)

6. Advocates' Waqf (3600 KD per head)

7. Lasting charity (10 KD)

8. Islamic Centers Waqf (50 KD)

9. Rescue Missions Waqf  (100 KD)

The president and founder of this association, Dr. Abderrahmane Hammoud Essamit, won King Faiçal International Award for Serving Islam in 1419 H. Its value was two hundred thousand US Dollars ( $200.000). He decided to give the whole sum as an education Waqf endowment for the Association(75).

Below is a In what follows is the summary in numbers of the most important achievements of this Association up to 1998, as they were published in one of its booklets entitled "Journey of the Seven Days".

"With the help of Allah, League of the Muslims of Africa managed to achieve what follows:

- Half a million African students study in its schools;

- Paying the fees for 95.000 African students;

- Translation and publication of 6.5 Million booklets in 18 languages;

- Buying and running the Holy Qur'an radio station in Sierra Leone since 1986;

- Building and running the School of Education in Zanzibar and the School of Shari’a in Kenya.

- Building and running 34 hospitals and more than 100 dispensaries;

- Sponsoring 8500 orphans;

- Digging 2000 artesian wells and hundreds of surface wells;

- Building 1200 mosques;

- Building and running 102 comprehensive centers (school, orphans' house, mosque, house for training women, etc …)

- Building a number of dams in areas of drought.

- Organization of health and ophthalmology camps.

- Granting more than 300 scholarships for postgraduate studies in western countries in the fields of medicine, architecture and sciences.

- Organization of hundreds of Shariite and educational training sessions for religion advocates and instructors..

- Signing a number of agreements with international and western organizations, the most important of which are : a cooperation agreement with the World  Health Organization, and other agreements with UNICEF, the United Nations High Commission for  Refugees, the World Food Program and other organizations.

- Building and running 104 centers of training for needy Muslim women.

- Offering corporate loans without interest for more than 1500 agricultural, and vocational and other projects for needy Muslims.

- Sponsoring 920 pilgrims from Africa, including tribe and community leaders.

Also, here is a specific example of the work of Direct Aid Association that shows  us a small part of its achievements and its operational method. This example is "The Najashi House for the Protection of Orphans" in Ethiopia. It is one of the 121 orphan centers that were established by the organization in different African countries.

"The Najashi House for Orphans"  began its work in 1994 through a beneficent's donation covering the rent of the house for two years. During this period, another beneficent paid for the building of the house and made it as a Waqf for the sake of Allah in favor of orphans. In August 1996, they moved to the new house, that can hold up to ninety orphans who can benefit from room and board, education and health care…

"The Najashi House for Orphans" is a part of the charitable activities and facilities of the Najashi Islamic Center in the city of Nazarit in Ethiopia.  In addition to the house of orphans, this Center  runs a comprehensive mosque, a health center, an elementary school for boys, an elementary school for girls, a secondary school, a house for training women, housing for employees, and the  headquarters of Direct Aid Association(76). 

Experience of Islamic Waqf endowment in the USA

Muslim communities in western countries witnesses an increasing movement for the protection of their religion, identity and culture, and the defense of their rights and status in these societies. This movement started by individual and local small initiatives. Then, these initiatives began to expand and merge. After maturation, they began to organize and then develop into organizations and institutions with different services.  They even founded university institutions, as it is the case in Spain, France, Britain and the United States of America.

These institutions were in dire need of financial support, and full sponsorship for these activities. More specifically they needed for continuous, guaranteed and secure financing. Therefore, the idea of waqf endowment was the solution. As a matter of fact, the migrant Muslims began to use this opportunity benefiting from their religious culture and civilization, and adapting their initiatives to the legal regulations of the host countries where they set up their projects. One these projects, is the European Islamic Waqf registered in Britain as a limited charitable organization, while another was registered under the name of Damane Company(77).

Islamic Waqf endowment of North America

I will expose some of the achievements of this model based on the research undertaken by Dr. Jamal Berzanji in the conference "Towards a Developing Role of Waqf Endowment" organized by the Ministry of Waqf and Islamic Affairs in Kuwait in 1993.

Islamic Waqf endowment of North America was founded and registered legally in the USA in 1971. At the beginning, it had the following missions:

1. Retrieving the property and projects of Muslim Students Union as bequest property, and letting the union undertake the task of advocation.

2. Bequesting the property of mosques and Islamic centers based on the principle of endowment.

3. Providing the necessary money for the union and its activities by means of investments that satisfy its needs and free its officials and active members from fund raising concerns.

Within two decades of its foundation, this Waqf controlled 191 real estate properties whose global value amounts to $70 Million. It also invested the money devoted to mosques, and Islamic schools and centers, which amounted to more than $20 Million. It built a number of schools, and contributed to financing the Muslim Union of North America … In the same way, it provided many services and much expertise to Muslims in their charitable projects, such as legal advice, and the publication of Islamic books, and audio-visual recordings of the Holy Qur'an and different Islamic materials.

The Sar Charitable Institution

It is another Islamic Waqf institution.  Its headquarters are  in the State of Virginia in the USA. It has legally independent local branches in Zimbabwe, the Ivory Coast, Canada, Chile, Egypt, Morocco, Turkey, Malaysia, Russia, in addition to the Sar International in Washington…

It has investments in the sectors of food and agriculture industry, construction, real estate and land development, advanced technology, textiles, medical drugs, trade and so forth.

Some of its charitable work in the first ten years of its existence, are:

1. Creation of a loan and education scholarship fund

2. Sponsoring and supporting the persecuted Islamic minorities persecuted, and helping them to better their conditions.

3. Support of the International Center for Islamic Thought.

4. Cooperation with other charitable institutions in different charity works.

5. Creation of a number of mosques and Islamic centers in a number of countries.(78)