Perpetuity and irrevocability are two essential characteristics of waqf.1 A portion of the income is spent on maintenance or reinvested for promotion and upkeep of the endowment. Another specified portion is used for the purposes restricted by the endowment deed. Traditionally waqf was created by rich Muslims out of their property for exclusively pious purposes, called al-waqf al-khayri (charitable waqf) or charity with upkeep of progeny, called al-waqf al-dhurri (family waqf). Coming to the age of Mamluks and Ottomans, new forms of waqf developed. One such form is called al-irsad or al-Rizaq al-Ihbasiyah defined as certain property belonging to the Public Treasury dedicated to an act of charity or upkeep of specific individuals. It was counted as waqf because the beneficiary had no right to sell it; he could benefit from it only (Afifi 1991, pp. 17-18). A similar waqf was called al-rizaq al-jayshiyah defined as the agriculture land granted by the Sultan to his retired army officials (ibid). These arrangements were always issue of controversy among the
ulama of Mamluk and Ottoman periods. For example, al-Balatunusi
(1984, pp. 174; 178, 180) argues that the imam (ruler) is not the owner of the Public Treasury, so whatever endowments he makes from it, is not coming under rule. Therefore, it would be void. However, he accepts that it is a matter of ijtihad and admits the possibility of the difference of opinions (ibid, p. 177). To him, most of the government awqaf of his time were not in public interest. This is enough to invalidate their
(rulers’) actions (ibid, p. 180). Finally he tries to reconcile between the opinions of supporters and opponents and says that if ruler makes a waqf out of Public Treasury and it is in public interest, like waqf for schools, scholars, worshippers, mosques, inn, etc. for public purpose, then it is permissible (ibid, p. 199). Those who validate government awqaf, they mean only this type of waqfs (ibid, p. 200).
Al-Balatunusi further differentiates between the private owners and the ruler who is custodian of the Public Treasury. Individual private owner has right in his own property to create waqf for private or special group, but the ruler has no such right (ibid, p. 202). The Shari’ah is criterion in this respect to examine his endowment (ibid, p. 207). Al- Balatunusi critically examines various categories of government endowments and in the light of Shari’ah he decrees whether a certain waqf of the ruler is permissible (ibid, pp. 199-264).
Objects of awqaf. With the passage of time, varieties of waqf objects also
increased. From various sources, Afifi notes that in the sixteenth century, endowments comprised slaves, animals, solid estates, gardens, shops, commercial complexes, tools of production, grinding mill, ovens, special bathrooms, public bathrooms, coffee houses, laundries, weaving factories, rice crashing machines, commercial ships and cash and kharaj revenue of specific areas. Especially cash waqf caused a great controversy that we shall deal with it at the end of this chapter. These objects were in addition to waqf of agricultural land that constituted 40 percent of the total agricultural land in Egypt (Afifi, 1991, pp. 143-44).
According to Gibb and Bowen (1965, vol.1, II: 173), the Ottomans introduced two important innovations relating to awqaf. One was prevention of any alienation of land except with the consent of the Sultan or his representatives, …and ‘the second innovation was an attempt to centralize the supervision of awqaf.
Objectives of awqaf. As far objectives of waqfs are concerned, they
included mosques for homeless and travelers, water sources for men and animals, burial ground, roads, bridges, upkeep of widows, divorced, orphans, etc. (al-Tarabulusi, 1902, pp. 71-81, 138). In brief they included every work of piety and welfare. Gibb and Bowen (1969, pp. 167-68)
state: “The objects for which awqaf were founded are almost innumerable. Apart from specifically religious institutions such as mosques and tekkes [takiyahs = sufi-houses], and educational institutions such as medreses [madrasahs = colleges], mekteb [maktabs = school], and libraries, virtually all ‘public works’ such as roads, pavements, bridges, aqueducts, water conduits, and light houses were provided by this private means, as were also such more evidently institutions as hospitals, hostels, houses for widows, kitchens, and laundries. Not was this all. Many awqaf were founded for the supply of money to the needy: dowries for orphan girls, the payment of their debts for imprisoned debtors, the payment of fees for the release of penniless prisoners, and for the inhabitants of particular villages and quarters of towns in the payment of urfi taxes.2 Others were founded for the supply of assistance in kind: clothes for aged villages, food and clothing for school children, rice for birds, food and water for animal. Some awqaf again had as their object the provision of excursions for children in spring-time and burial of the indigent, while some other awqaf were founded in aid of the armed forces: the equipment of soldiers, the financing of the construction and maintenance of fortresses and other fortifications and of ships for the Ottoman fleet.
Christian, Jew and Maji citizens were also allowed to establish endowments for upkeep of their worship places and for welfare purposes (al-Tarabulusi, 1902, pp. 141-42). Based on various Ottoman sijills el- Zawahreh (1991, p. 139) notes that ‘Dhimmis directed their religious awqaf in Damascus Governorate in favour of their holy places, such as that of the Monastery (Dyar) of Saydnaya and that of the Monastery of Tur Sina, and a third waqf shared between these two places.’