All over the vast Islamic world, from the Atlantic to the Pacific, various services that are fundamentally important to society have been financed and maintained through charitable trusts.

Godliness and virtue is not that you turn your faces towards east or west; but godliness and virtue is to believe in God and the Last Day, the angels, the Book, and the Prophets; to spend of your substance out of love for Him for your kin, for orphans, for the needy, for the wayfarer, for those who ask, and for the liberation of slaves; to be steadfast in prayer and practice regular charity; to fulfill the contracts you have made; and to be persevering and patient in hardship and disease, and throughout all periods of stress. Such are the people who are true (in their faith), and those are they who achieved righteousness, piety, and due reverence for God. (Qur’an 2:177)

All cultures and religions instruct their followers to help the poor and leave behind an everlasting source of good deeds (Dallal 2004, 13-43). Originating from a desire to improve others’ well-being, charity is an altruistic behavior (Becker 1974, 1063-1091) of gift exchanges between individuals that encourages social order and stability (Mauss 1950). This essential principle comprises two main categories in Islam: Zakat, obligatory alms for Muslims with a certain level of wealth, and sadaqa, highly recommended voluntary donations, one of the most popular forms of which are philanthropic foundations.

A philanthropic foundation is “a nongovernmental, nonprofit organization, with assets provided by donors and managed by its own officials, and with income expended for socially useful purposes. Foundation, endowment, and charitable trust are terms used interchangeably to designate these organizations, which can be traced far back in history. They existed in the ancient civilizations of the Middle East, Greece, and Rome. Plato’s Academy (c. 387 BC), for example, was established with an endowment that helped to sustain its existence for some 900 years” (Britannica Online Encyclopedia). Considering that the first shrine on Earth, the Ka’bah, was built by Adam, peace be upon him, and was named the House of God (Qur’an 3:96), the earliest example of such foundations was given by the very first person (Akpinar 2004).

Moroccan traveler Ibn Battuta (d.1369) was struck by the dedication of the inhabitants of Damascus to all forms of countless foundations, such as legacies devoted by people who could not travel to Mecca to pay others’ pilgrimage; foundations providing girls from poor backgrounds with all the requirements for their marriage; foundations devoted to purchasing the freedom of Muslim prisoners; others for paying the maintenance of roads, and many more (Ibn Battutah 2006). Once, he saw a young boy drop a porcelain plate, which broke. The passer-bys told the boy to take the pieces to the foundation for utensils. Consequently, the boy got a refund, equal to the value of a new plate. The residents, in their great numbers, also provided endowments for schools, hospitals and mosques. It was a city, Ibn Battuta tells us, where the social spirit was at its optimum.

The word waqf (plural awqaf), means to cause a thing to stop and stand still, to withhold, or to prevent; and the word applies “to endow the property rights of a good [while dedicating its benefits] to the public service perpetually, and to prevent others from obtaining its property rights” (Akgunduz 1996, 77). Awqaf are considered an expression of piety, not because their activities are inherently religious, but because they are governed by a law considered sacred (Kuran 2001, 841-897). In Islamic terminology, waqf is described as the detention of an entity from ownership forever, by considering it as the property of God, while devoting all its possible gifts of income to some charitable purpose for the community (Bilmen 1969, 294).

However defined, waqf institutions stand out as one of the greatest achievements of Islamic civilization. Although this was not a new concept introduced by Islam, the system to allocate, administer, and dispense the usufruct was unique. All over the vast Islamic world, from the Atlantic to the Pacific, various services that are fundamentally important to society have been financed and maintained through awqaf, some of which have even survived for more than a millennium (Cizakca 2000), providing the needy with basic needs such as food, education, and shelter, and improvements like lighthouses, cemeteries, public baths, drinking fountains, mosques, bridges, roads, aqueducts and so on, enhancing peace and harmony (Yalawae and Izah).

The first component of waqf is hayrat, the establishments under waqf property, dedicated to the public; the second is akarat, the revenue resources allocated to facilitate perpetuity (Yediyildiz 1996); the third, waqfiya, is the court-ratified and preserved deeds that specify the uses of income, the beneficiaries, the priorities of expenditure, the people authorized for administration and their powers. The last is the mutawalli (board of directors), responsible for the foundation functioning in accordance with the donors’ intentions, and in charge of maintenance, treasury, administration, and supervision (Baskan 2002). Local characteristics of mutawalli allowed for competition and control, which were keys to efficiency (Kahf).

Once established, the public aims of a waqf become binding, cannot be altered or revoked, even by the founder, and everyone, even the head of state, has to obey these deeds. Eliminating the waqf character of a property entails a complicated process, and is restricted to an exchange of another property of equivalent value and equivalent service to the community, in addition to a local court’s approval. Diverting waqf revenues to other purposes is not within the authority of the waqf administration or a supervisory court. Should a waqf purpose becomes unfeasible, its revenue is spent on the closest purpose available, both conceptually and geographically; and if this is not workable, the benefits go to the needy, which is assumed as the default intent (Kahf).

Some examples

Historical data suggest that foundations were first observed as religious establishments where people worshipped together, followed by other applications in society; some believe that some awqaf were founded by Prophet Abraham, peace be upon him, about 1860 BCE (Dallal 2004, 2). The first waqf in Islam is the Mosque of Quba in Medina, built in 622 AD, upon arrival of God’s Messenger, peace and blessings be upon him, who demonstrated the primary examples of awqaf in Islam. He had first donated seven orchards in Mukhairiq, then his share from date gardens in Fadak and Khaibar, all for charitable purposes (Canan 2004, 275-281).

Following these exemplary actions, his Companions, may God be pleased with them all, and followers have continuously given to many various, worthy causes. For instance, many wells were bought from individuals, and were designated for public service. As Uthman ibn ‘Affan reports, “The Prophet, peace be upon him, arrived in Medina and realized that the city had very little drinking water, except the water of Bi’r Ruma (Ruma Well). He asked, ‘Who will purchase Bi’r Ruma to equally share the water drawn therefrom with his fellow Muslims and shall be rewarded with a better well in the Garden (of Eden)?’ Then I bought it from my own money.”

Another circulated tradition in Bukhari and Muslim, the two most authenticated collections of hadith, refers to what is considered the first Islamic land waqf. Upon his request, Umar ibn al-Khattab is advised by the Prophet, to retain the corpus [of the land] but dedicate its fruits [in the way] of God. Consequently, he dedicated the land, indicating that it should not be sold, given away as a gift, or inherited; and the revenue from the land should be used as charity for the poor, for emancipating slaves, for wanderers, and for other social needs. Later, during Umar’s caliphate, Bilal suggested to divide the conquered villages and take the fifth for the treasury. Umar, however, refused and decided to make them waqf for the sustenance of warriors and for all Muslims (Gil 1998, 125-140).

Having been advised about its benefits, the Prophet’s Companions never stopped putting their wealth in bequests; they did this to such a degree that Jabir, another Companion, said, “Any of the Prophet’s Companions who could afford it made endowments” (Isesco.org). It is remarkable that the Prophet advised one of his Companions, Abu Zarr, who did not have any belongings at all, to ‘add some more water in [his] soup, and offer'” (Muslim, Birr, 142).

Since then, awqaf have been one of the pillars of Islamic society. The establishment of different kinds of awqaf that serve as institutions of social cooperation and solidarity were utilized, which supported an array of activities from scientific movements to the protection of inlets, and they became a financial source for many socioeconomic sectors and for the beneficence of the needy. They were a model for the contemporary nonprofit sector.

To elaborate an illustration of the services offered, awqaf ensured that diverse services were supplied for free (Bakir and Basagaoglu, ishim.net). Awqaf also allowed for huge innovations, such as mobile hospitals, which moved from village to village, as well as emergency teams (Subai 1998). The revenue of certain bequests, which could include shops, mills, caravanserais, or even entire villages, would pay for the maintenance and operating costs, and sometimes would supply a small stipend to the patient upon dismissal (Husain 1992). An example deed states that, “The hospital shall keep all patients until they completely recover. All costs are to be borne by the hospital, whether the people are residents or foreigners, rich or poor, employed or unemployed, physically or mentally ill… There are no conditions of consideration and payment: none is objected to or even indirectly hinted at for non-payment. The entire service is through the magnificence of Allah, the generous one” (Yalawae and Izah).

Motivations behind awqaf

Though the word waqf is not used in the Qur’an, there are many verses that constitute a foundation for its actions, such as “to lend willingly,” “to spend in the cause of God,” “to spend of your substance out of love for Him for your kin, for orphans, for the needy,” “to feed the poor,” “to give for charity,” and especially, “to compete in building hayrat (charitable acts).” Due to the extreme emphasis upon charity within Islam, as an act of devotion to God, foundations have flourished, displaying an exceptional development and performing comprehensive services to society (Canan 2004, 275).

It is stated in a heartening saying of the Prophet Muhammad, peace be upon him, that, “The most auspicious person is the one who is of assistance of others.” Hence, a contribution toward the welfare of the community is considered an act that brings a person closer to God. Another hadith declares that launching an establishment for social gain would be beneficial for the founder, even after death: “Once a son of Adam dies, none of his deeds will be of him except an ongoing charity, a useful knowledge, or a pious child who prays for him.” The ongoing charity here is interpreted as waqf.

The Islamic law of inheritance tends to fragment property into large numbers of small shares, whereas awqaf tends to preserve large amounts of wealth (Dallal 29). Yet, awqaf, whose benefits were confined to family members, were extremely rare. Notably, only 7% of the foundations registered during the 18th century delivered service to the founders’ families. As many as 75% devoted significant resources to serving outside constituencies, and the remaining 18% were strictly charitable awqaf. These figures confirm that sheltering wealth through a waqf was not the normal aim. Philanthropists founding these institutions believed that this world was a temporary residence, and it was necessary to spend one’s earnings for the happiness of other people in order to secure the felicity of the eternal life when returned to God (Yediyildiz 1996).

The waqf body is intended to prevent the temporary possessions of this world from vanishing, by withholding them in the name, and for the sake of, God as a continuous charity. There is no obligation of any kind behind this action stemming from altruistic behavior, but a sense of responsibility towards humanity, a conscientious sense of serving others, and competing in charity; in other words, such values as compassion, mutual assistance, solidarity, the pleasure of comforting a living thing both materially and spiritually, and the free will of a person embracing these values as principles, have been an element of Islamic culture, motivating a person to transform some or all of his or her personal assets into pious foundations to serve society (Yediyildiz).

Seeking proximity to God has been the main rationale of awqaf. In some cases, the founders named awqaf after themselves in the hope of being remembered by (and thus receiving prayers from) upcoming generations – though in general, anonymity is preferred. For instance, it was a common practice for the rich, especially during Ramadan, to pay debts of people in need, without revealing who they were, asking local shopkeepers to calculate the total balance on randomly picked pages of their records of receivable accounts. The overall purpose has been altruism rather than fame, since it is believed that impurity of intention might spoil the dedication of the gift, whose sole purpose is to please God.

Further influences

English trusts, the basis of Western nonprofits, remarkably resemble Islamic awqaf. Under both systems, the property is reserved and the usufruct is appropriated for a charitable purpose. The corpus becomes inalienable; estates for life in favor of successive beneficiaries can be created at the will of a founder without regard to the law of inheritance or the rights of the heirs, and continuity is secured by successive appointments of trustees (Cizakca 12). The trust was introduced by Crusaders, and influenced by the waqf institutions they came across. In other words, the Islamic waqf system, whose legal parameters have been developed by jurists through centuries, constitutes the origins of English trusts (Kuran 2001, 841-897).

Awqaf have supported a wide variety of life-oriented actions (Jones 1980, 23-36), playing a major role in establishing social justice and solidarity in society, in funding scientific research and arts, and in creating an ecological conscience to protect the environment (Yuksel 1999, 47-54). Moreover, it was thanks to the awqaf that the magnificent architectural heritage of Islamic civilization was financed and preserved throughout the centuries; urban districts could cope with tax burdens; excessive fragmentation of land could be avoided; old age and disability pensions were provided; in an age when insurance, as an institution, was unknown, rudimentary insurance was provided; infrastructure was built and maintained; almost all the assistance one can expect to have in a civilized society was financed, organized, built, and maintained by this system. The awqaf even aided defense efforts by building and maintaining urban walls and fortresses (Cizakca 2006).

“An origin of all revolutions and corruptions, and the spur and source of all base morals, is the saying, ‘So long as I’m full, what is it to me if others die of hunger?’ The only remedy for extirpating this approach is the payment of zakat” (Nursi, 22nd Letter). With their significance rooted in the Islamic principle of charity (Waqf and Islamic Philanthropy 2005), and their central function in sociocultural life, awqaf seem to be the most efficient way of dealing with poverty and income disparity. The government expenditure can be substantially reduced through a well functioning waqf system that creates a permanent, cumulative, and ever-increasing capital base and infrastructure for benevolent activities. This reduction leads to a lower government borrowing, and a reduced rate of interest which then initiates higher private investment, thus growth (Cizakca 2006), as demonstrated at the climax of Ottoman times, which needs to be addressed in another article.

References

• Akgündüz, Ahmet. 1996. “Islam Hukukunda ve Osmanlı Tatbikatında Vakıf Müessesesi.”, 2nd Ed. Istanbul: Osmanlı Araştırmaları Vakfı.
• Akpınar, Ali. 2004. “Vakıf Insanlar ve Din.” Yeni Ümit 17, no. 65)
• Bakır, Betül, and Ibrahim Başağaoğlu. “How Medical Functions Shaped Architecture in Anatolian Seljuk Darüşşifas (hospitals) and Especially in The Divriği Turan Malik Darüşşifa.” https://fountainmagazine.com/wp-content/uploads/2014/01/09-5d7.pdf
• Başkan, Birol. 2002. “Waqf System as a Redistribution Mechanism in Ottoman Empire.” http://cas.uchicago.edu/workshops/mehat/past_conferences/Baskan.pdf
• Becker, Gary S. 1974. “A Theory of Social Interactions.” Journal of Political Economy 82, no. 6.
• Bilmen, Ömer N. 1969. Istılahat-ı Fıkhıyye Kamusu. Vol. 4.
• Canan, Ibrahim. 2004. Kütüb-i Sitte Tercüme ve Şerhi. Vol. 16. Ankara: Akçağ Yayınlar..
• Çizakça, Murat. 2000. A History of Philanthropic Foundations: The Islamic World from the Seventh Century to the Present. Istanbul: Bogazici University Press.
• Çizakça, Murat. 2006 (interviewed by Dr. Shariq Nasir). “Combining Islamic History with Islamic Institutional Economics.” Islamic Business and Finance, March. http://www.cpifinancial.net/v2/Magazine.aspx?v=1&aid=392&cat=IBF&in=5
• Dallal, Ahmad. 2004. “The Islamic Institution of Waqf: A Historical Overview.” In Islam and Social Policy, Stephen P. Heyneman. Nashville: Vanderbilt University Press.
• “Damascus: City of Munificence and Learning.” MuslimHeritage. http://www.muslimheritage.com/topics/default.cfm?ArticleID=500
• Husain Nagamia. 1992. “Islamic Medicine History and Current Practice”, University of South Florida Medical School, Tampa, Florida.
• Ibn Battutah. 2006. “Travel in Asia and Africa”, translated by H.A.R. Gibb London and Rozali Othman.
• http://www.isesco.org.ma/english/publications/WAQF/Chap3.php
• Jones, William R. “Pious Endowments in Medieval Christianity and Islam.” Diogenes (1980): 23-36.
• Kahf, Monzer. 2003. “The Role of Waqf in Improving the Ummah Welfare.” Presented to the International Seminar on “Waqf as a Private Legal Body” organized by the Islamic University of North Sumatra, Medan, Indonesia, Jan. 6-7. https://fountainmagazine.com/wp-content/uploads/2014/01/ROLE_OF_WAQF_IN_THE_WELFARE_OF_THE_UMMAH-397.pdf
• Kahf, Monzer. “Waqf: An Overview”. https://fountainmagazine.com/wp-content/uploads/2014/01/WAQF_A_QUICK_OVERVIEW-427.pdf
• Kuran, Timur. 2001. “The provision of public goods under Islamic law: Origins, impact, and limitations of the waqf…” Law & Society Review 35, no. 4.
• Mauss, Marcel, “Essai sur le don. Forme et raison de l’échange dans les sociétés archaïques.” 1923-1924. (Translation: Mauss, M., 1950. The Gift: The Form and Reason for Exchange in Archaic Societies. New York: W.W. Norton.)
• Mustafa Subai. 1998. Min Rawaie Hadaratina (Marvels of our Civilization), Dar es Salaam, Cairo.
• Nursi, Bediuzzaman Said. 2007. The Letters “22nd Letter.” NJ: The Light, Inc..
• “Philanthropic Foundation.” Britannica Online Encyclopedia.
• “Waqf (endowment) and Islamic Philanthropy.” 2005. In UN-HABITAT Islam, Land & Property Research Series, Paper VII, 8-16: UN-HABITAT,.
• Yalawae, Asming, and Izah M. Tahir. “The Role of Islamic Institution in Achieving Equality and Human Development: Waqf or Endowment.” Universiti Darul Iman Malaysia (UDM). http://www.capabilityapproach.com/pubs/Asming%20Yalawae,%20and%20Izah%20TahirWaqfAsmeng.pdf
• Yediyıldız, Bahaeddin. 1996. Place of the Waqf in Turkish Cultural System. Translated by R Acun and M Oz. Istanbul: Second United Nations Conference on Human Settlements (Habitat II). http://www.history.hacettepe.edu.tr/archive/waqfkultur.html
• Yüksel, Ahmet T. 1999. “Türk Islam Medeniyetinde Vakıfların Yeri ve Önemi.”

It is also important to comprehend benefits brought by perpetuation of this institution, since the waqf system could successfully survive for centuries. Some preventive measures to ensure longevity were finding new sources of income, establishing new auxiliary endowments, deploying tax exemptions, protection of property from natural deterioration, and establishing a skillful management.3 Even when the governments suffered from crisis, these critical installments have served to lighten fiscal burden on the government and operated without an interruption in their service to community, as a result of being funded by endowments. For example, since the beginning of Islam, the madrasahs functioned depending on the income of the estates assigned, and hence the central government hardly spared any budget for education.5 More outstandingly, as an independent source of finance, waqf provided a class of religious notables and scholars with an economic base independent of political authorities, enabling them to take positions unreservedly.3

Agricultural revenues were channeled into urban services through awqaf which also played a role in activating economic growth, expansion, diversification, and development. For instance, housing units, service facilities and/or shops bequeathed onto a school, a hospital or a comprehensive mosque around which they were established; the core project progressively became a nucleus for a commercial center, even gradually growing into a town center. Added to all these kinds of direct participation, there are other indirect kinds of contributions of awqaf in the economic growth6 as they have helped reduce government expenditure and consequently paving the way for growth.7

“As an institutionalization of Islamic values, waqf system presents good lessons in dealing with poverty and income inequality.”8 Having taken the Prophetic saying “One who sleeps while his/her neighbor is hungry is not one of us” and many other hadith in the similar context as a reference point, Ottoman society presented exemplary behavior in interpersonal relationships.9 In addition to the strong family bonds, this compassionate approach is among one of the main factors that prevented homelessness, a major contemporary social problem in the West, to appear in Ottoman society. Without any personal interest, people founded thousands of institutions allocating some or all of their private properties such as farms, houses, enterprises, and savings as revenue sources to these institutions to ensure their continuity in the service of public.10

According to Islam, everything besides God is transitory and perishable.11 Stemming from the belief that any charitable action does not expire, awqaf have functioned as nongovernmental institutions throughout the Islamic world in various fields. In the 11th century, every Islamic city had at least several hospitals funded by awqaf for various expenses, including the wages of doctors, ophthalmologists, surgeons, chemists, pharmacists, domestics and all other staff; the purchase of foods and medicines; hospital equipment such as beds, mattresses, bowls and perfumes; and repairs to buildings. Awqaf funded medical schools and their libraries as well, and their revenues covered various expenses such as maintenance, wages of teachers, and stipends of students.12 In the Bayezid complex in Edirne, for instance, there were 21 doctors and other officers to look after only 50 patients who were cured through performances of 10 musicians, carried out three days a week.13

Estimates show existence of some 26 thousand awqaf in the Ottoman State.14 In 1527, 12% of the whole Ottoman state revenues were controlled by waqf administrations, while at the end of the eighteenth century the combined income of the Ottoman awqaf reached to one-third of the state’s total revenue, including the yield from tax farms in the Balkans, Turkey, and the Arab world. Although these estimates rest on arguable assumptions, there is no disagreement over the orders of magnitude. As a measure of their rights and status in the society, nearly 40% of awqaf were established by women by means of their own wealth.10 Founded in 1552 by the wife of Suleyman the Magnificent, Jerusalem’s Haseki Hurrem Sultan charitable complex possessed 26 entire villages, several shops, a covered bazaar, 2 soap plants, 11 flour mills, and 2 bathhouses, all in Palestine and Lebanon. For centuries, the revenues produced by these assets were used to operate a huge soup kitchen, along with a mosque and two hostels for pilgrims and wayfarers.15

There is abundant evidence to show the massive economic significance of the waqf system that even a single waqf could carry great economic value. Another waqf established in Halep (Aleppo) in the eighteenth century included 10 houses, 67 shops, 4 inns, 2 storerooms, several dyeing plants and baths, 3 bakeries, 8 orchards, and 3 gardens, among various other assets, including agricultural land. By the end of the eighteenth century, in Istanbul, whose estimated population of 700,000 made it the largest city in Europe, up to 30,000 people a day were being fed by charitable complexes established under the waqf system. At the founding of the Republic of Turkey in 1923, three-quarters of the country’s arable land belonged to awqaf.10

A closer look at the Ottoman practice

Throughout the Ottoman realms, the waqf was without any doubt, the primary philanthropic institution which had long served as a major instrument for delivering public goods. For six centuries, the Ottomans largely succeeded to eradicate poverty through awqaf via a voluntary transfer of wealth from the rich to the poor and the latter were fed and taken care of in a decentralized manner. More importantly, health and educational services, essential conditions for the development of human capital, were provided via this institution.16 Waqf was instrumental to the spread of the Ottomans whose policy of settlement relied heavily on the establishment of awqaf in support of Sufi centers that were planted along the frontiers of the expanding state, on its strategic trade routes and traffic arteries, amidst its political rivals and enemies, or in other strategic locations, thus contributing to the spread of Islam as well.3

Alternatively, waqf was extensively used for the development of public and commercial institutions leading to the economic revitalization of major cities, and also as perhaps the major tool to bring about cultural integration for conveying Ottoman culture and services to the regions being settled. The participation of centrally appointed officials and local notables in awqaf helped bridge gaps between these two groups and produced a homogeneous urban elite throughout the vast empire.3

The Ottoman state contributed to awqaf in two ways. First, either by directly establishing waqf17 or by granting land to those who wanted to found a waqf. In this way, the vacant lands had been brought into cultivation, creating extra revenues for the state. Second, the state contributed by supervising, controlling, and recording the revenues and expenditures in order to secure their well-functioning. The control and the supervision of the waqf system can be attributed to the importance of the land in Ottoman politics.8

Granting these privileges, the state sacrificed from large amounts of tax revenue, yet also kept an eye on the activities of awqaf to ensure quality of service.18 The revenues and expenditures of the awqaf had been recorded very carefully. In terms of production of statistical records, systematization in record-keeping, there are not too many states in history to rival the Ottomans.19 Many of these records have been carefully archived,20 and are still available as primary sources to researchers. 21

Awqaf in daily life

The Ottoman state was mainly responsible for security, justice, and border protection. Almost all other social tasks were being performed individuals. The belief that “Charity pleases God and brings God’s blessings” determined Muslim behavior in many fundamental acts of economic importance and the Ottomans were particularly zealous in that regard.22 People set up and administered awqaf for benevolent purposes, which followed the principle, “there always is a necessity to service wherever living things exist.”23

The beneficiaries were not limited to the poor and needy. Awqaf have served the public for a variety of purposes that outline an endless list: protecting the unfortunate, meeting the need of wayfarers and pilgrims, raising orphans, providing scholarships to students, employing the unemployed, educating apprentice artisans toward mastery, helping the bankrupt or those with excessive debt, covering marriage expenses for needy couples, sheltering animals, taking care of widows, hungry and the destitute, sick and the disabled, running health care, sports and educational programs, producing candles for mosques, taking care of the environment, paving roads, enlightening streets, paying a neighborhood’s taxes, supporting retired sailors, organizing picnics for a designated guild, subsidizing the cultivation of rare roses, operating commuter ships, lending to small businesses, helping prisoners, and providing toys to children of poor families. These were among hundreds of other purposes of varying social significance. Also, there have been many applications to launch, construct, manage, and preserve public institutions and infrastructure like military establishments, pavements, lighthouses, malls, cemeteries, hospitals, public baths, drinking fountains, mosques, schools, dormitories, inns, caravanserais, dervish hospices, bridges, roads, aqueducts, libraries and so on.

Some basic ethics of charity in Islam are anonymity, avoiding pretension, preserving purity of intention, and protecting assisted people from any possible psychological effects.24 A thoughtful application of these principles came into life in the “Charity Stones.” In this Ottoman practice, charitable people would leave some money (generally in the dark of the night) to these two-meter-high marble columns with a hole on top, which were commonly located at the unobserved corners of mosques, madrasahs, cemeteries, mausoleums, and neighborhoods. Needy people, later on, would take money from there, astonishingly, no more than they needed. The rest would be left back with decency for someone else, which shows the achieved level of the brotherhood and solidarity in the society.25 These stones were used to prevent a form of mendicancy in the society and at the same time, not to offend needy people.

The Turkish waqf spirit which cares for all living beings has extended its reach to birds as well, when from the fifteenth century on, kiosks for birds were started to be built. Some of these “bird houses,” also called “bird palaces,” resembled mosques with their minarets, high-hopped towers and signs in the form of a crescent, and displayed an extraordinary workmanship. Having observed such bird houses with great interest, the Austrian ambassador Busbecq wrote in 1550s that “in Turkey everything has become humanized and every rigid thing has been softened; even the animals.”10 Many examples of awqaf have served for protection and enhancement of the environment as well.26 In “Ottoman land,” Comte de Bonneval stated, “it is possible to see Turks passionate enough to dedicate money for men to water unfruitful trees, in order to protect them from drought due to hot weather.”27 According to D’Ohsson, this caring motivation is rooted in Islam: “Qur’an has transformed Turks into the best philanthropists of the world.”28

There were awqaf established for each aspect of life. One can talk about the excess supply of public goods rather than their scarcity thanks to extensive waqf services, so much so that Ottoman cities did not need to implement actual municipality organizations to deliver urban services in a centralized and coordinated manner before 1856.29 “Thanks to the awqaf flourished during the Ottoman Empire, a person would have borne into a waqf house, slept in a waqf cradle, ate and drunk from waqf properties, read waqf books, taught in a waqf school, received his salary from a waqf administration, and when he died, put into a waqf coffin and buried in a waqf cemetery.”30 Had the awqaf gained corporate powers, “they would have acquired the ability to transform themselves into organizations akin to municipalities.”31

By means of the awqaf founded in different spheres of social life, privately accumulated capital was voluntarily endowed to finance all sorts of social, cultural, religious, and economical services alongside with health and transportation, all of which were free of charge and open to everyone, without discrimination. As a result, the awqaf played a very eminent role in setting up a sound integration, cooperation, and mutual confidence between the society and the state. Aqwaf, in other words, became the medium for financing Islam as a society,32 and have served as the primary mechanism for a better distribution of income.

Awqaf’s services were provided through decentralized decision-making, i.e., not by a central authority but by philanthropists determined to address social and economic issues in their neighborhood.17 The multiplicity of waqf founders, together with the generally uncoordinated character of their choices, furnished abundant opportunities for learning from failures and successes. Such associations that individuals create, operate, and transform essentially on their own, without direct guidance from the state, also contributed to a strong civil society.31

The notion that wasting or misusing properties of awqaf, the state, or orphans is a severe violation of the rights of others, thus will be punished in the Hereafter, provided an extreme sense of self-discipline in individuals and immunity to those properties. Traditionally, waqf deeds even contained imprecations to discourage any possible abuse and orisons to encourage compliance with the deed.33

The centralization policy, promoted partly by the Western powers and partly by the Ottoman reformers in the late nineteenth century, undermined the role of awqaf and transformed these traditional institutions to European-inspired municipalities for providing public services with a central manner.34 Most countries now directly or indirectly administer waqf lands in separate Ministries, leading to the demise of its nongovernmental identity. Moreover, as a usual practice in the Europe, North America, and Australia, Muslim communities establish nonprofit organizations which in turn own the waqf property. Despite the reduction in its influence in the social spheres, and despite the considerable cutback in the size of its properties and revenues due to the colonial experience and the emergence of modern nation states, waqf remains as an institution of substantial wealth and potential, and it still holds some of the historical flexibility that qualifies it to play a major role in contemporary societies.35

Senkaya has a Master’s Degree in Nonprofit Leadership. He can be contacted at senkayao@seattleu.edu.

Notes

1The word waqf, and its plural form awqaf, were derived from the Arabic root verb waqafa, which means “to cause a thing to stop and stand still.” Heffening defines waqf as: a pious endowment established when an owner of a property surrenders her/his disposal rights, without transferring them to some other party (Heffening, W. “Waqf.” Vol. 4. In Encyclopedia of Islam, 1096-1103. 1934).

2 Toraman, Cengiz. “Cash Awqaf in the Ottomans as Philanthropic Foundations and Their Accounting Practices” Paper presented at the fifth Accounting History International Conference. Canada: Edward School of Business, University of Saskatchewan, August 9-12, 2007. http://www.commerce.usask.ca/special/5ahic/papers/5AHIC-37%20FINAL%20Paper.pdf

3 Dallal, Ahmad. “The Islamic Institution of Waqf: A Historical Overview.” In Islam and Social Policy, Stephen P. Heyneman, 13-43. Nashville: Vanderbilt University Press, 2004.

4 Othman, Muhammad Z. “Institution of Waqf.” Islamic Culture 58, no. 1 (1984): 55-62.

5 Canan, ?brahim. Kütüb-i Sitte Tercüme ve ?erhi. Vol. 16, 275-281. Ankara: Akça? Yay?nlar?, 2004.

6 Islamic Educational, Scientific and Cultural Organization. “Islamic Waqf Endowment.” http://www.isesco.org.ma/english/publications/WAQF/Chap6.php

7 Çizakça, Murat. A History of Philanthropic Foundations: The Islamic World from the Seventh Century to the Present. Istanbul: Bogazici University Press, 2000.

8 Ba?kan, Birol. Paper presented at 17th Middle East History And Theory Conference, May 10-11. Center for Middle Eastern Studies, University of Chicago. 2002, “Waqf System as a Redistribution Mechanism in Ottoman Empire.” http://cas.uchicago.edu/workshops/mehat/past_conferences/Baskan.pdf

9 Ar?, Saim. “Osmanl? Mahallesinde Sosyal Dayan??ma Örne?i: Avar?z Vak?flar?.” Sizinti 24, no. 287 (2002) http://www.sizinti.com.tr/konular.php?KONUID=210

10 Yediy?ld?z, Bahaeddin. Place of the Waqf in Turkish Cultural System. Translated by R Acun and M Oz. Istanbul: Second United Nations Conference on Human Settlements (Habitat II), 1996. http://www.history.hacettepe.edu.tr/archive/waqfkultur.html

11 Qur’an, 55:26-27.

12 http://en.wikipedia.org/wiki/Waqf

13 Maksudo?lu, Mehmet E. “Osmanl? Vak?f Uygulamas?ndan Baz? Örnekler” Diyanet Ilmi Dergi, 2003 http://www.diyanet.gov.tr/turkish/DIYANET/ilmi_dergi/ilmi_39_3/main.asp?makno=6

14 According to the findings of Ekrem Hakk? Ayverdi (in The Ottoman Architectural Artifacts in Europe), there were 3339 Turkish waqf buildings in Bulgaria in 1982. Of these 2356 were small and large mosques, 142 universities, 273 bridges, 16 caravanseraies and the rest consisting of baths (hamam), tombs, fortresses, public fountains, libraries etc. (Yediy?ld?z).

15 Peri, Oded. “Waqf and Ottoman Welfare Policy. The Poor Kitchen of Hasseki Sultan in Eighteenth-Century Jerusalem.” Journal of the Economic and Social History of the Orient 35, no. 2 (1992): 167-186.

16 Çizakça, Murat (interviewed by Dr. Shariq Nasir). “Combining Islamic History with Islamic Institutional Economics.” Islamic Business and Finance, March 2006 http://www.cpifinancial.net/v2/Magazine.aspx?v=1&aid=392&cat=IBF&in=5

17 Named as state waqf, this type of awqaf are legally different from private charitable awqaf. Because the Sultan established the waqf from the treasury of the State, these awqaf were called, waqfi gayri sahih (Ba?kan).

18 Emino?lu, Kamil. “Osmanl?lar’da Vak?f Anlay???.” Sizinti 8, no. 90 (1996) http://www.sizinti.com.tr/konular.php?KONUID=2411

19 Crecelius, Daniel. “Introduction.” Journal of the Economic and Social History of the Orient 38, no. 3 (1995): 249.

20 http://www.vgm.gov.tr/01_VakifKayitlariArsivi/001_VakfiyeArsivi/vakfiye.cfm.

21 For more information regarding superintendence mechanisms readers may consult to Akgunduz. Akgündüz, Ahmet. “?slâm Hukukunda ve Osmanl? Tatbikat?nda Vak?f Müesseseleri”, Ankara: Türk Tarih Kurumu Bas?mevi, 1988.

22 ?nalc?k, Halil. “The Economic Mind.” In An economic and social history of the Ottoman Empire, 1300-1914, Halil Inalcik and Donald Quataert, Cambridge: Cambridge University Press, 1994.

23 A?manvermez, Ahmet. “Bir Vak?f Medeniyeti Olarak Osmanl?.” http://www.kalemguzeli.net/bir-vakif-medeniyeti-olarak-osmanli.html

24 Qur’an, 2:261-274.

25 Ünver, Süheyl. “Sadaka Ta?lar?.” Hayat Tarih 11, 1967.

26 Seker, Mehmet. “Osmanl? Vakfiyelerinde Çevre Bilinci.” Ekoloji 1, no.4 (1992): 26-30.

27 Hilal, Ziyaeddin. “Yabancilarin Gözüyle Osmanli’da Vakif Hizmetleri.” Sizinti 29, no. 338 (2007) http://www.sizinti.com.tr/konular.php?KONUID=3139

28 D’Ohsson, Moradjea. Tableau General del Empire Otoman.

29 Bayyigit, Mehmet. “Sosyal Yard?mla?ma ve Dayan??ma Kurumu Olarak Vak?flar.” 59-66. 1999.

30 Arsebük, Esat. Medeni Hukuk, Ba?lang?ç ve ?ah?s Hukuku. Vol. 1, 298. 1938.

31 Kuran, Timur. “The provision of public goods under Islamic law: Origins, impact, and limitations of the waqf…” Law & Society Review 35, no. 4 (2001): 841-897.

32 Hoexter, Miriam. “The Waqf and the Public Sphere.” In The Public Sphere in Muslim Societies, Miriam Hoexter Shmuel N. Eisenstadt, and Nehemia Levtzion, 119-138. Albany, N.Y.: SUNY Press, 2002.

33 Gözübenli, Be?ir. “?slam Toplumunda Vak?f Kültürünün Do?u?u.” Yeni Ümit 15, no.60 (2003) http://www.yeniumit.com.tr/konular.php?sayi_id=60&konu_id=54&yumit=bolum2

34 Kilicalp, Sevinc S. “Centralization of the Ottoman State and Modernization of the Waqf System.” 4th ed. In Master in International Studies in Philanthropy and Social Entrepreneurship, 1-28. Bologna: University of Bologna, February 2008. http://www.misp.it/2008/images/stories/documenti/KilicalpPaper.pdf

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