The Evolution of the Institution of Waqf in its Historical Context in the Middle East: An Alternative View

Abstract

This paper studies the concept of waqf in its historical evolution in order to understand its role as a substitute for government in providing social services to the most vulnerable parts of the population in Islamic history since the 7^th century. In the literature, there are mainly two schools that explain why awqaf flourished during the medieval period with some ups and downs until the end of Ottoman rule with the fall and near disappearance of awqaf in the Middle East after the fall of the Ottoman Empire. The first school, among which orientalists constitute the majority, consider awqaf as the main culprit for the failure of the industrialization and modernization of Muslim economies to achieve the aspired economic growth. According to them, awqaf were mainly used as an instrument to shelter wealth, circumvent inheritance laws, avoid taxes, and state confiscations. On the other hand, researchers of the other school blame colonial and post-colonial influence for destruction and/or disappearance awqaf by centralizing existing awqaf under state control or confiscating awqaf. This study lays the groundwork for an alternative view explaining the harmful role of the state in the success or failure of awqaf. The independence of judicial systems, or lack thereof, has played a major role in defining the performance of awqaf in the Middle East.