Divan of endowments in Islam: Establishment and development.

Wednesday, 29 December 2010

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Written by Dr. Ragheb Elsergany

Introduction

Since the time of the Messenger of Allah (peace be upon him) Muslims have had tendency towards charitable work and worship. Endowment was one of the most important ways of goodness and most beneficial to Muslims. Endowment is the cornerstone upon which all charities in the history of our civilization were established. It contributed to the renaissance of Islamic societies in a remarkable way that astonished those who looked at the history and philosophy of the Islamic civilization and made them eager to know the real significance of the emergence and existence of Islamic endowment and its continuation since its emergence in the era of the Messenger of Allah (peace be upon him). The endowment system is a pure Islamic addition to the march of human civilization at a time when the meanings of social solidarity have not existed in any civilization before or after Islam.

Endowments in the era of the Prophet and his companions

The Prophet (peace be upon him) allocated endowments for all Muslims. The first endowment in Islam was a plot of land owned by a man called Mukhayriq[1]. In his book “Al-Tabaqat Al-Kubra”, Ibn Sa’d quoted Muhammad ibn Ka’b Al-Qurazi as saying: “In the era of the Messenger of Allah (peace be upon him), seven gardens in Medina were endowed, namely Al-A’waf, Al-Safyah, Al-Dalal, Al-Maythab, Barqah, Husna and Mashrabat umm Ibrahim. Ibn Ka’b said: After that, Muslims entailed endowments for their children and grandchildren.” [2]

The companions in the life of the Messenger of Allah (peace be upon him) also entailed endowments. After the Prophet’s death, many companions, such as Umar ibn Al-Khattab, Uthman ibn Affan, Talhah ibn Ubaydullah and Ali ibn Abu Talib (may Allah be pleased with them), entailed endowments too. These endowments were allocated for charitable purposes.

Umar ibn Al-Khattab made condition that the yield of his endowment would be given in charity to the poor people, to the kith and kin, for freeing slaves, for Allah's cause, to the travelers and guests; and that there would be no harm if the guardian of the endowment ate from it according to his need with good intention, and fed others without storing it for the future. [3]

In Umayyad dynasty

The affairs of endowments remained to be run by the beneficiaries or the inspectors according to the terms and conditions set by the endower. The Islamic State had no direct interference in this. When Umayyad judge Tawbah ibn Nimr Al-Hadrami[4] assumed judiciary in Egypt during the era of Hisham ibn Abd-al-Malik, he noticed that endowments were circulated among beneficiaries and inspectors. So, he empowered himself to supervise these endowments in order to protect them and make sure that the conditions of these endowments would not be breached. Tawbah did not die until a special divan was established to run the endowment affairs under the supervision of the judge himself. Although this step was taken in Egypt, it was the first launch of the endowment system in all Muslim countries. Judges supervised the endowments and implemented the related conditions. If an endowment had an inspector, the role of judge was confined to care and guidance. [5]

The situation continued like this until the first half of the fourth Hijri century, as an independent official ran the endowment affairs. This resulted in the establishment of an independent divan of endowments. Despite the newness of this divan, its chief was soon promoted to high positions in the State until his post outweighed the post of chief judge in Egypt. It is said: If there was a holiday season when the Sultan is greeted, the chief judge used to send his messenger to stand in front of the door of the Sultan until the chief of the divan of endowment comes to greet the Sultan and then leaves. Then, the messenger goes to his master and tells him about this. Then, the chief judge comes to greet the Sultan. Al-Nabulsi[6] (author of the book “Lama’ Al-Qawanin Al-Madiyah fi Dawawin Al-Diyar Al-Misriyah”) explains this by saying that this comes out of fear that both would meet by coincidence at the Sultan’s place. The chief of the divan of endowments used to sit down at the left hand of the Sultan, something which reflects his prestigious position and influence in the State. Al-Maqrizi says the divan of endowments was the most cared for divan and only noble Muslim writers worked there. [7]

In Ottoman dynasty

During the Ottoman dynasty, a new endowment system was founded. This system classified the endowments. This classification is still effective in many Arab countries. The Ottoman Empire also developed another system to distribute posts in the endowment departments through testing the applicants. Tests were carried out for some religious posts, such as leading the prayers, delivering Friday sermons, teaching and calling for the prayers. The laws and regulations relating to endowment have developed in the Muslim world since the Ottoman Empire until a special ministry of endowment was established. [8]

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