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The Role of Waqf (Endowment) in Economic Development of Bosnia and Herzegovina: A Historical Overview and Future Prospects

Waqf and Socio-Economic Development

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Revitalization of Waqf for Socio-Economic Development, Volume I

Abstract

Despite a plethora of roundtable discussions and practical initiatives on sustainable socio-economic issues to solve the inequality gap between the rich and poor, policy makers and economists still remain in the dark and have not been able to unveil solutions to major social challenges to humanity concerning poverty, community empowerment, sustainability, and social injustice, globally. There are many verses in the Qurān that directs Muslims to engage in trade activities. Islam encourages social entrepreneurial ventures and gives the etiquette and spiritual guidance needed to engage in trade. Islamic Social Entrepreneurship (ISE), in particular, is vital for the Muslims to attain sustainable community empowerment, social and economic justice. Waqf (Islamic endowment) is indeed a vehicle for financing ISE and the waqf-ISE model, discussed in this paper, provides an environment that mobilizes resources to provide a platform that caters for socio-economic development. This paper showcases the waqf-ISE model which is engineered from ground zero from Islamic foundations, without emulating any Western model and provides a window of opportunity to solve many of the societal issues afflicting Bangladesh, particularly, in terms of poverty alleviation, socio-economic development and provides a platform to empower communities in a sustainable manner.

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Notes

  1. 1.

    Reported in Sahih Muslim, see El-Munziri (2004, p. 951).

  2. 2.

    Reported in Sahih Muslim, see El-Munziri (2004, p. 951).

  3. 3.

    Al-Baqarah: 215.

  4. 4.

    Al-i-‘Imran: 92.

  5. 5.

    Al-Baqarah: 267.

  6. 6.

    See El-Buhari (2009), Sahih al-Bukhari, Hadith No. 2772 (p. 614).

  7. 7.

    See El-Buhari (2009), Sahih al-Bukhari, Hadith No. 2769 (p. 612).

  8. 8.

    Similar examples have been realized from the creation of the companions of the Prophet (p.b.u.h.) as has been documented by Al-Humaidi, shaykh of al-Bukhari, who gave the names of the companions, their endowments, and their beneficiaries. He stated that Caliph Abu Bakr endowed his house to his children, ‘Omar b. al-Khatab endowed his land at Thamgh to his children, Sa‘d ibn Abu Waqqas his house in Madinah and Egypt for his children, and al-Zubair ibn al-‘Awwam his houses in Makkah and Egypt and his money in Madinah for his children, ‘Omar b. al-‘As his house in Makkah for his children, and Hakim b. Hizam his houses in Makkah and Madinah to his children. Moreover, most of the wives of the Prophet (p.b.u.h.) had created family waqf, for example, ‘Aisha, Umm Salamah, Umm Habibah, Safiah and Hafsah created their own waqf for the benefit of their kin (see Abdel Mohsin 2009).

  9. 9.

    Please note that we will not discuss much about the history of Bosnia and Herzegovina as this is not the main focus of the study. Rather, we will focus directly on the institution of waqf and its relevance for the socio-economic development of Bosnia and Herzegovina.

  10. 10.

    Bosnia and Herzegovina (B&H) was initially knows as Kingdom of Bosnia. Later on, its name was changed to Bosnia and Herzegovina where “Bosnia” refers to northern and central parts of the modern territory of B&H and “Herzegovina” to south parts. Nowadays, when we refer to Bosnia we mean B&H as a whole.

  11. 11.

    The Bogomils were a Gnostic religio-political sect founded in the First Bulgarian Empire by the priest Bogomil during the reign of Tsar Peter I in the tenth century. It most probably arose in what is today the region of Macedonia as a response to the social stratification that occurred as a result of the introduction of feudalism and as a form of political movement and opposition to the Bulgarian state and the church. The Bogomils called for a return to early Christianity, rejecting the ecclesiastical, and their primary political tendencies were resistance to the state and church authorities. This helped the movement spread quickly in the Balkans, gradually expanding throughout the Byzantine Empire and later reaching the Kievan Rus, Bosnia and Herzegovina, Dalmatia, Italy, France, and England. The Bogomils were dualists in that they believed the world was created not by the Abrahamic God, but by an evil demiurge—the Devil. They did not use the cross nor build churches, preferring to perform rituals outdoors (for details see Obolensky 2004; as mentioned in Trakić 2012).

  12. 12.

    Ijāratayn means leasing waqf property under two leases (rentals). According to Shariah principles, when it is found that the waqf property has no money that can be used for renovation of its properties, for instance rebuilding a demolished house or a shop, and when there is no one willing to do so using his/her own resources, in that case Shariah allows this practice of ijāratayn. A person that is looking for a rent, ijāratayn, is required to pay two prices: (i) a price that is approximately equal to the value of the property; and (ii) a smaller price that would be payable at the end of every year and it was called ijarah mujallah (see Balagija 1933, pp. 19–21; as mentioned in Čajlaković 2009, p. 244).

  13. 13.

    Vakufnama or waqfnāmes simply represent a certificate of a waqf which list down all matters related to the administration and utilization of the particular waqf property.

  14. 14.

    Up until October 8, 1966, there was no hospital in B&H. In that year, upon the incentive of then protector, Sharif Osman-Pasha, a waqf Hospital was build and opened at Kovači, in the street Halilbašića 16. The construction of this hospital was founded from the revenues generated out of the Gazi Husrev Beg’s waqf properties. In the beginning, the hospital had: a manager, a doctor, a pharmacist, several servers, and thirty-two beds. Patients received treatments regardless of their religious denominations and they were treated, most often, for free. Waqf was covering the costs of the hospital.

    At the beginning of 1882, the State Government took over this hospital. Over time, this hospital became too crowded that led to a construction of the State Hospital, which began in 1894. That year the Waqf Hospital was turned into an Institute for mental illness, which functioned until the construction of a modern hospital for mental illness within the complex of the National Hospital (Talić 1996).

  15. 15.

    Beg or Bay—a title used on territories controlled by the Ottoman Empire.

  16. 16.

    Different names and titles given to various roles played by administrative people within the Ottoman Empire.

  17. 17.

    The first order issued in 1881 was followed by orders from 1883, 1884, 1885, and 1894. In general, all orders left the Austro-Hungarian government’s influence on the Waqf administration. These orders introduced a uniform and stable administration of waqf affairs (see Čajlaković 2009; Trakić 2012).

  18. 18.

    Ali Fehmi Dzabić was the muftī of the town of Mostar. He was also known under the name of ʿAlī b. Shākir Fahmī Jābirzāde al-Mustarī and had an excellent knowledge of Arabic, literature, and geology. He wrote a number of works such as Ḥusn al-ṣiḥābah fi sharh al-ṣaḥābah and Ṭilbat al-ṭālib fī sharḥ Lāmiyyah Abī Ṭālib.

  19. 19.

    In the middle of 1930, the government of the Kingdom of Yugoslavia removed raisu-l-‘ulama Džemaludin Čaušević and sent him into early retirement. The reason for early retirement was his advocacy for Muslim rights and the protection of their properties. At the time, there were about two million Muslims in the Kingdom of Yugoslavia. However, many did not see their future in that country, so they migrated in large numbers. Since the creation of the Kingdom of SHS until December 1931 about 45,000 Muslims moved to Turkey (see Bojić 2001, p. 175).

  20. 20.

    Only in Sarajevo, about 24 mosques were destroyed during the Socialist Yugoslavia. At the same time, 204,000 m2 of Muslim cemeteries were used for various purposes. A significant number of waqf shops were demolished with a useful surface of 2571 m2. Over 103,707 m2 of waqf houses, courtyards and construction sites for houses were demolished. Expropriation and nationalization resulted in the seizure of more than 536,023 m2 of waqf gardens, orchards, meadows, arable land, and other properties. This is only a brief overview of the suffering of the material and culture objects of Muslims in Sarajevo, as well as the properties that were used to sustain those facilities (see Begić 2000; Koštović 1995, p. 11).

  21. 21.

    During the aggressor’s march on B&H and the Bosniaks, the most important objects of Islamic architecture in BiH were not spared of their destructive and ill intentions. During the three-year aggression, more than 600 mosques were completely destroyed and more or less the same amount of mosques were partially demolished. Some of the examples are: the Gazi Husrev-beg mosque (1532); Careva mosque (1565); Baščaršijska (1529); Ali-pasha mosque (1561); Magribiya (1766) in Sarajevo; Aladža (1551) and Careva mosque (1483) in Foča; Sultan Esme Mosque (1745) in Jajce; Karađoz-beg mosque (1570) in Mostar; Ferhadija (1579) and Arnaudija (1595) in Banja Luka (destroyed on May 7, 1993); Emin Turhan-bey’s mosque in Ustikolina (1449), which is the oldest mosque in BiH, as well as many others. Most of them were under the protection of UNESCO (see Ćeman 2007, 2008; Omerdić 1999, p. 15).

  22. 22.

    Official Gazette of the Socialist Republic of Bosnia and Herzegovina, No. 4 (17 February 1992), 100.

  23. 23.

    Official Gazette of the Socialist Republic of Bosnia and Herzegovina, No. 13 (June 1993), 324-25.

  24. 24.

    See Oxford Advanced Learner’s Dictionary (“Oxford,” 2007)

  25. 25.

    The Law on Associations and Foundations was passed by the Parliament of the Federation of Bosnia and Herzegovina in both Houses in 2002 (No. 01-3-02-3-46/02). It was also passed by the Parliament of Bosnia and Herzegovina on 5 October 2001.

  26. 26.

    See Salikić (2001, p. 352).

  27. 27.

    See Hrvačić (2000).

  28. 28.

    See Ćeman (2007).

  29. 29.

    For more details about the restitution of waqf properties in B&H.

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Smolo, E. (2019). The Role of Waqf (Endowment) in Economic Development of Bosnia and Herzegovina: A Historical Overview and Future Prospects . In: Ali, K., Hassan, M., Ali, A. (eds) Revitalization of Waqf for Socio-Economic Development, Volume I. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-18445-2_6

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