Is the Waqf a Part of the Third Sector?

Transcription

1. Researches Is the Waqf a Part of the Third Sector ? Dr. Abderrazak Belabes(1) Abstract: Throughout the study of the Waqf of Qubā’ and the European critics of the third sector in the Anglo-Saxon speaking tradition, this paper tests the conceptual framework articulated around the triptych ‘market / state / third sector’ to show that the institution of the Waqf was born way before the constitution of the State and the market in the city of Yathrib – future Madīnah al-Munawarah; it cannot be considered as a component of the third sector. This requires a new conceptual framework in the light of the history of the social and economic facts of the Muslim world and its civilizational legacy, which should be explored with fresh eyes and renewed energy. Key-words: Waqf, third sector, history of social and economic facts, civilization JEL Classification : A13, L31, Z12 KAUIEI Classification : E21, E31 (1) Researcher at the Islamic Economics Institute, King Abdulaziz University, Jeddah, Saudi Arabia; e-mail: abelabes@kau.edu.sa 12
2. Is the Waqf a Part of the Third Sector ? I. Introduction The Waqf is a multidimensional phenomenon that needs to be grasped in diversity and in the unity of its various dimensions, including the juridical aspect, to deepen understanding with the challenges of globalization: unequal distribution of wealth, financialization of economy, weakening of natural ecosystems, reconfiguration of social policies in the context of successive crises and the questioning of the viability of a welfare state. As part of this worthwhile research program, it is necessary to show the limitations of the Waqf approach as a constituent of the third sector, the first sector being the market and the second being the public, according to the Anglo-Saxon reading. Hence the need to develop a conceptual framework based on a more historical than hypothetico-deductive approach, starting from the reality of the Muslim world since the creation of the first Waqf by the Prophet (€). If the European researchers consider that the AngloSaxon approach to the third sector cannot be justified in the context of the ‘Old Continent’, which is more appropriate to the social and solidarity economy approach (Evers and Laville, 2004), why do most researchers in the Muslim world continue to view Waqf as a constituent of the third sector without any reservations? After specifying the data collection protocol and the epistemological posture, the study relies on the Waqf of Qubā’ to show that the civil initiative in Muslim history predates the establishment of the state and the market in Madīnah al-Munawarah. For this reason, the Waqf cannot be considered as a constituent of the third sector. The conclusion summarizes the main findings and recommendations for the future. II. The Data Collection Protocol In terms of data mining, the study draws on the approach of the historian Akram Dia’a Al-Umari (1994, 1: 11-31) in his book ‘al-Sīrah al-Nabawiyah al-Sahīhah’ (Authentic Biography of the Prophet Muhammad (€), which is based both on the methodology of the Muhadithīn (scholars of the science of Hadīth) and the historical research method of critics and interpretation of sources which passes through clarification of the interest of the source, its description, its critics and the estimation of its value in the context of the research work carried out. 13
3. 17th year , No.33, Rabi 1 1349 / November 2017 In this perspective, the study is based first on primary sources that encompass what was created at the moment of the event, i.e. the creation of the Waqf of Qubā’, through Hadīth (words, acts and approbations of the Prophet (€)), his Siyar (biographies), the historical books based on Hadīth and Athar (words of the Companions), elaborated by classical authors (Ibn Isḥāq, 2004, Ibn Hishām, 2000, al-Balādhurī, 1987, al-Tabarī, 1987, Ibn Kathīr, 2006). It is also based on secondary sources from contemporary historians, geographers and architects, known for the rigor of their method, having treated the history of Madīnah al-Munawarah (Hamidullah, 1982), its management (al-Ali, 2006), its social and economic life (Al-Umari, 1997), the mosque of the Prophet (€) (Omer, 2005, 2010) and the map of the Prophet’s stay in Qubā’ (Abu Khalil, 2003). Furthermore, the study is based on the writings of European historians, travelers and writers who examined the Prophet’s stay in Qubā’ (Le Clerc, 1723: 109; Burckhardt, 1835: 108-109; Caussin de Perceval, 1848: 15-16; Kasimirski, 1852: XVII; Lamartine, 1863: 145; Irving, 1865: 136; Sprenger, 1865: 12; Delaporte, 1875: 242; Muir, [1861]1923: 167-169; Huart, 1912: 121). This can only benefit the knowledge base after confrontation of the data investigated with the greatest care. It should be noted that the transcription of the word Qubā’ differs according to the authors as indicated in Table 1. Table 1. The different forms of transcriptions of the word Qubā’ in the European literature from the beginning of the 18th century to the present 14 No. Form of transcription 1 Coba 2 Cobba 3 Koba 4 Kobba 5 Ḳobā
4. Is the Waqf a Part of the Third Sector ? No. Form of transcription 6 Ḳobâ 7 Qoba 8 Quba 9 Quba’ 10 Qubā’ Source : Compilation of the author III. Epistemological Posture: Rethinking our Way of Approaching Waqf If the European and Anglo-Saxon researchers in the social sciences are faced with the question: “How to understand what has never been part of their culture and society?” (Godelier, 2010: 53), the Muslim scholars are faced with the question: “How to understand what is part of their culture and society without going through the mirror of what is commonly referred to as ‘the West’?” In other words, if European and Anglo-Saxon scholars must strive to break the mirror of the Self (Godelier, 2010: 54), Muslim scholars must also strive to break the distorting mirror of the West usually built with their own cognitive representation selectively. Hence the necessity of a methodology, in the broadest sense of the term, that distinguishes between the existence of the object, its representation and the way of knowing it. Beyond overcoming the ‘Islam/West’ dichotomy through the confrontation between the Anglo-Saxon and European approaches to the third sector, it is more fundamentally necessary to get away from the problems peculiar to other cultures and other societies which plunge us into endless and unnecessary debates (Corm, 2009), just as it is necessary to get away from the precursor virus (Clark, 1959), i.e. the tendency to search systematically Muslim ancestors to modern notions that are successful without critical examination to illuminate their presuppositions and limitations (Rist, 2007). Economics is a social construction that does not belong to a natural order (Al-Ali, 1986: 8). 15
5. 17th year , No.33, Rabi 1 1349 / November 2017 The dominant economic theory taught today in most universities has been constructed from the observation of phenomena peculiar to so-called developed societies according to purely material criteria, and cannot be applied to other societies which do not have the same route (Seers, 1963), nor the same priorities in the value framework; hence the need to rebuild the thought on Waqf which must not be defined by others or against others. To do this, we must open our eyes to our own history by shedding light on the history of the Waqf of Qubā’ which has not received the attention it deserves due to misinformation or lack of time. Thus, some authors believe that the seven palm gardens offered by the Prophet ( ) constitute the first Waqf in Islam, while others present ‘Umar Ibn al-Khaṭtāb as the precursor in this field when he consecrated his land of Khaybar to a pious legacy (McChesney, 1990: 7; Al-Hujayli, 2009: 50). The interest of this study is to appreciate the facts to the right extent, through a civilizational approach that considers the dynamic link between tangible and intangible heritage, and their deep interweaving. IV. The Waqf of Qubā’: The Birth of a New Human Civilization During his emigration from Mecca to Medina, the Prophet ( ) spent four nights, from Monday 23rd September 622 to Thursday 26th September 622 in Qubā’ (al-Mubarakpuri, 1996: 174), at a hill about three and a half kilometers away from Yathrib, and a preferred area to relax due to the purity of the air. The inhabitants of Yathrib provided themselves with its fruits; the hill and its surroundings were covered with vines and groves, dates and lotus, gardens that produced lemons, pomegranates, figs, peaches and beans (Irving, 1865: 135). As the historian Ibn Hishām (1986: 494) observes: “The Prophet (€) remained in Qubā’ among the tribe of Banu ‘Amr Ibn ‘Awf from Monday to Thursday after establishing the foundations of the mosque”. Upon arriving at a place called Labah (al-Balādhurī, 1987, 1: 9), the camel of the Prophet (€) named al-Qaswa kneeled and refused to move forward. The mosque of Qubā’ was built on this spot (Irving, 1865: 136). According to the historian Ibn Kathīr (2006, 2: 192), “Al-Suhayli affirmed that the Messenger of Allah (€) had founded it on the first day of his arrival in Qubā”. He himself participated in its construction with his older 16
6. Is the Waqf a Part of the Third Sector ? companions of the Muhājirīn and a group of Ansār (al-Balādhurī, 1987, 1: 8; al-Tabarī, 1987, 2: 8). When the Prophet (€) finished, he said to them: “O Ansār, Allah has praised you for purification, how do you purify yourselves? They said: We do our ablutions for prayer, we wash ourselves in case of major impurity, and we wash our intimate parts with water”; he then said: “Yes, that is right, so adhere to it.”(1). The Qubā’ mosque is altogether the first place of worship in Islam, the first Waqf in Islam, and the first mosque based on Taqwah (piety) as indicated in the verse of the Qur’an (9:108): (A mosque founded from the first day, on piety, is more worthy of thy standing forth for prayer. There are people who love to purify themselves, and Allah loves those who purify themselves). The Prophet (€) left Qubā’ on Friday morning the 27th of July 622 to Yathrib (al-Balādhurī, 1987, 1:12), as shown in Figure 1, which summarizes his journey to Qubā’. Figure 1. Sketch of the itinerary and the stay of the Prophet (€) in Qubā’ Village Qubā’ of the tribe of Banu ‘Amr Ibn Awf Construction of the Qubā’ mosque on the space known as Labah To Yathrib The spot where the camel of the Prophet (€) al-Qaswa kneeled and refused to rise again Arrival of the Prophet (€) and Abu Bakr after having fled Makkah Source: Prepared by the author in reference to al-Balādhurī (1987, 1: 8-9) and Shawqi (2003: 233) (1) Authentic Hadīth; see: al-Albani (118 :1979). Mishkāt al-Masābīh (Hadīth No. 369). 17
7. 17th year , No.33, Rabi 1 1349 / November 2017 The importance of the Qubā’ mosque is such that the Prophet (€) said about it: “The prayer at Qubā’ mosque is like a small pilgrimage”(1). According to the Companion Abdullah ibn ‘Umar, the Prophet (€) went there every Saturday, on foot or on his camel(2) to accomplish a prayer of two Rak’āt(3). The Qubā’ mosque is also the first architectural manifestation of the Islamic civilization (Omer, 2010: 118). As soon as he arrived at the city of Yathrib, baptized from that day al-Madinah al-Munawarah (the enlightened city), the Prophet ( ) devoted himself to the realization of two major projects: the creation of a mosque (Ibn Hishām, 2000: 101; al-Balādhurī, 1987, 1: 12) as illustrated in Photo 1, and the establishment of a market (Ibn Zabālah, 2003: 239244; Al-Ali, 1967: 1119-1121). This only confirms the importance of the place of worship in social life. The order of succession, in this case the creation of a place of worship and a space for the exchange of goods, is not insignificant. As mentioned by André Miquel (1990: 121), an honorary professor at the Collège de France, “in our traditional imagination, we have for too long seen the Arabs as desert people. This was true before Islam and the towns born at the intersection of the great caravan routes were in fact the fixed tribes; Makkah, although it also became a religious center, was the perfect example. Islam has greatly changed this state of affairs by making the city the nerve center of the community for a very simple reason: the Friday prayer must gather believers and where can they be gathered, if not in a city? The mosque, moreover, is called Jāmi’, i.e. the « gatherer » and Friday is Jum’a, « the day of the gathering »” (1) Authentic Hadīth reported by al-Tirmidhi (Hadīth No. 324), Ibn Maja (Hadīth No. 1411); see: al-Albani (719 :1988). Sahīh al-Jāmi’ (Hadīth No. 3872). (2) Al-Bukhāri (Hadīth No. 1134) and Muslim (Hadīth No. 1399). (3) Al-Bukhāri (Hadīth No. 1136) and Muslim (Hadīth No. 1399). 18
8. Is the Waqf a Part of the Third Sector ? Photo 1. Representation in three dimensions of the Prophet’s mosque in Medina The mosque creates social links; the market makes it possible to exchange useful goods. The economic life of Medina was based mainly on agriculture, the essential foundation of civilization, which clearly reflects an excellent knowledge of the population of its physical, biotic, and sociocultural environment. Although the region was fertile and prosperous, it did not produce all that was needed. The date(1) crops produced by the palm, the most planted tree in the area, as illustrated in pictures 2 and 3, exceeded the local consumption, but the inhabitants needed wheat, barley, olive oil, tissues and cotton, among the basic necessities (Hamidullah, 1981: 51). Economy is embedded in the social structure, to use a formula of Karl Polanyi (1944), and humans have every interest in cooperating to feed their families and ensure the peaceful coexistence instituted by the Sahīfah of Medina, as a kind of constitution (Ibn Hishām, 2000: 107-111, al-Ali, 2003). (1) Among the dates gathered in the Prophet’s era in the sight of authentic Hadīth, there are: alAjwah and al-Hashaf (dried dates). 19
9. 17th year , No.33, Rabi 1 1349 / November 2017 Photo 2. Three-dimensional representation of the Prophet’s mosque (€) and surrounding areas full of palms Photo 3. Representation in three dimensions of the harvest of dates in Medina during the time of the Prophet (€) The building of the Qubā’ mosque sheds light on the three basic elements necessary for the construction of a human civilization: the Insān (man), the Turāb (soil) and the Waqt (time) (Bennabi, 2005: 65) as illustrated in Figure 2. 20
10. Is the Waqf a Part of the Third Sector ? Figure 2. The three essential elements for the building of civilization Civilization Man Soil Time Source: Bennabi (2006) The notion of civilization here reflects the social organization of a human society and its way of life within a given time period, proceeding in order of priority to distinguish the Dharūrī (indispensable) from the Hāji (necessary) and the Kamāli or Tahsīnī (which improves). As Ibn Khaldūn (1982: 214) rightly points out in his analysis of the development of human societies: “the indispensable is older than the necessary or which improves”. The indispensable is essential for life, necessary for existence, whereas which improves is secondary, even sometimes useless, if it brings nothing new or substantial. This has the merit of showing the limitations of the three factors that characterized economic thought: labor, time, capital (Daniel, 2016) as illustrated in Figure 3. Figure 3. The three factors that have influenced economic thought Economic Thought Labor Time Capital Source: Daniel (2016) 21
11. 17th year , No.33, Rabi 1 1349 / November 2017 The notions of philanthropy and volunteerism that are very popular in Anglo-Saxon literature concerning the third sector are articulated around these three factors: philanthropy refers mainly to the gift of money while volunteering is a gift of work and time. In the era of the “financialization of daily life” (Martin, 2002), this led to apprehending the Waqf from a purely financial point of view and to consider it ultimately as a constituent of Islamic social finance or the sector of non-banking Islamic financial institutions (Hasan et al., 2013: 27). Thus, by neglecting the history of social and economic facts during the prophetic period, some researchers in Islamic finance have come to empty the Waqf of its civilizational base, and restrict its multidimensional scope. Hence the need to reframe the weight of economic factors from a civilizational perspective as illustrated in Figure 4. Capital is not an end in itself, but just a means. Figure 4. The weight of economic factors from a civilizational perspective Civilization Man Soil Time Labor Capital Source: Prepared by the author In this perspective, contrary to the opinion of some historians of architecture (Stierlin, 2003, Nuttgens, 2005: 11), what is impressive about ancient mosques is not so much the aesthetic aspect as the durability of their social function as places of worship punctuated by the Adhān (calls to prayer), the five daily Salāwat (prayers), Jumua’ (Friday) prayer, Eid prayer, and prayer on the dead. The beauty of a building is therefore not the guarantee of its durability. It is the social utility that takes precedence. There is no Waqf better than another simply because of the immensity of the assets or income received as remuneration for the services rendered, as suggested by some theoreticians of the Waqf bank (al-Yahya, 2016). What is good for one region is not necessarily good for another region. 22
12. Is the Waqf a Part of the Third Sector ? V. The Waqf of Qubā’ predates the Constitution of the State and the Market in the History of the Islamic World In parallel to this epistemological posture, the Waqf is considered as a segment of the non-profit sector or the third sector (Arshad and Haneef, 2015, Yunanda et al., 2016), a constructed notion by opposition to two well-characterized sectors: the public sector (state regulation) and the private sector (market regulation). The term ‘third-sector’, often associated with other terms such as ‘non-profit sector’, ‘social economy’, ‘solidarity economy’, ‘quarter-sector’, and ‘third-system’ (OECD, 2003: 10), was forged by the American sociologist Amitai Etzioni, in his article “The third sector and domestic missions”, as a sector that is distinguished from both the public and private sectors (Etzioni, 1973: 315). If the name of the third sector defined by the expression “nor state nor market” refers to a sector that responds to a demand that neither the public nor the private sector can provide, it appears for some to be an antidote to commodification and bureaucratization (Dekker and Van den Broek, 1998: 15), and for others opens the way for a re-embedding of the economic in the social (Marchand, 1997). However, the third sector is not a homogeneous reality in which all actors embody values of solidarity and support for vulnerable and deprived people. In this sense, the emergence of the third sector appears to be linked to the market’s inability to reduce information asymmetries and the inability of the state to respond to minority demands (Hansmann, 1987), which are not reduced to a question of exclusion and poverty. The market, the State and the third sector are considered as distinct entities placed in separate compartments as illustrated in Figure 5 in the form of an inverted triangle. 23
13. 17th year , No.33, Rabi 1 1349 / November 2017 Figure 5. Illustration of the triptych ‘public sector / private sector / third sector’ Public sector
    Private sector Third sector Source: Prepared by the author The purpose of studying the biography of the Prophet (€), under the prism of the history of economic and social facts, is to show that the Waqf of Qubā’ predates the constitution of the State and the market of al-Madīnah alMunawarah as illustrated in Figure 6, where the triangle returns to its normal non-inverted form. The Waqf of Qubā’ cannot be considered as a third-sector constituent. Does not the term ‘third’ refer to what is added, to what is foreign to a set of two entities or to what is situated between two opposing entities? In this respect, it is rather the market that must be considered as a third sector. Figure 6. The institution of the Waqf by the Prophet (€) predates that of the State and the market
    Creation of the State in Medina Waqf of Qubā’ Creation of the market in Medina Source: Prepared by the author 24
14. Is the Waqf a Part of the Third Sector ? In the European literature on social and solidarity economy, the questioning of the notion of the third sector is linked to three main reasons: Firstly, it suggests a clear line of demarcation between the territories of the public and the market sphere and those of the social initiative (Evers, 1997). Secondly, it considers the third sector as a mere tool of the market economy and public power (Eme and Laville, 1999). In other words, it must serve the public sector, the private sector or both, as illustrated in Figure 7. Thirdly, according to the Anglo-Saxon approach, the third sector is limited to non-profit organizations, whereas the European approach includes mutuals, cooperatives, associations and foundations in reference to a solidarity project which can take many forms. Figure 7. Power dynamics around the third sector Public sector Private sector Third sector Source: Prepared by the author The study of the Prophet’s biography undermines this split representation of the relations between society, public authorities and the organization of economic life. In the Islamic tradition of the Ḥisbah (market organization), citizens must cooperate in all areas of daily life for the Bir (doing good works) and Taqwah (refraining from prohibitions) to maximize the benefits and minimize harms (Ibn Taymiya, 1980: 15), in accordance with the verse of the Qur’ān (5: 2): (Help each other in the Bir and the Taqwah and do 25
15. 17th year , No.33, Rabi 1 1349 / November 2017 not help each other in sin and transgression). Political power and the market are not ends in themselves. They are only tools to fulfill the divine rights and the human rights in accordance with the Hadīth Qudsī: “We have sent al-Māl (material goods) to accomplish Salāt (prayer) and give Zakāt (almsgiving)”. As the lawyer Ibn Qayyim al-Jawziyyah (2009: 314) rightly points out, the use of the Salāt in this verse refers to the rights of Allah and the Zakāt to the rights of creatures. Figure 8. Conceptual Model of Cooperation in the Bir and Taqwah (CBT) for maximizing benefits and minimizing harms
    CBT Establishment of the State in the city of Medina Establishment of the market in the city of Medina Source: Prepared by the author VI. Interest of the Conceptual Model ‘CBT’ Beyond Waqf As the historian Abd al-Aziz al-Duri notes (2003: 278-279), there is no explicit text specifying the jurisdiction of Waqf; the latter is inserted in a general way in the Infāq fī sabīl Allah in accordance with the verses of the Holy Qur’ān: (You will attain the (true) piety only if you make generosity of what you cherish) (Qur’ān, 3: 92), (And whatever you send forth for yourselves of good, you will find it with Allah) (Qur’ān, 2: 110), and in the Sadaqah Jāriyah (continuous almsgiving) and the Amal Sāleh (pious act) in accordance with the Hadīth of the Prophet (€): “When the son of Adam dies no further reward is recorded for his actions, with three exceptions: charity whose benefit is continuous, knowledge from which benefit continues to be reaped, and a virtuous child who prays to God for him” (1). (1) Muslim (Hadīth No. 1631). 26
16. Is the Waqf a Part of the Third Sector ? In view of the Muslim tradition, Waqf fits into the category of Sadaqah Jāriyah (continuous almsgiving), the Infāq fī Sabīl Allah (expense in the path of Allah), and in general the cooperation for Bir and Taqwah to maximize benefits and minimize harms. Every act of everyday life, small as it is, may become an Ibādah (worship), if it is accomplished with the intention of improving the quality of life of society and humanity as a whole (Saadi, 1994: 129). Ibādah is not limited to the strict respect of ritual practices; rather it encompasses all that God loves of words and acts, apparent or hidden. One day an Ansārī, i.e. a companion living in Medina, came to the Prophet (€) to ask for charity. The Prophet (€) asked him: “Don’t you have anything in your house?” “Yes, replied the man. “We have only a piece of cloth to clothe ourselves and cover the ground to sit down and a container for drinking”. The Prophet (€) asked him to present them to him. When the Ansārī came back with his belongings, the Prophet (€) presented them to the people around him: “Who will buy them?” he asked. “I take them for a dirham”, said one man. The Prophet (€) repeated again on two or three occasions: “Who increases?” “I buy them for two dirhams”, another said. The Prophet (€) gave him the effects and gave the two dirhams to the Ansārī, saying: “Buy for a dirham of food that you will give to your family, and a pickaxe with the second dirham, then come and see me”. When the Ansārī came back with the pickaxe, the Prophet (€) adjusted it so as to cut the wood and said to the man: “Go pick up some wood, sell it and come back to see me in two weeks”. The Ansārī executed this recommendation and returned after the prescribed time to find the Prophet (€) With the sale of wood, he obtained a gain of ten dirhams, part of which was devoted to the purchase of cloth and the other to buy food. The Prophet (€) said to him: “It is better to ask for charity, which will become a revealing scar on your face on the day of resurrection”(1). (1) Hadīth Sahīh li-Ghayrihi (authentic in regard to other narrations), reported by Abu Dawūd (No. 1641), Ibn Mājah (2198), al-Tirmidhī (1218); see: Abu al-Hasan Muhammad Hasan al-Sheikh. Taraju’ al-Albāni fīma Nasa ‘alayhi tashihan wa tadh’ifan, Riyad: Maktabat al-Ma’arif, 2003, p. 276-275. 27
17. 17th year , No.33, Rabi 1 1349 / November 2017 This narrative shows that it is better to support those who are able to work to start an entrepreneurial activity rather than to do them charity. The mobilization of resources for entrepreneurship is not limited to participatory financing as is suggested today by the dominant discourse on Islamic finance. For his part, the Caliph ‘Umar Ibn al-Khaṭtāb reported: “The Messenger of Allah, (€) ordered us to give charity and at the time I possessed some wealth. I said to myself, “If there is a day I can do better than Abu Bakr, then this is the one.” So I went with half of my wealth to the Messenger of Allah and he said, “What have you left for your family?” I said, “The same amount.” Then Abu Bakr came with everything he had. The Prophet said, “O Abu Bakr, what have you left for your family?” He said, “Allah and His messenger.” I said, “By Allah, I will never do better than Abu Bakr” (1). This narrative illustrates cooperation in Bir and Taqwah when the state revenues are insufficient to meet the needs of society. The head of state can consecrate, in turn, incomes to pious works as evidenced by the seven palm gardens offered by the Prophet (al-Khuzā’ī, 1985: 561-566). VII. Conclusion Three major results emerge from this study: First, in the Muslim tradition, the Waqf, through the construction of the Qubā’ mosque near the Banu ‘Amr Ibn Awf tribe, appeared before the creation of the State and the market in the city of Madīnah. As a result, the Waqf cannot be considered as a constituent of the third sector. Secondly, the building of the mosque of Qubā’ by the Prophet (€) and his companions was done with stones, clay, branches and palm leaves, i.e. with materials from the local environment. Hence the limits of the discourse according to which the Waqf is a financing instrument and, consequently, a constituent of social Islamic finance and the non-banking Islamic financial sector. This confirms Malek Bennabi’s analysis of the three factors essential to all human civilization: Man, soil and time, compared to mainstream economics based on labor, time and capital. (1) Hadīth Hasan reported by al-Tirmidhī (3675); see: al-Albāni, Sahīh Sunan al-Tirmidhī, Riyad: Maktabat al-Ma’arif, 2000, Volume 3, pp. 507-506. 28
18. Is the Waqf a Part of the Third Sector ? Finally, if in the Anglo-Saxon tradition the third sector reflects a vacuum abandoned by the private sector and abandoned by the State, in the Muslim tradition all the actors of society are called to Cooperate (C) for the Bir (B) and the Taqwah (T) in order to maximize benefits and minimize harms. Hence the interest of the conceptual model ‘CBT’ which deserves to be deepened and enriched. In view of these three major results, the following is recommended: First, to conduct an in-depth study on the Waqf of Qubā’ which until now has not received the attention it deserves. Secondly, to deepen the conceptualization of the Waqf to confront different points of view in order to arrive step by step at a trend favorable to a cumulative process. Finally, to carry out a study on the following problem: Is the Waqf a constituent of the social and solidarity economy? 29
19. 17th year , No.33, Rabi 1 1349 / November 2017 References Al-Albani, Muhammad Nasir-ud-Dīn (1914-1999) (2000). Sahīh Sunan al-Tirmidhī, Riyad: Maktabat al-Ma’arif. Al-Albani, Muhammad Nasir-ud-Dīn (1979). Mishkāt al-Masābih, Beirut : al-Maktab al-Islami. Al-Albani, Muhammad Nasir-ud-Dīn (1988). Sahīh al-Jāmi’ al-Saghīr wa Ziyādatihi, Beirut : al-Maktab al-Islami. Al-Ali, Saleh (1918-2003) (1986). Mutalabāt al-Bahth al-’Ilmī [The Requirements of Scientific Research], Majallat al-Majma’ al-’Ilmī al’Iraqī, September. Al-Ali, Saleh Ahmed (1967). Khitat al-Madinah al-Munawarah [Urban Planning of al-Madinah al-Munawarah], Majalat Al-Arab, Vol. 12, September, pp. 1057-1122. Al-Ali, Saleh Ahmed (2003). Sahifat al-Rasul (€) li-Ahl al-Madinah: Dirasah li-Muhtawaha wa Dalalatiha ‘ala Tandhimihim [The Constitution of the Prophet Muhammad (€) for the people of Medinah: A study of the content and significance of their Organization], Majalat Majma’ Allugha Al ‘Arabiya Al-Urduni, January, pp. 11-23. Al-Balādhurī, Aḥmad (d, 892) (1987). Futūh al-Buldān [The Origin of the Islamic State], Beyreuth: Muassassat al-Ma’arif, Beyreuth: Muassassat al-Ma’arif. Al-Duri, Abd al-Aziz (1919-2010) (2007). Mustqabal al-Waqf fi al‘Alam al-Arabi [The Future of Waqf in the Arab World], in Papers on Arab History and Culture, Volume II, Papers on Economic History, Beyreuth: Dar al-Gharb al-Islami, pp. 278-309. Al-Hujayli, Muhammad (2009). Al-Awqāf al-Nabawiyyah wa Awqāf al-Khulafā’ al-Rashidīn [Prophetic Awqāf and the Awqāf of the Orthodox Caliphs], Beirut: Dar al-Kotob al-’Ilmiyah. Al-Hujayli, Muhammad (2009). Al-Awqāf al-Nabawiyyah wa Awqāf al-Khulafā al-Rashidīn [Prophetic Awqāf and the Awqāf of the Orthodox Caliphs], Beirut: Dar al-Kotob al-Ilmiyah. 30
20. Is the Waqf a Part of the Third Sector ? Al-Khuzā’ī, Ali ibn Muhammad (1310-1387) (1985). Takhrīj alDalalāt al-Sam’iyah ‘ala mā Kāna fī ‘Ahdi Rassul Allāh mina al-Hiraf wa-al-Sanāi’ wa al-‘Umalāt al-Shari’yah [Exploration of the Evidences that have come down to us on what was at the time of the Messenger of Allah as Craft and Industrial Trades and Legal Administrations] Beirut: Dar al-Gharb al-Islami. Al-Mubarakpuri, Safi-ur-Rahman (1996). Ar-Raheeq al-Makhtūm [The Sealed Nectar], Riyadh: Maktaba Dar-us-Salam. Al-Saadi, Abdul Rahman (1889-1956) (1994). Al-Riyadh al-Nadhira wa al-Hadaiq al-Nairah al-Zahirah fi al-‘Aqaid wa al-Funun al-Mutanawi’ah [The pleasant park, the illuminated and flowered gardens concerning beliefs and the various arts], Beirut: Alam al-Kutub. Al-Sheikh, abu al-Hasan Muhammad Hasan (2003). Taraju’ al-Albāni fīma Nasa ‘alayhi tashihan wa tadh’ifan, Riyad: Maktabat al-Ma’arif. al-Ṭabarī, Muhammad ibn Jarīr (838-923) (1987). Tarīkh al-Ṭabarī [The history of al-Ṭabarī], Beirut: Dar al-Kotob al-’Ilmiyah. Al-Umari, Akram Dhia (1994). Al-Sīrah al-Nabawiyah al-Sahīhah [Authentic Biography of the Prophet Muhammad], Al-Madinah alMunawarah: Maktabat al-‘Ulum wa al-Hikam. Al-Umari, Akram Dhia (1997). Al-Hayāt al-Iqtisādiyah wa alIjtimā’iyah fi ‘Asr al-Nubuwah [The Economic and Socila Life in the Prophetic Era], Riyad: Dar Ishbiliyah. Al-Yahya, Fahad (2016). Al-Bank al-Waqfi [The Waqf Bank], al-Qasim: Markaz al-Khayr al-Baqi li-al-Awqaf wa al-Wasayah. Arshad, Mohd Nahar Mohd and Haneef, Mohamed Aslam Mohamed (2015). Repositioning Issues of Waqf as a Third Sector Organisation into The Mainstream Economy, Asia Pacific Awqaf Congress, Organized by Awkaf Australia & Sydney University Law School, Sydney, 15-17 April. Bennabi, Malek (1905-1973) (2005). Les conditions de la renaissance [The conditions of the rebirth], Alger : Editions ANEP. Burckhardt, Johann Ludwig (1784-1817) (1835). Voyages en Arabie, traduits de l’anglais par J.-B.-B. Eyriès, Paris : A. Bertrand. 31
21. 17th year , No.33, Rabi 1 1349 / November 2017 Caussin de Perceval, Amand-Pierre (1795-1871) (1848). Essai sur l’histoire des arabes avant l’islamisme, pendant l’époque de Mahomet et jusqu’à la réduction de toutes les tribus sous la loi musulmane, tome 3, Paris : Firmin Didot frère. Clark, J. T. (1959) The Philosophy of Science and the History of Science, in Marshall Clagett (ed.). Critical Problems in the History of Science, Madison: University of Wisconsin Press, pp. 103-140. Corm, Georges (2009). L’Europe et le mythe de l’Occident [Europe and the Myth of the West], Paris: Le Decouverte. Daniel, Jean-Marc (2016). Trois controverses de la pensée économique: Travail, capital, temps [Three Controversies of Economic Thinking: Work, Capital, Time], Paris : Odile Jacob. Dekker, Paul and Van den Broek, Andries (1998). Civil Society in Comparative Perspective: Involvement in Voluntary Associations in North America and Western Europe, Voluntas, vol. 9, n° 1, mars, 11-38. Delaporte, Pacifique-Henry (1815-1877) (1874). Vie de Mahomet, d’après le Coran et les historiens arabes, Paris : E. Leroux. Eme, Bernard and Laville, Jean-Louis (1999). Pour une approche pluraliste du tiers secteur [For a pluralistic approach of the third sector], Nouvelles pratiques sociales, Vol. 11/12, n°1/2, pp. 105-125. Etzioni, Amitai (1973). The third sector and domestic missions, Public Administration Review, Vol. 33, No. 4, July-August, pp. 314-323. Evers, Adalbert (1997). Le tiers secteur au regard d’une conception pluraliste de la protection sociale [The third sector in view of a pluralistic conception of social protection], in: Mission recherche expérimentation du ministère des Affaires sociales (MIRE). Produire les solidarités: la part des associations. Paris: Fondation de France, pp. 51-62. Evers, Adalbert and Laville, Jean-Louis (2003). The Third Sector in Europe (Globalization and Welfare), New Hampshire: Edward Elgar Publishing. Godelier, Maurice (2010). Au fondement des sociétés humaines [At the foundation of Human Societies], Paris: Flammarion. 32
22. Is the Waqf a Part of the Third Sector ? Hamidullah, Muhammad (1908-2002) (1982). Le village arabe au temps du Prophète de l’Islam (569-632) [The Arab Village at the Time of the Prophet of Islam (569-632)], Les communauté rurales, Recueils de la Société Jean Bodin, XLII, pp. 37-57. Hansmann, Henry (1987). Economic Theories of Nonprofit Organizations, in Powell, W.W. (Ed.), The Nonprofit Sector: A Research Handbook, Yale: Yale University Press, pp. 27-42. Hasan, Kabir, Kayed, Rasem and Oseni, Umar (2013). Introduction to Islamic Banking and Finance: Principles and Practice, London: Pearson. Huart, Clément (1854-1926) (1912). Histoire des arabes [History of the Arabs]. Tome 1, Paris: P. Geuthner. Ibn Hisham, ‘Abd al-Malik (691-743) (2000). Al-Sirat Ibn Hisham, Biography of the Prophet, abridged by Abdul Salam M. Harun, Cairo: alFalam Foundation. Ibn Isḥāq, Muḥammad (704-768) (2004). The Life of Muhammad, with the introduction and notes by A. Guillaume Oxford. Oxford University Press. Ibn Kathir, Ismail (1301-1373) (2006). The Life of the Prophet Muhammad, translated by Professor Trevor Le Gassick, Reading: Garnet Publishing Limited. Ibn Khaldun, Abdul Rahman (1332-1406) (1982). Al-Muqadimah, Beirut: Dar al-Kitab al-Lubnani – Dar al-Madrassah. Ibn Qayyim al-Jawziyya, Shams al-Dīn (2009). ‘Uddat al-Sabirīn wa Dakhīrat al-Shakirīn [The provision of patients and the ammunition of those who are grateful], Makkah: Dar ‘Alam al-Kutub. Ibn Taymiyyah, Taqī ad-Dīn Aḥmad (1263-1328) (1980). Al-Hisbah fī al-Islām [The Hisbah in Islam], Riyadh: Manshurat al-Muassassah alSa’idiyah. Ibn Zabālah, Muhammad ibn Hasan (d. 814) (2003). Akhbār al-Madīnah [The News about the city of Madīnah], Madinah: Madinah Research and Studies Center. Irving, Washington (1865). Vie de Mahomet, traduit de l’anglais par Henry Georges, Paris : A. Lacroix, Verboeckhoven et Cie. 33
23. 17th year , No.33, Rabi 1 1349 / November 2017 Kazimirski Biberstein, Albin de (1808-1887) (1852). Le Koran, Nouvelle édition entièrement revue et corrigée ; augmentée de notes, commentaires et d’un index, traduction nouvelle faite sur le texte arabe, Paris: Charpentier. Lamartine, Alphonse de (1790-1869) (1863). Œuvres complètes, Histoire de la Turquie, tome 23, Paris : Chez l’Auteur. Le Clerc, Jean (1723). Bibliothèque ancienne et moderne : pour servir de suite aux Bibliothèques universelle et choisie, Amsterdam : Chez les Frères Wetstein. Marchand, Alain (1997). Tiers-secteur et Quart-Etat, [Third Sector and Quarter-State], Futur Antérieur, n°41-42, pp. 91-112. Martin, Randy (2002). Financialization of Daily Life, Philadelphia: Temple University Press. McChesney, R.D (1990). Waqf in Central Asia. Four Hundred Years in the History of a Muslim Shrine, 1480-1889, Princeton: Princeton University Press. Miquel, André (1990). L’Orient d’une vie [The Orient of a Life], Paris: Payot. Muir, Sir William (1819-1905) ([1861] 1923). The Life of Mohammad from original sources, Edinburgh: John Grant. Nuttgens, Pattrick (2005). Histoire de l’architecture [History of Architecture], Paris : Phaidon. OECD (2003). The Non-profit Sector in a Changing Economy, Paris: Organisation for Economic Co-Operation and Development. Omer, Spahic (2005). The Prophet Muhammad (SAW) and urbanization of Madīnah, Kuala Lumpur: International Islamic University Malaysia. Omer, Spahic (2010). Some Lessons from Prophet Muhammad (SAW) in Architecture: The Prophet’s Mosque in Madīnah, Intellectual Discourse, Vol. 18, No. 1, pp. 115-140. Polanyi, Karl (1886-1964) ([1944]2001). The Great Transformation: The Political and Economic Origins of Our Time, Boston: Beacon Press. 34
24. Is the Waqf a Part of the Third Sector ? Rist, Gilbert (2007). Le développement: Histoire d’une croyance occidentale [Development: History of a Western Belief], Paris: Presses de Sciences Po. Shawqi, Abu Khalil (2003). Atlas of the Qurʼân : places, nations, landmarks: An authentic collection of the Qurʼânic information with maps, tables and pictures, Riyad: Darussalam. Sprenger, Aloys (1813-1893) (1865). Das leben und die lehre des Mohammad; nach bisher grösstentheils unbenutzten quellen bearb, Berlin: Nicolai sche Verlagsbuchhandlung (Gustav Parthey). Stierlin, Henri (2003). L’Architecture de l’Islam: Au service de la foi et du pouvoir [The Architecture of Islam: Serving Faith and Power], Paris : Gallimard. Yunanda, Rochania Ayu, Shafii, Zurina and Tareq, Muhammad Ali (2016). Accountability of Islamic Based Non-Profit Sector: The Case of Waqf Organizations, Jurnal Ekonomi dan Bisnis Islam, Vol. 2, No. 2, JuliDesember, pp. 105-124. 35 View publication stats