What is Waqf?
Hamas is claiming Palestine is an Islamic Waqf so it is important to understand what that actually means.
In contrast to the common law of non-Islamic countries, an Islamic ‘Waqf’ is any property or real estate eternally dedicated ‘in the name of Allah’ through a ‘restricted’ endowment. Waqf property uses vary and may include such things as ‘accumulating funds for Allah’s cause’, constructing a cemetery or building a mosque.(i) It is the act of gifting, not the property itself, that is pious and brings eternal reward.
Once a property is transferred into Waqf, ownership rights terminate. Neither a giver, nor the state can ever change the Waqf status which is irrevocable, inalienable and expected to continue in perpetuity. While the basis for Waqf is found in Islamic doctrine, today it is usually regulated by a Waqf board and may be subject to Sharia accounting standards.
In India last year, an entire village discovered that the Waqf board claimed ownership of all – including their temple (ii).
Which brings us to Israel, the Hamas charter (below) and it’s reference to Waqf.
While the area of Palestine was part of the Ottoman Empire, it was never a recognized country with borders. And although the list of Ottoman conquests is lengthy, including most of Greece, Hungary, Armenia, Egypt and Iraq, it did fall just as other empires have fallen.
Many of these areas are still under Islamic authority, but not all - such as Israel, where every resident, regardless of race or creed, was immediately granted Israeli citizenship with full rights and privileges when the country was created. It has been the target of Islamic jihad ever since.
It is worth remembering that at one time Spain was also under Islamic rule and that with Islamic authority comes Sharia. This does not always work out so well for non-Islamic residents, such as the current crisis in Armenia and ongoing situation in Iraq where ancient indigenous non-Islamic peoples are also victims of jihad, and genocide. (iii)(iv)
Hamas Covenant 1988, Article Eleven:
“The Islamic Resistance Movement believes that the land of Palestine is an Islamic Waqf consecrated for future Moslem generations until Judgement Day. It, or any part of it, should not be squandered: it, or any part of it, should not be given up…
This is the law governing the land of Palestine in the Islamic Sharia (law) and the same goes for any land the Moslems have conquered by force, because during the times of (Islamic) conquests, the Moslems consecrated these lands to Moslem generations till the Day of Judgement.
This Waqf remains as long as earth and heaven remain. Any procedure in contradiction to Islamic Sharia, where Palestine is concerned, is null and void.”
PHOTO: ‘A’ area road sign in Israel.
Palestinians are free to enter - but for their own safety, Jewish residents are forbidden
Sources:
(1) Koran 20.6 https://legacy.quran.com/20/6
(2) Koran 13:41 https://legacy.quran.com/13/41
(3) Hadith (Muslim 1632a) https://sunnah.com/muslim:1632a
(4) Hadith (Bukhari 2772) https://sunnah.com/bukhari:2772
(5) Hadith (Bukhari 2737) https://sunnah.com/bukhari:2737
(6) Hadith (Bukhari 2313) https://sunnah.com/bukhari:2313
(7) Hadith (Bukhari 3059) https://sunnah.com/bukhari:3059
(8) Hadith (Bukhari 3012) https://sunnah.com/bukhari:3012
(9) Hadith (Ibn Majah 2397) https://sunnah.com/ibnmajah:2397
(i) Waqf – modern guide: https://guidingfriend.com/Waqf-board-land-property/
(ii) Hindustan Times https://www.hindustantimes.com/india-news/in-tamil-nadu-Waqf-board-claims-ownership-of-an-entire-village-there-s-a-temple-too-101663245541768.html
(iii) Armenia: https://www.ncregister.com/cna/armenian-christians-trapped-and-facing-genocide-an-explainer
(iv) Iraq: https://www.bbc.com/news/world-middle-east-48333923
(10) Hamas Covenant: https://avalon.law.yale.edu/20th_century/hamas.asp
(11) ‘Shari’ah Standards’ The Accounting and Auditing Organization for Islamic Finance 2015. See Waqf - p.809-838 https://aaoifi.com/shariaa-standards/?lang=en#
(12) Grief, Howard, ‘The Legal Foundation and borders of Israel under International Law’ Mazo Pub 2011
(13) Shahom, Ron ed. “Law, Custom, and Statute in the Muslim World” Reiter, Yitzhak Chap. 9, Brill Pub., 2007
(14) https://en.wikipedia.org/wiki/List_of_Ottoman_conquests,_sieges_and_landings
(15) https://en.wikipedia.org/wiki/West_Bank_Areas_in_the_Oslo_II_Accord
(17) Israel Declaration Paragraph 13: https://idi.theicenter.org/sites/default/files/Handout%203a-%20Israel%E2%80%99s%20Declaration%20of%20Independence%20-%20English%20Translation/index.pdf
(18) India Times: https://www.indiatimes.com/explainers/news/what-is-waqf-act-and-who-owns-the-waqf-land-in-india-567556.html