Colonial Capitalism and Rural Class Formation (ص 74)

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Colonial Capitalism and Rural Class Formation (ص 74)

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namely those lands put under the trusteeship of religious bodies
(Warriner, 1966; Firestone, 1975; Zureik, 1979), Waqf land actually
was a more complex category. Waqf was present in almost all the
countries of the Ottoman Empire. In Egypt, for example, vast areas of
land were put under this form of tenure (Barakat, 1975; Saleh, 1979).
Wagf land was not an independent category. Land which was
originally Amiri or Mulk could be turned into Waqf, that is, confined
to specific individuals or charitable institutions. Thus Wagf emerged
aS away to ensure that land ownership could be confined to certain
individuals chosen by the original owner. "Mawgufa" land, that is the
act of putting it into the Waqf category, represents a political
move designed to exclude certain individuals from the right of
inheritance (Barakat, 1975). Waqf can also be seen as a mechanism for
the legalization of gender discrimination. As one author observed:
It is a customary practice for the rich in our
country to exclude their female children
or unwanted male ones from inheritance.
(al-Murr,1924:18)
Moreover, for small land owners, the move to place the land in the
Wag ft category could also serve aS a mechanism to avoid the
parcellization of land which would eventually occur due to
inheritance.
Most Waqf land in Paiestine belonged to a sub-category known as
"“Waqf Takhsis or Ghair-Sahih". Unlike "Waqf Sahih", where individually
held land, originally from the Mulk category was turned into Waqf,
Waqf Takhsis or Ghair-Sahih" land originated in the Amiri category. In
such cases, land was allocated by the state to charitable or religious
institutions, such as Mosques, Churches, Monasteries and the like.
While ownership rights over this land were formally retained by the
60
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Colonial Capitalism and Rural Class Formation

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