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5 - Waqf Corruption and Its Degradation of Civic Life

from Part II - Persistent Social Atomization

Published online by Cambridge University Press:  20 July 2023

Timur Kuran
Affiliation:
Duke University, North Carolina
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Summary

Every Islamic waqf that adhered to its deed eventually became dysfunctional because of unanticipated changes in conditions. But not all waqfs were managed rigidly. Relaxed legal interpretations enabled waqf caretakers to depart, albeit within limits, from the founder’s instructions. But courts had the final say on whether a caretaker was complying with the deed and, insofar as he was not, whether his exceptions were justified. A judge could rule that the founder, were he alive, would have authorized certain changes that the deed did not explicitly allow. Alternatively, he could treat them as incompatible with the waqf’s spirit. He was thus the arbiter of what resource reallocations were legal. Unsurprisingly, this judicial privilege was abused. Judges commonly withheld permission for a managerial or financial adjustment until they were bribed. So central was the waqf to the region’s premodern economy that efforts to transgress its rules promoted a culture of corruption. Our primary interest here lies in the political consequences. In societies with rampant corruption, individuals tend to solve their problems with the state through bribery and reciprocal favors. They find personal solutions easier than trying to form coalitions with others facing similar challenges. Civil society suffers.

Type
Chapter
Information
Freedoms Delayed
Political Legacies of Islamic Law in the Middle East
, pp. 77 - 88
Publisher: Cambridge University Press
Print publication year: 2023

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