Administration of Islamic affairs(waqf/endowments, hajj,

zakat, mosque..) in Algeria

Presented by

Dr. Aziez Salaheddine

Bessami.doc@gmail.com

Content

• Introduction • History of Islam in Algeria• The Ministry of Religious Affairs and awqaf• Supreme Islamic Council• Administration of waqf• Administration of zakat• Hajj and Umrah• the institution of the mosque• Administration of masjid• Administration of Judgment/kada• conclusion

Introduction

• Islam is a comprehensive way of all details in our life,which covers all aspect of human life and activitiesincluding the administration of organization or institution .

• In Islam, the administration plays the main role for thesuccess of muslims’ organization. the Islamic principlesin administration provide a more comprehensive system asthey incorporate both moral and spiritual dimensions.

• The basic principles of Islamic administration are extractedfrom the primary and secondary sources of shariah.

• Islamic principles of administration do not merely serve as aconcept or theoretical aspect in the Islamic administration butrather as a very practical tool in serving the needs of anyorganization in facing the challenges of this new globalizationera.

background of Islamic administration in Algeria

• In Algeria the vast majority of citizens are Sunni Muslims belonging to Maliki school of jurisprudence . resident Christians, numbering less than 1% of the population, are mainly foreigners.

• Islam was first brought to Algeria (Algeria was known as middle maghreb) by the Umayyad dynasty following the Islamic conquests by Uqba ibn Nafi (62H/seventh century).

• Algerian state was founded in 1516 by two brothers Khaireddin and arujbarbarus(origins of turk).at the stage the islamic affairs ruled by the Ottomans empire.

• The basic components of the identity of Algerian people are Islam, Arabite and berberite.

• Algeria now is a republic of western North Africa with a population of 35 million. It is the second largest country in Africa in terms of area (2381741 square KM) .

Islamic Administrationin the colonial period 1830-1962

• The French Colonial period 1830-1962.

• The war of independence which culminatedthe end of 132 years of struggle against one ofthe most cruel colonization projects inhistory.

Cont..

French law:• Muslims could not hold public meetings, or leave

their homes or villages without permission.• Legally, the indigene became without their full

rights unless they renounced Islamic law. Few did so.

• The land of Islamic charitable (habus/wakaf) was confiscated.

• The traditional Quranic schools and zawias.. were was closed ,or destroyed,

Cont..

• Indeed French colonizers, driven by destructivecraving for domination, implemented a highlyadvanced acculturation policy based on a culturalpolicy of colonization designed and reflected at thehighest state circles [Camille Riesler, 2004].

• Eradication of sharia law

• Implementation of Napoleonic code

Islamic Administrationafter independence(1962)

• The first founder text of the Algerian nation beingused as the goal of the fight for national liberation:"The establishment of the sovereign democraticsocial Algerian state within the framework ofIslamic principles" [The Declaration of November 1,1954]

• Article 2 of constitution(1963/1989/1996/2008): Islam is the religion of the state.

Administration of Islamic affairs

A I A:

divided in three main bodies

Supreme Islamic Council

Ministry of Religious Affairs:

-Managing or organizing affairs and religious rites of the population of Algeria.

-Oversees the activities of adherents of other religions approved.

The judiciary(kada) is divided into:

- laws of individual and family

circumstances derived from the

Islamic shariah law.

- Civil laws derived from Napoleon law.

Supreme Islamic Council

• Supreme Islamic Council is an independent constitutionalinstitution.

• according to the Constitution of 1989, Article 161: the high IslamicCouncil, is established directly by the President of republic.

• Islamic Supreme Council appoints president from among itsmembers.

• Islamic Supreme Council consists of 15 members, including apresident appointed by the president of the republic from amongthe top national competencies in various fields of science.

• The Constitution defines the functions of the Supreme IslamicCouncil in legal advice,

• And the diligence required by contemporary Islam in facing theproblems due to social changes and major cultural.

Cont..

• Basic objectives:

• Issuing fatwas• Training and religious education• Dissemination of correct Islamic culture• contribute to the development of Islamic thought and ijtihad• Develop thinking and diligence.• Make Islam immune from political practices.• Provide for all matters related to Islam that allows corrects

erroneous perceptions and highlight the real foundations and thecorrect understanding.

• Religious guidance and dissemination of Islamic culture insideand outside the country.

The Ministry of Religious Affairs

M R A

MASJID WAKF/HUBUS HADJJ ZAKAT

Cont..

• The Ministry of Religious Affairs controlled anestimated 15,000 public mosques.

• Imams were trained, appointed, and paid by thegovernment, and the Friday khutba, was issued tothem by the Ministry of Religious Affairs.

• That ministry also administered religiousproperty, the habus, provided for religiouseducation and training in schools, and createdspecial institutes for Islamic learning.

Administration of Mosque/masjid/djamii

Mosque manages

solat

-Quran madrasa

-literacy

-Guidance

Zakat found Education Hajj

Cont..

• The first administrator is the Imam appointed by the Directorate ofReligious Affairs.

• Assisted by Religious Committee.

Important tasks for Imam:• Ensures Imam peaceful responsibility to its employees, and works

on religious, cultural, scientific and social activities.

Important functions of the Committee:• The role of the construction and renovation of mosques.• Furnishing• Maintaining mosques libraries.• provide section for the memorization of the Holy Quran. And

housing for imams and muezzins and teachers of the Quran.

The Institution of the Mosque

• Established in each wilaya by ministry for themanagement and organization of waqf.

• Mosque is public waqf in accordance withArticle II of the Executive Decree 91/89 dated23/03/1991.

Cont..

Consists of four councils and Office approved by theMinister:

1- Scientific Council2- Council of Building and processing3- Council of ikra and Education4- Council of subul khayrat ( good things)

With regard to the Office of the institution of the mosque iscomposed with the Trustees of the four Councils and isheaded by Nazir of Religious Affairs.

Cont..

• Main Tasks of Mosque institution:

- Care of The construction of mosques andQuranic schools .

- Care of The architecture of mosques.

- Protection of the sanctity of mosques andprotect their property.

- Activate the movement of waqf andrationalizing investment of awqaf.

Administration of Waqf=Hubus=Tasbil

• before ottoman empire

• Ottoman Empire period

• the last period of ottoman empire

Pre-colonial period

(before 1830)

•policy of elimination of waqf

Colonial period

(1830-1962):

•Process of waqfPost-colonial:

Independence(1962)

Pre-colonial period(before 1830)

before ottoman empire(...-1516): few information, wilayatwakf(nazarat wakf) was under waqif or mawquf alaih or kadi…

Ottoman Empire period Worked on:• Stabilize endowments through the appointment of principals of

endowments(nazir) who perished.• also takes specific importance for the wakaf of the Two Holy

Mosques , when has assigned its management to kadi-kodat.the last period of ottoman empire : was characterized by Institutional

structure for the management of endowments:• Awqaf institution of Two Holy Mosques• awqaf institution of algerian Great Mosque• awqaf institution of subul khayrat• awqaf institution of bayto mal• awqaf institution of people of Andalusia

Colonial period(1830-1962):

French administration acted in accordance with theruler's policy on the issuance of a number of laws anddecrees And consecutive decisions to eliminate waqf (Endowments), we mention the most important:

• Resolution dated September 8, 1830

• Decree issued on December 7, 1830

• Resolution dated October 1, 1844

• Decree of the October 30, 1858

• In the final Act of 26 July 1873 came project "warnnier:final liquidation of the Waqf Properties.

Post-colonial:Independence(1962)

After independence there was not of Wakf, thereal property is divided into four categories:

- state property,

- property belonging to the occupant (colonizer)

- property belonging to the private ownership ofsome of the Algerians,

- property without ownership.

Cont..

The establishment of the administration of Awqaf passedthrough phases:

• Of the year 1962 - 1984, there is no special law forendowments.

• The first special law of Waqf, was the Law No. 84/11dated 06.09.1984 .

• Constitution of 1989, which recognized in article 49Proprietary endowment: founded the constitutionalprotection for waqf.

• Confirmed this Protection of the constitutionalamendment of 1996 under Article 52.

Endowment management structurethe Ministry of

Religious Affairs

Committee(lajna) of Endowments

The directorate of Awqaf, Zakat, Haji

and omra

Directorate of Religious Affairs and Awqafand institution of mosque

Agent (waqil)of Awqaf

the supervisor(nazir) of waqf

General Inspectorate

(mufatichiah)

Committee of Endowments

• Established by a resolution of the Minister of Religious Affairs,which determines his composition and functions .

• This Committee is primarily responsible for the waqf of propertyafter the minister, who is working under his authority.

• The most important tasks:- The settlement of the status of public and private properties of waqf.- The settlement of the status of all the land of wakf allocated for the

construction of mosques and religious projects....Within the generalendowments

- The settlement of the status of waqf properties which became thepublic waqf after interruption the inheritor (Which was privateendowments).

General Inspectorate

Are under the authority of the minister, hisfunction are: monitoring visits andinspections, Focused on the follow-up toexploit the endowment property projects andinspect and prepare periodic reports on theSent by the Inspector General to the Ministerin accordance with the provisions of Article 4of the same Decree 2000/371 dated18/11/2000.

The Directorate of Awqaf, Zakat, Hajiand Omra

• Under the authority of the minister, which brought about under thetext of Article III of the Executive Decree No. 05/146, dated07/11/2005.

• The following main tasks:- Find Waqf of properties, registration and ensure publish it and

counting.- On the management of Waqf properties and investment and

development programs.- Follow up the collection of waqaf properties and to identify ways of

dispensing.- Improved financial management and encouraging awaqaf.

- Ensure the amanah of Waqf Properties Committee .

Directorate of Religious Affairs and Awqaf and institution of mosque

1- Directorate of Religious Affairs and Awqaf :

we find it in each wilaya(48), Ensures to manageendowment property, protection and search andinventoried and documented Administratively inaccordance with the applicable regulation:[Article 10 of the Executive Decree 98/381].

2-institution of mosque :Activate endowmentmovement and rationalizing of investment ofawqaf

Agent (wakil) of waqf

• His duties under the supervision of theDirectorate of Religious Affairs and Awqaf,watching locally site endowment, and followsthe work of supervisor Waqf property andmonitored in accordance with Article 11 ofExecutive Decree 98/381

The supervisor(nazir) of waqf

• His function is The management WaqfProperties: exploited, save, protect him.

According to Article 33 of the Endowments Act91/10

The National diwan (Office) of Hajj and Umrah

• The establishment of the National diwan ofHajj and Umrah by executive decree No. 349-07 amended and supplemented on17November 2007.

• Public institution of an industrial andcommercial nature.

• managed by general manager and It is underthe tutelage of the minister of religiousaffairs and endowments.

Cont..

The diwan consists of:

• A representative of the prime minister,• A representative of the Minister in charge of the Interior and Local

Communities,• A representative of the minister in charge of foreign affairs,• A representative of the Minister of Finance,• A representative of the Minister in charge of Health and Population

and Hospital Reform,• A representative of the minister in charge of transport, a

representative of the Minister in charge of tourism,• Director in charge of Hajj and Umrah,• A representative of the Bank of Algeria.

main tasks of the national diwan of hajj and umrah:

• physical and human preparation for the Hajj operation inside and in the holy Bekaa.

• Data collection on the process of pilgrimage.• physical organization of demonstrations, seminars and meetings related to

the process of pilgrimage.• Participate in the selection of officers in charge of the pilgrims service and

determine their number and evaluation of their activities.• The development of exchange relations and cooperation with national or

foreign bodies that operate in Hajj and Umrah.• evaluation processes.

The diwan provide also quality services to the mutamirines through travel agencies, tourism and various dealers In this context, the following tasks:

• Data collection on the process of Umrah, processing and utilization.• Choose officers in charge of mutamirines inside and the holy Bekaa.• Ensure proper administration umrah.• ensure the return of mutamirines after the expiration of the period

prescribed for the Umrah.

Administration of Zakat

• Zakat Fund institution:Is a religious social institutionoperates under the supervision of the Ministry ofReligious Affairs and Endowments, established in 2002.

• The role of the Zakat Fund in the reduction of poverty andunemployment by financing small and medium enterprises

• Managed by The religious affairs ministry: according to hisinstruction: steps of collection and distribution.

• collection:• zakat should to be given to mosque commissions or putting

it in Zakat funds that is located in each official mosque.• the money must not be kept in mosques. Imams should

account and transfer it to Zakat Fund current account.

Distribution of Zakat

Detail of distribution of Zakat:

collect greater than 5 million dinars

• 50% of the poor and needy

• 12.5% of employees (amil) and zakat activity.

• 37.5% of the investment and loan Hassan

Collect less than 5 million dinars

• 87.5% of the poor and needy

• 12.5% of employees (amil) and zakat activity.

Cont..

Distribution:Mosque commissions determined priorities in granting

Zakat money.• Widows with their children come first• followed by divorced women with children.• Each family’s quota is defined according to money

value collected in their area.

note: Majority given zakat an individual manner, awayfrom official channels, lack of confidence on themanagement of zakat.

conclusion

it can be said that indeed the Islamicprinciples of administration can give massiveimpact to the betterment of any organization,its leader, managers and employees for the lifein this world and Hereafter.

Thank for Your Attention!