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Jurisprudence of water management and the protection of the environment in the Islamic waqf system

Jurisprudence water management and environmental protection
In the system of the Islamic Waqf *

Preparation: D. Ibrahim al-Bayoumi Ghanem

(Professor of Political Science National Center for Social and Criminological Research, Egypt)

Introduction

Water is the origin of life, which is one of the greatest blessings that God has blessed us with His creation in this world, and best Almanan that they die in the afterlife also. The evidence that many roses in the Koran, and the verse: ) And down from the sky blessed water it Voneptna gardens and Grain for harvests (([1]). And also that the water sign of God that calls for reflection and meditation on how to utilize it to irrigate thirsty, and in the germination of crops and fruits of different taste and look and smell, he says: ) Is the one who sends down water from the sky Him a drink and you from the trees where the vegetation. You corn, olives, date palms, grapes and every kind of fruit in that is a sign for those who reflect (([2]). It is also verses tells us that the water of paradise, and that the denial of a kind of purgatory, he says: ) And owners of the Fire Club Paradise owners that Avaadwa us from the water or the things which God hath provided.. ﴾([3]).

Water is mentioned in the Quran within five hundred Aya, describes the meaning and types, Oeith and مجاريه and its many uses. For example; received word “Water” Sixty-three times, and the word “River” And”Rivers” , Two Rdta and fifty times, and also received words such as “Eyes” And”Springs” And”Rain” And”Cold” And” Clouds” And” Wind” Dozens of times in the Quran, as well as hundreds of the Hadith, which included valuable guidance in how to deal with water, conservation and rational use and benefit from. And the water environment is closely linked closely practically in most contexts receipt in the verses of the Quran and Sunnah.

And the importance of water as such, I decided Shariah that the ownership of the water in terms of origin must be general, and have the right to use by all people without discrimination, including. The law also denied the monopoly of water within the prohibition of monopoly general and نهت in about إفساده, and restricted to dispose of it, buying and selling; pursuant to the words of the Prophet PBUH: «People are partners in three: Water and pasture, and fire ». The class of jurists “Water Facility” Within the public utilities that must be undertaken by the state in terms of protection and provision, purification and distribution of equitable distribution, to be shared in carrying out these tasks members of the society, and the private Haves them; either support the budget of the facility, or to participate directly in the provision of water according to the system “Public water fountains”Or “Tanks”, Or channels, or “Wells” Suspended for the face of God Almighty to facilitate getting it to those who need it, wherever they.

And full of the sources of Islamic jurisprudence much of the details relating to the organization of water, cleared and cleaned, and arrange for watering plants, and animals, and birds, not to mention the rights, taking into account environmental considerations and maintained in all cases.

And expanded the jurisprudence scholars on water issues over time, and in different parts of the Muslim communities. Whenever our hearts in the pages of Islamic Heritage, or Naqbna in the experiences of the United Islamic civilization and its people, we found a tremendous asset of the Arts and the rules governing water facility, and explains how to manage it: Brought, purification, storage, distribution, and preserved, and the development of sources. It is striking that they observe in jurists اجتهاداتهم what we call our contemporary language principle “Sustainability” In every act of behavior that takes place on water use.

Thanks to the guidance contained in the Glorious Quran, and in the sayings of the Holy Prophet; Since the water of vital importance, cared by scientists and scholars in اجتهاداتهم, and muftis in their fatwas, and judges in their judgments, and the general public and to choose from in their actions and their use of water in the various aspects of their lives.

If we tried to swim in “Detectives water” Sources in each Islamic jurisprudence, Valkhchih the drowning will not Tingi of verbosity and prolongation; That is our intention to limit the search only in two: First: General dealing with the basic features of the jurisprudence of water in worship and transactions, and the second: Especially dealing with the jurisprudence and rules of management of water as reflected in the jurisprudence that has grown and raised on Islamic waqf system, Amdna to draw major attractions of this aspect of the doctrine which made an active contribution to the urbanization of civilization of the peoples and the Islamic Nations.

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First: Jurisprudence of water in religious worship and the Civil Transactions

1Water in the jurisprudence of worship:

“Purity door” Is one of the most doors Fiqh of Worship detailed and a statement of the provisions of the use of water for “Purification”, Hygiene and physical / sensual during the performance of some private worship and prayer, pilgrimage, and recitation of the Holy Quran. Perhaps the conditions of economic and social life and environmental conditions in many parts of the Muslim communities in previous eras that prompted the majority of the scholars of the verbiage in the statement of the provisions of the water on the performance of worship, تحريا for accuracy in providing the conditions of validity of worship; considering that «purification bisected faith», as the Prophet said صلعم.

Today, there are still a majority of the circumstances which necessitated the verbosity in the majority of communities, and has become easy to check the purity of the water to an overwhelming majority of people, where the state undertook this task through institutions specializing in water affairs and modes of treatment and provided under the terms of public health and safety. Therefore, what matters the general public of jurisprudence of water in worship is the fundamental principles that must be adhered to in this regard, and the whole is coming:

A That most of the water used by people in urban and rural areas Taher in the same disinfectant to other.

B The necessity of commitment to the principle of economy and non-wasteful use of water for the purpose of ablution, or the performance of worship and religious obligations General. If extravagance in the water, ending with him in the ablutions, the forbidding him tougher and stronger in other uses, as the extravagance of factors bugs in the system of ecological balance, and wasted resources.

C There are several types of water may be used for the purification of the performance of worship (Rain water sea water accumulated water from the melting snow and the cold water of the river water well cataracts).

د ـ Replaced بالتيمم in case you can not, and the presence of water, or if it is scarce, it is not enough only to drink human or animal.

E Water does not come out on the validity of use of purity for worship unless خالطه what is its color, taste, or smell.

وـ Health chilling introduction to the health of religions in the use of water.

2Water in the jurisprudence of the Civil Transactions:

Began the first nucleus of the jurisprudence of the water in the area of ​​civil transactions at the time of the Prophet PBUH, so when he urged his companions to the work of the charity initiative for public benefit represents the time in “Stop well Rom” Medina in the first year of his emigration to. The lesson of this initiative is clear that “Water” Should be available without cost to all people, that is not possible, it was necessary expenses to be supplied, the initiatives of philanthropists pause, or halt it in order to be supplied free of charge, is one of the greatest acts of worship when God.

Accompanied “Jurisprudence” These developments in relation to the water to civilian life and cultural situation in the Islamic societies; Indeed, the history of knowledge of Islamic jurisprudence shows us that many of the interpretations regarding the jurists flags “Water” Generally, preceded those civic and cultural developments, and was the cause of causes, and led to the pretext fed by moral force, and legitimate arguments; which make them acceptable to broad social.

Among the scholars that the water in terms of the possibility of two owned:

First: To be owned by public ownership in all surface sources (Rivers and seas, lakes and its subsidiaries). They stressed that public ownership of the water is the origin; to tell the Messenger of Allah PBUH: «People are partners in three: Water and pasture, and fire, and public company requires permissibility.

The second: That the water is private property, and that possession, and be the source of the right to dispose of it كملكية private is what his winning the work and effort, and required that expenses for bringing or extracted, stored, or purified, and transportation, distribution, and maintenance of related items and tools… Etc..

وفي العصور السابقة، كانت المصادر الجوفية للمياه هي أكثر مصادر المياه قابلية للتملك ملكية خاصة، ولا تزال المياه الجوفية حتى وقتنا الحاضر هي أهم أنواع المياه القابلة للتملك ملكية خاصة، والتصرف فيها كسلعة تخضع لقوانين السوق، أما بقية أنواع المياه فلا تزال ضمن دائرة الملكية العامة، مع فرض بعض الرسوم على استخدامها في المنازل والمنشآت الخاصة والعامة، بهدف تغطية بعض نفقات توفيرها وتوصيلها للمستفيدين منها.

Also among the scholars that certified the ownership or source water from surface or groundwater sources it is considered: Either really of the original property rights in kind in some cases; when possession even if the source of water in a river neighbor or torrent walked, or on the acquisition of the source of groundwater sources such as wells a certain fresh or eye. And either becomes really easements, or right of the material easements.

Whether the water property in kind, or was really easements, the considered jurists money, and أجازوا And stopped to use it and customize it in the public interest. Whatever the quality of water ownership (In-kind original ownership, ownership or use of my eyes as a right of easement), The scholars consider him as having a price in most cases, and it is considered an economic commodity trading within the market and not beyond him. Since it has a price estimated cost provided, or a little more or a little less than that cost, it must be party pays the price for getting it.

Has delivered jurists on the state and the community together primary responsibility in the provision of water and to ensure that all expenditures, or بأغلبها, even be available to its citizens to the extent appropriate to their needs, health and quality that meet their interests, and preserve the environment and public health. It may be paid to the cost of water is the consumer (Bodies and individuals) And in cases of specific and rare, or it may be defended cost-party mediator provides free water to those who need, and this party mediator was not in the historical experience of Islamic only endowment, along with some of the charity and donations allocated by wealthy philanthropists to provide water to those in need it, whether they are human beings .

The point is that the jurisprudence of transactions in the water had settled on the basic principle is that “Usufruct of the water is much wider than the right of ownership”. This principle summarizes the vision-استنبطها Islamic jurists on the organization, management and exploitation of water and distributed fairly, as a vital facility, and a source of growth and progress.

3Water Court:

Pay careful “Equitable distribution of water” To create what is known in Islamic history as “Water Court”; Task considering the disputes that arise because of the water between the beneficiaries. It was the first appearance of this court in the city of Valencia in Andalusia during the reign of Abdul Rahman Nasser in 318 AH, lingering effects are still, to this day.

The regulations that court states that the judge must go at that time to the court every Thursday from ten o'clock to eleven o'clock in the morning, to listen with the rest of the judges to bartenders grievances, and attend the meeting of the guards assigned to them guarding Runnels. The elected body of water between the court judges (President and Vice President and Members) Vote, spin discussions publicly. In addition to the jurisdiction of the court in adjudicating disputes water, also specializes in the collection of fines, and supervision of the implementation of what comes out of the provisions of the.

Records are full of Sharia courts in various Arab and Islamic countries much of the water districts, which reflect extensive experience in this area, it is very important that the available researchers to study them and benefit from them in devising solutions to water problems in our current.


Secondly: Relationship waqf system and management of water sources

There is almost organic relationship between endowment and water;, where the historical record reveals endowments in various Arab and Islamic countries for the penetration of water in all aspects of the waqf system since its inception at the time of the Messenger of Allah PBUH today. It is no coincidence that the stop well Romans in Medina, one of the first endowments that have emerged in the era of the Messenger of Allah صلعم., It was narrated from Othman Ibn Affan t that the Prophet صلعم gave the city and not with water يستعذب is well Romans, and was a man of the sons of Gfarh, ([4]), Said: «Tbniha into paradise?» Said: O Messenger of Allah, not me nor عيالي the other, bringing it Osman Vastraha, thirty-five thousand dirhams, then came to the Prophet PBUH said: أتجعل me what made him? : «Yes». According to another report said PBUH: «Bought well Romans making the bucket with buckets Muslims okay him to do in Paradise?» فاشتريتها any Osman solid Mali([5]).

He remained link closely between the water and construction of civil ages ago الموغلة in the foot, and realized the founders of the cities and the regions Islamic importance of water lifeline to civilian life stable, and was directing the Prophet صلعم stop well Rom model looked increasingly by Muslims in various parts of the earth, and over the centuries. And registered political wisdom books of water on top of a list of six conditions necessary for the building of cities, a: Capacity water Almstazbh, and the possibility of Meera derived, and moderation in the place corresponding to the air and soil health, and proximity, which calls for the need to pasture and Alahtab, and fortify the homes of enemies and Azaaar, and that surrounds the city darkening (Fertile agricultural land) Appoint people بموادها([6]).

Jurisprudence emphasizes the cessation of that endowment is not valid only in the capital is owned by: Either neck ownership, or beneficial ownership in some cases, or both.

And certified the ownership or source of water sources, it is considered: Either really of the original property rights in kind in some cases; when possession even of the water source as explained above. And either really easements, or right of the material easements ([7]).

Whether the water property in kind, or was really easements, it was considered scholars money متقوما, the, أجازوا and stopped to use it and customize it for the public benefit. As noted above, it has rolled endowments water since the beginning of the emergence of the waqf system, and Tassie Standing Messenger of Allah صلعم in urging him to stay in general, stop well Romans especially for those who chose to allocate the proceeds and Agafyatem, or part of the water supply, or they stop source of sources Kpir :

1 – Stop the source of water:

Reveal expertise in the field of Arab-Islamic endowment that most and water قفيات may have focused on groundwater sources (Springs, and wells), Along with some surface sources, such as: Tables, النهيرات the, and small lakes. Not only was just stopping the source of those sources that already exist, but endowments also contributed to the development of more of them, and digging new wells, or incision of channels and schedules to facilitate water obtained. The overriding objective is to provide water for human use and animal, which is found in abundance in the terms and قفيات water sources referred to; where keen Standing on the allocation of water use suspended for specific purposes may not come out of respect for the requirement of standing, and to ensure the continuation of the benefit of water. Examples of this type of water endowments are many, including the following:

A cease eyes: Among the most famous models in the history of the Arab-Islamic “Stop Ain Zubaida” Harun al-Rashid's wife, has to contribute to the stance Mecca freshwater supply. Yacoubi mentions in its history that Ms. Zubaida ordered stockist money do what it takes to become the eye is valid for water production and benefit the people of Mecca, and transfer them, she said stockist “I work even cost you a blow ax dt”([8]). Masoudi states that, inter alia, for the processing of exchange Ain Zubaida and operated A thousand and seven hundred thousand dinars in gold([9]). According to the novel Alozarka Mecca News, Ms. Zubaida after work and complete the project by throwing documents in the Tigris River, said “We left the account on the account, and he has remained something of money he has, and has remained something we gave him”([10]).

Many eyes endowments and well-known in the history of endowment in many countries, such as: Morocco, Algeria([11]), But most of them no longer exist or the impact after it promised to exhaust time, and water supply systems have changed, and extended their networks to the most modern residential neighborhoods in cities and villages.

B stop wells: The wells are inherently has your view of the human effort that goes into drilled and configured for use. Hence Jazz stopped. The order to be considered a public property, or loaded with the right of easement for the public benefit decision must have already prepared legally or for general use, or for the benefit of the public([12]). One of the most famous in the history of wells wells cessation Romans already referred to. Join moratorium has been known a lot of suspended wells within cities, and in the villages and rural areas, and on travel routes, especially the ancient pilgrimage routes, including the pilgrimage route Yamani([13]), And the pilgrimage route Egyptian, Iraqi pilgrimage route([14])… Etc..

C stop “AflajAnd”Algiul“: The springs are known in the Sultanate of Oman and some Arab Emirates in the Gulf region, and Falaj: A system to provide water to a group of farmers to irrigate the land, and there are three types of them are: Aflaj Gaelic, and Aflaj kind, and Aflaj Daúdah, all of which draws its water from surface water derived from the high valleys. Omanis have developed a system to manage Aflaj, including the appointment of staff, and prioritize the use of water: To drink first, then watered agricultural land, then for some civil and industrial purposes in the case of the availability of surplus water, with attention to irrigation schedule shifts day and night, and observance of justice in the distribution of water, and in determining the price of her.

The Algiul: She is known in Yemen, which is close to the system Aflaj([15]). He has been the people of Yemen and the people of Oman to stop what they own Giul or Aflaj, or shares in the public interest, and still effects and Agafyatem of fresh even today, and appear in the budget of the Ministry of Awqaf Yemeni numbers indicate the sale of water revenue endowments([16]).

Jurists has developed many of the rules governing the allocation of the suspended water use, taking into account the terms of standing on the one hand, and to achieve the benefit of users of the water on the other hand. For example,: If the requirement of standing water to be well, which stopped to drink human and animal watering, it is not permissible ablution them, especially if they are a few of the well water and in the arid zone. If the requirement of standing water to be a mosque or a school or a hospital or hospice, it is not permissible to take from those waters to wash clothes or clean the house, or for watering the garden ([17]).

2- A right of easement for water on the moratorium:

Water may be suspended is the right of easement or more of the right eye of suspended objects, such as: The right of passage of the stream of water from the territory of the moratorium, or the right of the passage of the water supply from the premises of the stay, or the right of Linn (Exchange) Through the Waqf land or buildings. In all these cases, and the like, the regulation of water easement rights on the objects are organized cessation, taking into account the interests of the stay on the one hand, and ensure the easement is on the other hand. Although cases of human easement for water is suspended on objects endowment are not many, they are of particular importance; being considered one of the easements management, which differ from easements civil usually rights negative does not require doing something from the fact it (Open a window).

The administrative easements ([18]), Has imposed a positive obligation for the benefit of the owner of the right, such as the need to do some work protective of the flood to prevent the tyranny of the water on the land, and in such case, the point of suspension contribute to the work of the maintenance work waterways, and bear the expenses of such maintenance performance of the right of easement .

3 – The existence of an easement right to stop the water:

May suspend the right of easement or more of the right on the water source (Surface or groundwater) Rainwater or in some cases. For example,: Right lip, and the right drinking. It is intended the right lip “The right to drinking water… And to be drinking the sons of Adam to pay thirst, or cooking, or ablutions, or washing, or washing the clothes and the like, and to be in the right beasts use to pay thirst and the like which matching”([19]). And prove the right lip sense for users of the land endowment, and the animals in which they operate.

The right to drinking water, is intended “Nubia from the water to irrigate the land and planting”([20]). And proves the right drinking land endowment and farms of channels or canals or streams or freshwater lakes located along the land endowment, or estates built, or pass through them, shall be borne by the cessation of any expenses, fees or the like; to ensure access to water them just like with other .

There is a consensus among the majority of scholars that the first human use of water is”Right lip”; And the second right is “The right to drinking”, And these rights are and the consequences to them of the faces of the use of water can not meet them all the children of Adam, but if taken into account in which the principle of sustainability; either to maintain the water resources, or the development of new ones, and is not something that only take into account the environmental aspects that the ever for any action .

4 – To be a key element in the water with notables endowment:

This image is dominant in a relationship endowment and water sources and management styles in general. This is manifested clearly if we look at the economic configuration of the suspension system; as we find it consists of three main sections entering the water in each section of the door that it need not be without cessation benefit, a:

A agricultural land: Formed the backbone of agricultural land in the property of the Waqf, especially in countries where agriculture represents a major sector of economic sectors. It is known that irrigation water is the spirit of agriculture, can not be separated cessation of agricultural land on water and normalcy, sources and methods of maintenance and management. The total area of ​​agricultural land endowed a significant proportion in some countries, such as: Egypt, Iraq, Syria, Sudan, Yemen, Algeria, and Morocco. Unfortunately, there is no statistical data (Accurate and up to date and available) Agricultural tracts of land suspended in the Arab countries in general, or at least in some particular.

Often face a researcher in this topic in structural terms refers to elastic “Breadth” DISCONTINUED patch of agricultural land, or to say that they “Vast”Or “Enormous”, Without specifying the extent of widening, Csaah or Sphinx, which is referred to, and only an expression of one of the problems “Informatics” Suffered by the sector endowments in all Arab countries, albeit to varying degrees bad from one country to another. All we know, for example, the total area of ​​agricultural land suspended in Egypt now it is about 200.000 Acre: Of which one hundred thousand acres left over from the old endowments inherited from the previous era, was about 700.000 Acre until the middle of the last century, and then was dismantled and loss during the fifties and sixties of the century. It Almaty thousand acres referred to about a hundred thousand acres new purchased Egyptian Awqaf Authority in an attempt to re-install the waqf system in agricultural land after uprooting them in that period, of which 000.84 acres Sharq Al, and 30,000 acres in Toshka, and 21,500 acres ([21]). The latest statistics were before the revolution 1952 As noted above indicate that the total land endowed arrived about three-quarters of a million acres([22]). The Egyptian Ministry of Awqaf manages the water needed to grow a large proportion of them by a special section is “Department of Agriculture”, And a specialized section within it is “Department of Irrigation and mechanics”, And it was like a mini irrigation within the Ministry and the Ministry of Awqaf.

The terms of reference of this section: Create canals and drains, and the development of assays for clearing those canals and drains, consider infect people on them, and the management of irrigation and drainage, maintenance and establishment of bridges on the canals and drains, and obtain licenses machines irrigation, and to consider the request of others Rey Ottiyanhm slots endowments (Easements), Photo-editing and shift schedules that are of irrigation Tfatyh, and direct action to buy Runnels and machinery and installed… Etc. ([23]). But this section (Irrigation and mechanics) May be canceled by the Ministry of Awqaf after the government took over most of the agricultural land which was run in the fifties and sixties of the last century and handed them over to the agrarian reform to distribute to small farmers.

In Algeria, some statistics indicate that the total agricultural land endowed with a 11539.64 Hectares([24])In Palestine a 100.000 Acres([25])They include only correct endowment space in agricultural land. In Jordan 9946.8 Acres by 83.0 % Of the total agricultural ([26]). In Yemen, the sales constitute Crops 11% Of the total revenues of Awqaf 000 t 000.57 riyals([27]). We have no available statistics for other areas of waqf land in the rest of the Arab countries.

B residential buildings, craft and industrial installations suspended: Formed residential buildings, craft and industrial installations the second section of the Waqf property, especially in big cities, and urban centers, as well as some housing and private enterprises in villages and rural areas. The needed those buildings and facilities are constantly water for human use, or animal to drink, or for the purposes of various industrial and artisanal. It does not have to have any data related to water residential buildings and facilities, craft and industrial, official sources do not appear any information available on this aspect in various Arab countries.

C foundations: Associated with cessation of a large variety of institutions that established endowments money, or the proceeds allocated endowments to spend it and conduct up to provide services and benefits for which they were established. And those institutions can be classified in four main groups:

1 – Facilities for worship, the most important: Mosques, mosques, and angles.

2 – Educational institutions, the most important: Schools, Koranic schools, colleges, and universities.

3 – Health institutions, the most important: Hospitals, clinics, pharmacies.

4 – Social institutions, most notably: Orphanages, shelters, Hospices, and ligaments… Etc.. The needed these institutions and all facilities for water (To drink. For purity. For cleanliness. Food…), Was not a way to get them, but to provide for a third party providing cessation and expenditure of the proceeds of the stay in order to ensure access to the Endowment Foundation, with the order of use of easements to stop the nearby water resources in such cases. Like suspended buildings and facilities; is not available for the foundations, any information on your side consume water from different sources, whether private sources Waqfs, or public or private sources to other destinations. The point is that there is a presence heavy water in the waqf system, and that this audience have originated with him a group of water institutions that have been associated mainly based endowment, and has to contribute directly in the management of water endowments and institutions and their various interests, and to serve their purposes varied, whether the use of human, or .

One of the most important institutions, endowments that have arisen to contribute to the management of water (Brought, storage, purification, distribution, and widely used for human or animal): Public water fountains, baths, cisterns, ponds, and reservoirs ([28]). The need of such institutions to special studies analyze jurisprudence your respective in-depth analysis of the reality of the experience accumulated around in the old days; in order to extract the principles and values ​​that ensured its success in the performance of their duties, and to consider the possibility of benefit from them in the face of the problems of the current reality, and planning to deal with .

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Thirdly: Jurisprudence of the economics and management of water suspended

The economic side in the jurisprudence of water in general, suspended in water, in particular, has not received the attention it deserves from the scientific community in research centers and Arab universities, except in rare and exceptional cases. The historical record reveals the relationship of the waqf system and water sources for very rich material for an in-depth economic research and innovative at the same time.

Senior economics of water suspended:

Jurisprudence reveals special relationship waqf system and water sources for very rich material for in-depth research and innovative ” Jurisprudence of the economics of water” Being “Public good”.

According to the doctrinal and historical sources which we saw that the economics of water endowments has diverged by contrast purpose of the stay the same, and different methods of calculation depending on the pattern of the relationship cessation water. Sources also tell us that that is not true impression that endowments water was work or must work outside the market system and economic rules that are based on supply and demand determine the price of the service or item in the light of the interactions of the forces of supply and demand. Include the budgets of some ministries of Awqaf amounts refer to the Revenue from sale of water endowments, and the documents endowments saved Berhevat Ministries of Awqaf Arab and departments administrative contains a wealth of information indicating that water endowments were included constantly under the terms of the budget endowments and small, medium and large, and those that were managed civil .

Hence, it is not true that water endowments were managed non-economic, or that the rules of management at least in theory or default was irrational. An important finding is confirmed by and endowments documents that a particular destination have borne the costs of providing water, in all cases, and are as follows:

A If the detainee is a water source (Well, or the eye, for example,) والهدف منه هو الإنفاق من ريعه على أعمال ومؤسسات ومنافع أخرى، فإن مياه الوقف في هذه الحالة تخضع بالكامل لنظام السوق، ويكون لها سعر مساوٍ للمياه المعروضة في السوق للبيع والشراء سواء بسواء، والقاعدة العامة الواجب تطبيقها في المعاملات الوقفية هي أنه لا يجوز تأجير أعيان الوقف أو بيع منتجاته بأقل من سعر السوق، وإنه يفتى دوماً بما فيه مصلحة الوقف، والأنفع لجهته، والأدر لخيره، وإنه يجب الاحتياط له حتى لا تغتاله النفوس النهمة، وإلا وقع الإخلال بشروط الواقف، وهذا غير جائز لا شرعاً ولا قانوناً.

B If the detainee is a water source, and it was the goal of standing is to provide water for the human being or an animal or irrigating the land without charge, the water suspended are not subject to market prices, but provided free by the requirement standing, and take care endowment itself to bear the expenses presented on the face that he wanted Builder endowment. ومن الأمثلة على ذلك ما يظهر مثلاً في ملفات أوقاف كبار الواقفين، ومنهم في مصر ـ مثلاً ـ ملف محاسبة وقف عمر مكرم نقيب الأشراف في مصر وزعيم المقاومة الشعبية ضدّ الحملة الفرنسية على مصر أواخر القرن الثامن عشر وبدايات القرن التاسع عشرـ إذ اشترط تخصيص ثمانية أردب قمح لملء السبيل، وثلاثة أردب قمح لإحضار قواديس للساقية وكيزان للسبيل وأباريق للشرب، وأربعة أردب أخرى لرجل يملأ السبيلين بمدينة أسيوط، وكل ذلك من حاصل ريع أوقاف السيد عمر مكرم نفسه.

C Water needed to irrigate agricultural land suspended. This water bear the cost of agricultural cessation, Tstnzel this cost from the proceeds of the land in accordance with the rates or fees applied to other land is suspended. And also bear the cost of residential buildings and water craft and industrial suspended. Examples include the Egyptian Awqaf also be Ahmed Pasha Minshawi the senior angel and top originators endowments in Egypt late nineteenth century and early twentieth century may stop 12 And Wabor water power, each of which range from 8 And 10 hp in addition to pump 8 Inches, so as to provide the water needed to irrigate the land and stop it in the faces of multiple benefits and public goods.

د ـ Water, which obliges the institutions of Endowments (Schools, mosques, and homes, and hospitals… Etc.) For it is counted as part of the expenses of these institutions, and provide for paid resources endowment funded by these institutions, and applicable on some water fountains that were attached to the institutions and other endowment, or independently of them were but they offer their services for water reluctant.

في ضوء ما سبق، يمكن القول إن خبرة نظام الوقف المائي تكشف عن أن قطاع الوقف الذي لا تخلو منه دولة عربية هو طرف في توفير بعض مصادر المياه، أو توفير خدمة المياه ذاتها وفق نظام السوق، وأن هذا القطاع طرف في إدارة جانب من الموارد المائية اللازمة للاستعمال الآدمي والحيواني والزراعي والمدني، وخاصة تلك الموارد المستمدة من مصادر جوفية، أو من مصادر سطحية، ولا يمكن إغفال هذا القطاع عند النظر إلى قضايا البيئة وحمايتها. The endowments sector is a party to the provision of water according to the logic of the social economy sometimes outside the scope of the market, according to him at other times.

In light of these facts, it is clear that there is a common ground between the traditions of the waqf system in water management, and systems to maintain and protect the environment. Heritage adds the management of water endowments distinct moral dimension to the concept of water management and economies, it also adds a legal dimension (Legally) Would contribute to consolidating the rules of water management in different phases, and work on the development of sources at the same time.

وبالرغم من أن أغلب تقاليد إدارة المياه في نظام الوقف قد تجمدت ولم تواصل تطورها؛ وذلك لأسباب متعددة ـ لا مجال للخوض فيها هنا ـ فإنها تضمنت جوانب عدة لا تزال تحمل بداخلها عناصر بقائها وفعاليتها، ومن أهم هذه الجوانب الآتي:

1 – Forensic side:

And reveals this aspect of jurisprudence in aqueous suspension of the depth of the content humanitarian – Environmental alerted to the provisions of water management from the perspective of forensic.

2 – Moral side:

This aspect is hardly to be absent from the concept to the management of water sources. The heritage endowment provides water on this side many of the principles and morals and ethics associated with water management, and ways to get them, and how consumption. This aspect derives its strength from the moral religious morals and conscience of the individual who deals with water, whether it is a consumer, or employees in management. Among the morals and ethics which provide us with management experience in this area Endowment:

A water management should be assigned to those who will be able and efficient To bring in and pay off evil interests them, one of the greatest evils to be a traitor dishonest employee, and the right of the guardian that tends hands of not fair secretary in the management of the water endowments, and holds any losses have been inflicted during his administration have water.

B principle that “The right to be on the water as needed“, Whether the use of human, or animal, or as if the space for agricultural use.

جـ ـ What is the drinking is not right it ablution, If this is true for ablutions, a condition of prayer, it is a fortiori it must be consumed all the water just as devoted to him.

Dr. deprived of exchange in water use, even for ablution, It may not be more than three times, especially if the water is suspended on the water cleansing, كماء the mosques, schools.

E use of water suspended Tools, Such as: Pitchers, buckets, cups… Etc. if draws However, consumer does not prompt بتعويضها for, if only a transgressor, and infringement use cessation water in is allocated to him, if something of that damage during use tools violator was on the consumer to make up damage after being held accountable.

And waterings Almsplh refrain that the road Used in non-drinking, or transfer them to drink water, and only it is not permissible([29]). There are other rules and ethics need to be excavated and inspected them in the sources that contain heritage waqf system. There is evidence to suggest that such morals and ethics have been taken into account in systems and endowments management regulations of water, such as: What is stated in the list of Pan Bureau Egyptian Awqaf issued by Khedive Abbas I, came “…Albeit in a standing condition provides for Mmnoaah of selling water from tanks belonging to those mosques, issued to the principal and to the cessation of Sheikh Alsagaúan, definite instructions not to sell water from the likes of tanks referred to…”([30]).

* * *

Conclusion

You do not like this kind of new research on the merits finale could end it and close it; since the first case that what is contained in this research is just light to supply some of the ideas raised by the consideration of the jurisprudence of water and protection of the environment and the relationship of cessation of water and methods of management; even :

1– The study of jurisprudence waters transactions in the books of Islamic jurisprudence and sources of ancient heritage (Wrote various doctrines)And comparing them regarding water in modern codes (Such as the Journal of the judicial judgments, and Hieran guide Kadri Pasha, for example,), And comparing it to what is contained in the contemporary urban التقنينات; in order to get benefit from these studies in the development of water management, and linking contemporary systems to manage those rules.

2– A study of some traditional institutions that contributed to the management of water suspended in-depth study according to the case study methodology that explores all the data and expertise related to the institution in question, and those institutions: Water fountains, springs, and Alsakiet, and bathrooms, and irrigation systems… Etc..

3– Reconsider the laws and regulations of water management suspended and non-suspended. Senior General water, and a private endowment water helps in the development of these rules; because it is based mainly on account “Interest” Public and private, فالمصلحة core purposes of the whole law, and the waqf system is one of the sub-social systems that have to contribute to the achievement of the purposes of Sharia in civil society.

4– The need to develop a charter moral water management and ethics of the use and protection of the environment, to be based on the teachings of the true religion, and inspired by the outcome of the positive experiences of the experiences of Nations in this regard, and that is being circulated this Charter at the local, national, regional and global levels, and take action to apply and abide by the.

5– Include ethics and etiquette of water management as well as management and protection jurisprudence in the decisions of the civic education levels of education in the Arab and Islamic countries, especially in the decisions of the stages of pre-university education.

6-Given the suffering of many countries of the Islamic world from water scarcity, we see that it is time to play a hand, is responsible for building an information base organization for endowments in general, and endowments water especially in the Arab and Islamic countries; can even build policies with high efficiency, and take the appropriate decisions in .


[1]) AL BC:9.

[2]) Surat bees:10-11.

[3]) Fads:50.

[4]) “Tide”: Type of pecks, and was equal to the dawn of Islam, especially in the city quarter saa, and when Abu Hanifa accommodate the tide to two pounds بغداديين the . The tide now equals 5.2185 grams of wheat, ie it is equal to 5.1 liters almost .

[5]) Mohammed Ben Ali Shawkaani, Torrent jars flowing floral gardens, achieve: Mahmoud Ibrahim Zayed, Mahmoud Amin Nawawi (Cairo: The Supreme Council for Islamic Affairs, 1404) C 3313, and the Women's Narrated by al-Tirmidhi, Narrated by Bukhari comment .

[6]) Mawardi, to facilitate consideration of and expedite the nail in the morals of the King and the King policy, achieving: Radwan Mr. (Beirut: 1989) P 219 .

[7]) Right King is the right kind of full, and all other indigenous rights branched him . Full king is the king of the neck and benefit together, and the ramifications him king of the neck alone utility and the king alone, and easements . And three king beneficial reasons: Contract, and the commandment, LV . The easements are called abstract rights . The right of easement is defined as”The right decision on a property for the benefit of someone else's property”Among the most famous drinking easements and tear, traffic and education and neighborhood . For more details, see: Abdul Razak Sanhoori, the right sources in Islamic jurisprudence: Comparative Study of Western jurisprudence (Cairo, the high Arab Studies Institute, 2nd Floor – 1958) C 1, 26 -30 .

[8]) Yacoubi, Yacoubi (Boulaq Press, Egypt) C 2, 824-924 .

[9]) Messaoudi, gold and metals promoter essence, achieve: Muhyiddin Abdul Hamid (Beirut: Thought House, 1393, 1973) C 4, 317 .

[10]) Alozarky: Mecca and the news came in. effects, achieve: Rushdie favor Malhas (Mecca: House of Culture 1414 – 1994) M 2, p 327 .

[11]) To find out About endowments eyes water in Algeria, see, for example,: Abdul-Jalil al-Tamimi, and document Ahbas the Great Mosque . Magazine historical Maghreb, Issue 7, 1992, pp. 42-75, which shows that the mentioned document from between and قفيات the mosque ten eyes water, and ten lakes . As in Morocco See, for example, the: Ali Abdul boys peace, Algelbzori the Badr al-Din, the role of the Economic and Social to Ahbas the city of Tetouan (Unpublished research, the Faculty of Arts and Humanities, University of Abdelmalek Saadi, 1994) P.17 . Which analyzes the history of Awqaf water network which supplied the city of Tetouan based on the eyes of the foot “Mount Bunting” Through the channels of pottery to the mosques, and other institutions, and these are called now as the water “Water Alskondo” .

[12]) Kamel Morsy, Mohammed, private and public funds in the Egyptian law: A detailed study of the provisions of the civil courts and mixed, Journal of Law and Economics, Volume VII, the ninth year, Shawwal 1358/ December 9391, pp. 727 .

[13]) See, for example: Abdul Rahman Makez, tanks Aden (Aden: Hamdani for printing and publishing, bit) Pp. 7-5 .

[14]) To find out some details, see: Amina Hussain Jalal, pilgrim routes and facilities in the Hijaz in the Mamluk era (Unpublished PhD Thesis – Umm Al Qura University 1407- 1987) Pp. 23 and Beyond .

[15]) For more details about the system stop Aflaj in Amman look: Abdullah Ghaferi, Aflaj Omani history and engineering and management (A study published on the Internet: www.nizwa.com / volume), See also: Ahmed bin Saud Al Siyabi, Endowment experience Oman (Fourth Annual Forum of the Secretariat of Awqaf 11-12/11/1997) Pp. 6-8 .

[16]) See, for example: The state budget (1999- 2000) Ministry of Finance – Sana'a 1999, Department of 31 Ministry of Endowments and Guidance, where revenue totaled water endowments Yemeni 000.0001 Rila in Yemeni 9991 .

[17]) About water use rules suspended see: Abdel Raouf Manaawi Shafei, facilitate the book stand on the mystique attached to the provisions of the stand, achieve: Research and Studies Center Library Nizar Mustafa Al-Baz (Mecca and Riyadh: Library Nizar Mustafa El-Baz, 1998) C 1, pp. 275- 872.

[18]) The distinction between administrative easements and civilian see: Mohamed Kamel Morsy, op cit, p 738 .

[19]) Rustam, Slim, Lebanese Paz, explaining the magazine (Beirut: Arab Heritage Revival House, 3rd floor patched and revised and bigger 1406-1986) Article 1263, p 683 .

[20]) The light, the effect of death in human rights and obligations . Journal of Law and Economics, the first section, Nos. 5 and 6 year 10, 1359- 1940, P 43 .

[21]) The Ministry of Awqaf between the past, present and future (Cairo: The Egyptian Ministry of Awqaf, b c) P 109 -111 .

[22]) Al-Bayoumi Ghanem, Ibrahim, endowments, politics, op, Chapter V, pp. 458-499, where analyzes the procedures for the July revolution to seize the lands of Awqaf and dismantle the infrastructure of the waqf system, r 502 where census is the total agricultural land before 1952 .

[23]) Law No. 36 For the year 6491 On the list of procedures and the Ministry of Awqaf (Cairo: The Ministry of Awqaf Press, 1946) Pp. 57-95 .

[24]) Look: Waqf property inventory project (Republic of Algeria: Ministry of Religious Affairs . Endowments Directorate, 1998, unpublished) P 6 .

[25]) Crusader Mustafa, Mohammed, Endowment and the economy in Palestine (Unpublished research, 2000), P 12 .

[26]) Hourani, Yasser, endowment and development in Jordan (Oman: Versions of the Supreme National Committee for the Amman Declaration Capital of Arab Culture 2002) P 194 .

[27]) Aldosa, Hassan Salem, Endowment and the economy in the Republic of Yemen (Unpublished research, 2000) P 74 .

[28]) To see the profile of these institutions see Endowment water: Ghanem, Ibid, pp. 317-423 and fountains Tunisia from a historical perspective see: Randy Daghlim, stay in Tunisia in the eighteenth and nineteenth centuries, in Randy Daghlim, (Editor): Waqf in the Islamic world tool social and political authority (Damascus: French Institute for Arabic Studies, 1995) P 29 .

[29]) Manaawi, facilitating the stand, op, c 1, 275-872 .

[30]) لائحة ديوان عموم الأوقاف الصادرة سنة 1267-1851 (National Archives, Governor of research, portfolio 125, Book 1158, tutoring Council resolution) .

* ندوة تطور العلوم الفقهية فِي عمان “ الفقه الحضاري، فقه العمران”

Held during the period: (18-21) April 1431 / (3-6) April 2010:

Oman- The Ministry of Awqaf and Religious Affairs

This article contains Comments (5)

5 Comments “Jurisprudence of water management and the protection of the environment in the Islamic waqf system”

  1. ما نقص إلا الصور و جميل جداً
    اكتير حلو

  2. قويدر says:

    شكرا لك على هذا التفسير القيم

  3. عبدالله الدوسري says:

    شكرا جزيلا على هذا البحث المميز، أرجو من الدكتور حفظه الله أن لا يختصر صلى الله عليه وسلم ب صلعم، حتى ينال الأجر ، يقول الرسول صلى الله عليه وسلم من صلى علي صلاة صلى الله به عشرَ، فلا تحرم نفسك من الأجر، والله أعلى وأعلم.

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