The waqf (endowment) experience in Tunisia is an authentic tradition that dates back to ancient times[i]. Initially, waqf operated according to the regulations established by Islamic jurists in matters of religious endowments (ahbas and awqaf). However, by the mid-19th century, military personnel began to be appointed to oversee ahbas, leading to a shift in the allocation of waqf funds—transforming them into a source of income rather than a means of charity and benevolence[ii].
Like other North African countries, Tunisia’s awqaf went through several phases. Before colonization, Tunisia witnessed a reformist phase where state control over awqaf was strengthened through the Jam’iyyat al-Awqaf (Endowments Association). In 1874, Minister Khayr al-Din al-Tunisi established this association as an administrative body to regulate awqaf. It “issued laws to organize the management of ahbas, which were in a deplorable state… Under the new administration, the revenue from these properties rose to millions of qirsh”[iii].
An Overview of the Experience
Tunisia’s management of awqaf went through several stages, detailed as follows[iv]:
First Stage (1858–1861): Supervision of awqaf fell under the Municipal Council of the capital. This period was marked by the loss of many endowments and the diversion of their funds from their original purposes. Historical studies indicate that General Hussein, the first president of the council, resigned when he failed to prevent the misuse of waqf properties.
Second Stage (1874 Onwards): The Jam’iyyat al-Awqaf took over, established by reformist Minister Khayr al-Din al-Tunisi to preserve and manage public endowments. Representatives were appointed in major cities, with supervisors in regions and agents in villages. The association’s first task was to reclaim waqf properties that had been misappropriated due to weak religious oversight. However, after Khayr al-Din’s ministry fell, corruption gradually returned, with unqualified individuals appointed to manage waqf assets.
Third Stage (French Protectorate, 1881 Onwards): The French colonization severely harmed the waqf system. Key violations included:
– The 1889 Compensation Law, which allowed the sale of old or low-yield waqf properties to buy new ones—yet vast, productive lands were seized without proper replacement.
– The 1914 Mandatory Law, which placed all waqf revenues under colonial control.
By World War I (1918), waqf assets in Tunisia included 5.9 million hectares of farmland, 909,819 olive trees, and 94.6 million French francs[vii].
Fourth Stage (Post-Independence, 1956 Onwards): Just two months after independence, Habib Bourguiba issued decrees abolishing ahbas entirely:
– March 31, 1956: A law dissolved the Jam’iyyat al-Awqaf and transferred all waqf assets to state ownership.
– July 18, 1957: All remaining endowments were liquidated, and the state took responsibility for religious institutions. The creation of new waqfs was banned[ix].
Archival records (e.g., Tunisia’s National Archives, Series C) document over 1,570 files on ahbas, including properties dedicated to the holy cities of Mecca and Medina[x].
Management of Waqf Assets
Historical studies show that in 1883, waqf lands covered half of Tunisia’s cultivated area (~570,000 hectares)[xi]. However, the 1956–1957 laws eradicated this wealth, leaving no official records of waqf assets today.
Before abolition, Tunisia had unique endowments, such as:
– Waqf al-Khus wa al-Rayhan (for palm fronds and basil to decorate graves).
– Waqf al-Hada’a (to compensate for food snatched by kites from people carrying it).
– Waqf al-Hirra (to feed stray cats)[xii].
Future Prospects
Tunisia remains the only Arab country to have completely abolished both public and private waqfs, a status unchanged for decades. However, Article 5 of Law No. 24 (2000) allows beneficiaries to divide or sell endowed properties by mutual consent[xiii].
After the 2011 revolution, efforts to revive waqf have emerged, including a 2013 draft law submitted to the National Constituent Assembly. Yet, recovering lost waqf properties is challenging due to physical changes and redistribution under the 1956 law[xiv].
Conclusion
Tunisia’s waqf history reflects a shift from a thriving Islamic endowment system to state-controlled abolition. While attempts to revive it post-revolution show promise, legal and logistical hurdles remain. The restoration of waqf could reinstate a vital tradition of social welfare and religious philanthropy in Tunisia.
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