Chapter 3: Experimental Grounds - the Gaza Camp
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Chapter 4:
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Demonstrating the Opportunity
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Chapter 4: Demonstrating the Opportunity
4. Demonstrating the Opportunity Although Waqf can be investigated through many disciplines and offers enabling features for different facilitating tools, this thesis in particular aims to explore the Waqf more deeply on the topic of “property and ownership� in the light of societal development and enabling opportunities. The previous chapters served as a descriptive enlightenment, each on a specific topic; the classical Waqf, the Waqf nowadays and in Jordan in specific, and the Palestinian refugee camp of Gaza. Although the chapters were quite elaborate, this was intended for a clear and broad understanding of the three specific subjects so as to understand the synthesis this chapter will mold them together into. Just as philanthropy is a means of organizing charity and addressing poverty and its related problems at the core, the Waqf can be seen as a means of organizing charitable projects addressing development issues strategically, aided through urban planning, urban design and comprehensive development tools.
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4.1 A Wrap-up Synthesis
Chapter 4: Demonstrating the Opportunity
4.1.1 Compiling a composition A quick wrap-up of the three previous chapters will synthesize the foundation on which the proposal of this thesis is built on. By extracting the salient points and concepts of each chapter, a conclusion can be delineated as follows (table 12): Chapter 1
Chapter 2
Chapter 3
Concept and ideas
. Classical Waqf - pre-modern application and practice of Waqf . Islamic origins and laws . Modern innovations - modernization of Waqf
. Ministry completely controls khayri (benevolent) Waqf . Alternative private Waqf institutions (not in Jordan yet) . Training and education for administration of Waqf
. Gaza camp is a highly marginalized community . Temporary documents and residence in Jordan . Lack of civil rights (right of property, election, etc.)
Salient points
. Inherent features - collectivity, sustainability, inalienability . Decentralized system (third sector, Common sector) . Elaborate system rules and elements . Dramatic change and decline after colonization
. Ministry administration of Waqf not trusted (or efficient) . Legal entity as a substitute for a Waqf corporation . Legal trust can own Awqaf properties by an abstract legal entity
. Disability to develop and enhance conditions . Spatial and urban problematics in camp structure . Monetary charities spent as cash and not development projects.
Conclusions
. An Islamic Commons . Socio-economic development instrument (institution) . Inalienable property (reverted ownership to God)
. NGOs can fulfill the spirit of the Waqf . The customary way is the right way
. Potential stakeholders . Potential social capacities . Spatial opportunities for urban planning
Table 12. A concluding table of the previous three chapters with their most salient concepts and aspects.
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+
Legal Waqf entity + Corporal trust + NGO administration
Chapter 3
Philanthropy + Waqf Concept and Laws + Enabling Inherent Features
Chapter 2
Chapter 1
The compiled table elucidates a composition of different subjects and aspects that can be integrated with further research exploring the value added by the Waqf to communities with deprived civil rights.
Islamic charities + Social capital + Volunteerism + Spaces for Socio-economic development
+
=?
4.1.2 Why the Waqf This research study investigates the capability of : “the Waqf in enabling people with limited/deprived civil and ownership rights and resources through its particular features and laws to propose and implement development projects within legal conditions for the residents of the Gaza Camp?”
Islamic jurists struggled for a long time with the idea of ‘figurative’ and ‘legal’ ownership until the concept of a legal entity was introduced and fulfilled the criteria of the abstraction of the proprietary of Waqf. Modern legal entities as described in chapter 2 lived up to the standards of the abstract legal entity. Four features acknowledged in the Waqf system are (1) security of tenure, (2) social, economical and physical sustainability, (3) continual motivation and (4) interdisciplinary entrepreneurship. It is important to emphasize that a community such as the Gaza Camp do not solely suffer from the prohibition of property rights. They are deprived of other civil rights - public services of governmental hospitals and universities, public jobs and employment, right for election and political representation, etc.- which stymies their development of any kind and stagnates their conditions.
Chapter 4: Demonstrating the Opportunity
Contrary to the conventional conception of private property and the individual ownership attitude, the Waqf entitles a perpetual inalienable property in collective custody. The beneficiaries are entitled to all the advantages of property ownership only excluding the ability to sell, inherit or any act of property disposal.
Therefore, the exciting reality of the answer to whether the Waqf can enable such a specific stratum with specific conditions is not only realized in the ability to provide property of land and buildings for physical/social/economic projects of development. Additionally, the multi-layered features of Waqf provide empowering tools for a motivated and sustainable system of development as well.
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Perpetual Inalienable Irrevocable Non-heritable Unsaleable
Chapter 4: Demonstrating the Opportunity
Security of tenure (Gratis tenancy)
Beside the facilitation of legal property provision in the legal system of documentation and authorization, the Waqf also secures the property ‘perpetually’ as no successive heirs can alienate it for their personal use or disposal. This perhaps fashions the most paramount feature of the Waqf compared to other charity systems, simply because if a person dedicates a certain property of land or building for the use of certain beneficiaries, it is very probable that when he deceases, the rightful heirs will claim what is rightfully theirs for their own benefit.
1
Atomism and localism 1 Durable mechanism Self-sustaining
Social sustainability: as indicated in chapter 2, the customary way dictates local administration (localism) and autonomous management (atomism) which both breed competition between trustees and social control of the community.
Social, economical and physical sustainability
Economical sustainability: The fiduciary duty of a Waqf’s mutawalli (trustee) is to preserve the property, then followed by maximization of the revenues of the beneficiaries. The durable mechanism of revenue-generation of the project by itself or by a supplementary project which guarantees financial income and economical sustenance.
2
Physical sustainability: the role of the trustee includes the preservation of the physical property through continuous maintenance for a continuous operation of the Waqf property. Therefore, a sufficient amount of the income generated will always be dedicated for the physical structure and performance of the property to immortalize its presence for ongoing existence.
Charity culture Religious reward Community trust
Continual motivation passed away.
Charity culture: Islam’s principles of (a) social justice and equality, (b) re-distribution of wealth and inherent welfare mechanisms (the Waqf as one of the examples) and (3) societal care and brotherhood ensure that the culture of donation, giving and charity will never diminish. The reality of today has proven so, as well as the general human nature of generosity and good will actions rooted in all individuals.
3
Religious reward: what distinguishes the Waqf alms of any other type of alms is that its reward is everlasting. This encourages Muslims to donate something physically immortal and beneficial to ensure continuous reward for them, even after they have
Community trust: the concept of Waqf is still very much alive in societies that hold on to traditional and religious institutions that have proven their trustworthiness through history.
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Business-like administration
Non-profit Social and financial investment Relies on civil capacity
Interdisciplinary entrepreneurship
Entrepreneurship entails creativity and innovation to tackle issues with limited resources and maximize benefit through optimum use of resources. Therefore, a Waqf entrepreneurship is a multi-purpose model that merges several disciplines of entrepreneurship to mobilize efficiency and productivity to its assets and eliminate poverty and at its roots. Waqf entrepreneurs, which are the mutawallis (trustees), qadi (judge), beneficiaries, employees and even Waqf founders will all look for better ways to have to preserve the Waqf asset and have related work done.
Social entrepreneurship 2: It is “the construction, evaluation and pursuit of opportunities for transformative social change carried out by visionary, passionately dedicated individuals 3.� The obvious contribution of the Waqf is that it addresses the social needs of the community and can boost job opportunities and market commerce. Additionally, the civil capacity is employed by local participation of the voluntary sector of the community. Trustees exemplify volunteerism as they offer voluntary to do the tasks for which they receive a humble continuous reward for their efforts. Economic entrepreneurship: the economic sustainability of the Waqf entails financial investment in its properties for continuous income generation. Such sustainability is only possible through intelligent investment and productivity. Although the Waqf is a non-profit system, it encourages profitability of its assets to sustain its performance and benefits to its beneficiaries.
Chapter 4: Demonstrating the Opportunity
Benevolent entrepreneurship: the channeling of charity (monetary and physical) into effective and strategic projects instead of cash distribution. These strategic projects will respond to the specificities of their intended users and cater to as many needs as possible through improvised and creative solutions.
Social Entrepreneurship Business entrepreneurship: the
administration of the Waqf can operate like any business corporation by replicating its management, financial, marketing, ethical, and performance policies and guidance.
Benevolent Entrepreneurship
Waqf Entrepreneurship Economic
Entrepreneurship
Business Entrepreneurship
4 109 | Page
4.2 Re-activating the Waqf Now that I have pinned the four contributions the Waqf system and concept can provide, some of which are quite exclusive to the Waqf, to genuinely enable development from multi-dimensional perspectives, I will additionally convey how urban strategies and design can enable the Waqf even further in achieving its role and duties.
Chapter 4: Demonstrating the Opportunity
4.2.1 Strategic urban planning In order to achieve fundamental urban planning goals (sustainable development, urban coherency, functional diversity, cultural democracy, etc.) two implements are required: a. A vision The formulation of a vision as a general concept of the development wanted for the camp aids in orienting and focusing such development towards what is specifically needed. Visions generate a general, open and flexible development strategy and frame social commitments which strive to enlarge the civic realm, to enrich the urban culture and create new, sustainable urban space; they are premised upon attractive long-term perspectives and the structuring of the urban community as a whole 4. The formulated vision draws an image of a future abstract master plan in which strategic projects can be inserted to realize the overall development goals. b. Strategic urban projects (SUP) Urban projects that are strategic play a key role in confronting a real site, a specific context and its realities and transform them into innovative spaces of solutions. They embody actions and programmes that deal with limited resources, local actors and stakeholders, and respond to tangible interests alleviating urban needs to the minimum, if not reversing them to appreciated maximum. The key role of strategic urban projects, as asserted in “Urban Trialogues: Visions, Projects, Co-productions� 5, is capacitated in three ways: In other words, the vision delineates basic lines of a master plan indicating problematic nodes, weak connections, several socio-spatial issues that converge at single junctures, etc. along with highlighting potentials and urban opportunities. Then, the strategic projects will respond by acting upon several urban dilemmas on a prescribed limited area trying to deal with as many problems simultaneously in one project whilst offering strategic solutions.
1
| They make a fundamental difference - their structural impact and leverage
effect radically alter the adjacent urban fabric and stimulate upgrading, renovation and transformation through the introduction of specific functions, i.e., housing complexes, recreational spaces, public spaces, etc. In addition, they revitalize economic performance through commercial facilities and so on.
2 | They have the capacity to link, mediate and organize multiple actions and actors - their spatial role in mediation stems from the numerous gaps and anomalies of the built environment, including missing or divided urban functions and coexistence of contradictory or opposing elements.
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3 | They are feasible, visible and innovative - their medium-term perspective and
the intermediate scale along with their feasible logistics of realistic estimates of development potentials allow for well-embeddedness within the existing context.
The Waqf provides many necessary ingredients for strategic urban projects, and through planning for open-ended alternatives that are anti-rigid and anti-formal, urban projects can complement Waqf projects and reinforce their effectiveness.
Urban design (Vision & SUP) offers:
Property acquisition
Reorganization and development of site and context
Property tenure (resists dispossession)
Introduction of deliberate programmes and functions
Monetary financing (charities)
Combination of tactical solutions; spatial integration with social, cultural, economic aspects
Multi-dimensional sustainability
Enhance urban morphology, connections, accessibility and transport, etc.
Local participation
Consideration of urban ecology and landscape, social inclusion and empowerment
Ongoing reliance (perpetual nature)
Depends on social knowledge and needs
Chapter 4: Demonstrating the Opportunity
Table 13. A comparative listing of contribution the Waqf and Urban design can offer, each complementing the other.
Waqf offers:
For a real on-the-ground application of this idea of “Waqf - Urban design� complementarity, a group of active and committed actors who are both local and skilled (preferably) need to be mobilized towards this spatial development proposal or endeavor.
Mobilize
Towards the revivification of Waqf as an instrument for urban development and a self-enabled community. Towards concrete projects at the community level with all the various required departments, actors, goals, actions, etc.
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Chapter 4: Demonstrating the Opportunity
Figure 48. Aerial map of the Gaza Camp with outlined plots and street lines.
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4.2.2 Research by Design Through design research on the particularities of the surroundings of the Gaza Camp, an abstract vision is materialized; although debatable and evolving, it protects the non-negotiable agreed upon principles that are subsequently substantiated. The design research has already started through the understanding of the Waqf and its realities in Jordan and the camp in specific and through the understanding of the camp’s urbanity highlighting the constraints and potentials. Such design research aids in sorting out important issues, reformulating conclusions and selecting priorities to deal with the existing conflicts. The following section will give a spatial dimension to the outcome of this research and target spatial impact.
The people with enough spatial and local knowledge will (3) design urban projects in strategic where-abouts that cater to as many needs and tackle as many problems as possible. The array of projects will (4) be promoted to interested benefactors and/or a Waqf charity fundraising campaign can be carried out to attract (a) local and national donations and (b) gather small modest amounts of contributing individuals that can all be pooled together for erecting the SUPs. This can be likened to any architectural/urban development company who conducts site analysis, designs projects and then sells them to interested clients. Here the clients are the donors, and indeed the projects are architectural and urban development oriented. Nevertheless, the spirit of the process is socially elevated. It (1) empowers a marginalized community, (2) it borrows/implements a religious culture - the Waqf charity and ensures (3) feasible upgrading to the local reality.
Chapter 4: Demonstrating the Opportunity
The idea is that the people of the Gaza camp community along with spatial professionals (whom could be from the camp themselves) (1) come together and point out the problems they face, the functions they need and so on. Then they (2) articulate a vision of the development that is anticipated. This vision will be a foundational reference for the strategic urban projects that will be nominated as Waqf projects.
4.2.3 Primary and secondary projects In a Waqf system there two types of schemes; the service-providing projects and income-supporting/revenue-generating projects. The service-providing projects can be seen as the primary projects. These projects are purely dedicated to fulfill the needs of the “need list� of the community. A rough categorization of such projects are:
a | Employment/income-generating projects area-specific micro-projects such as handicrafts manufacturing, agriculture and vocational/industrial works, i.e., carpentry, forging, plumbing, etc. which generate both employment and income for the target groups of the camp.
b | Physical infrastructure and utilities whether enhancing the facilities within the camp such as the market, the bus stop, the commercial spine or outside such as water harvesting, garbage collectors, etc.
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c | Social and recreational functions The camp’s severe shortage of spaces for recreation and entertainment can be compensated through different multi-functional projects, i.e., open halls for wedding parties, children festivals, spaces for males and females, etc.
Chapter 4: Demonstrating the Opportunity
Secondary projects will have the sole focus of generating income and profit to sustain the primary projects. They may be secondary as in their benefit is indirect, however their existence and performance is vital for the success and sustainability of the primary projects. In addition, such projects do not necessarily have to be nearby the camp. In fact, it would be counter-productive if the camp residents would have to rent the offices and shops, hence pooling their own (scarce) money back into the system of Waqf. The idea is to direct a new means of income from abled sources, therefore if such projects were built in the capital of Amman or nearby established cities with a strong economy, i.e., Irbid, Jerash city, with strategic locations within these cities, then the probability of a higher percentage of income generation will be predicted and achieved.
Figure 49. Possible examples of primary and secondary projects.
Manufactures Vocational industry Agricultural lands Recreational functions
Shopping complexes Cooperative housing Entertainment centers Hotels
Primary Projects
Secondary Projects
It is important to note, that I cannot decide specifically which projects the secondary projects should be from my own studies and analysis of the urban situation of the camp, as the regional scale was not fully developed throughout the workshop neither the economical opportunities, circumstances, etc. Such projects need feasibility studies, accurate analysis and prediction of the economical viability of which projects should be located where and so forth to guarantee their optimum operational and continuous success. Therefore, I will only exemplify the approach of dealing with primary projects that are service-providing and strategically designed. Primary projects can be of two sorts, the ones that are outside the camp and can generate their own income (agricultural, industrial) or be supported by secondary projects, and the ones that are inside the camp and can be sustained by secondary projects outside the camp even if outside Jerash or even Jordan 6. Market Bus stop Street lighting, infrastructure maintenance Primary projects inside the camp
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Continuous financing and sustenance
Housing apartments Shopping mall or offices rentals Secondary projects outside the camp
Figure 50. Examples of secondary projects outside the camps that can finance urban needs inside the camp.
4.3 Two Examples An overarching investigation and examination of all the details of the urban issues of the camp wass not possible to exhibit within the few pages of the previous chapter. However, the intention is to display how Waqf projects’ analysis and feasibility studies can start from a larger urban scale, rather than the architectural and functional aspects only of the project building. 4.3.1 Vision frame - Strategic locations Sometimes it is best to decide a project and its program and then choose a good location for it. Other times, to solve an urban problem, one identifies the problematic urban zones and inserts regenerating projects exactly there to solve the problems and transform them into strategic solutions.
West border Village of Haddadeh
North and South border - Agricultural forests owned by the Ministry of Agriculture.
Tissue of the camp - densely populated with no vacant plots and spaces. UNRWA compound impermissible.
East border housing extension of camp inhabitants whom should also benefit from the projects.
Chapter 4: Demonstrating the Opportunity Introduction
A single secondary project such as an apartment complex a few meters outside the camp can tactically tackle more than one major issue the camp deals with. First of all, the camp has a high shortage of spaces for new families to start and newly-weds are forced to move outside the camp although the camp offers desirable facilities they cannot manage without. If we assume for the sake of an example that a donor, out of a rewarded will, wants to take over such a project, in the Waqf document the apartment tenants can be the new-weds of the camp, and the beneficiaries of the rental income can be dedicated solely for infrastructural maintenance of the market (water and drainage facilities, cleaning, etc.) and the lighting of the market streets and other streets inside the camp. The apartments will be small sized so that by the time the family has grown into a larger one, they move out and allow new tenants. Thereby, one single project of a building with a few storeys and apartments addresses more than one problem that can be even of urban scale. In addition, the benefit can be expanded to the majority of the camp inhabitants as street quality and conditions was one of the high-priorities of the camp (in their need list).
Figure 51 . Several urban limitations on each side of the camp proposing the concentration of proposed projects towards the East.
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Chapter 4: Demonstrating the Opportunity
As mentioned earlier, visions frame the image of a future abstract master plan in which strategic projects can be inserted to realize the overall development goals. The overlap of a profound reading, interpretation and understanding of the logics of the urban fabric, context, identity, morphology with its social, cultural, religious infrastructure will reveal latent potentials and urban opportunities. The figure opposite (figure 53) represents a proposed vision were the opportunities are highlighted and the spatial potentials are assembled for strategic exploitation and strengthening. When a framework is outlined, it will steer the projects into there strategic locations and guide the development. An overall frame ensures that projects can benefit the community collectively and not on individual scales of shelters only. It ensures that the projects are inclusive and reach out to the maximum users. Although the projects are most probably an architectural translation of the conceptual frames, however, urban interventions of land sites regeneration, major streets revitalization, circulation strategies, etc. are also possible with substantial impact on urban improvement.
SPATIAL READING
Boundary (the ridge)
WADIS
Bo
un
Urban tissue
Figure 52. An abstracted framework for the Gaza Camp.
da
ry
(va
The main spatial frames can guide to locate strategic urban locations where different frames overlap and intersect, or repel and disconnect.
lle
y)
Penetrating Spine
Bound
ar y (va
lley)
The figure 54 below, is a demonstration of how preliminary studies identify problematic zones, and figure 55 on the other hand, identifies possible empty and available plots. The overlap of the problematic zones and the vacant plots identify the most favorable areas for the Waqf - SUPs in addition to considering other key aspects such as closeness to the camp, accessibility, size, price, etc.At times, it is more favorable to shift projects away from overcrowded and constrained areas. In other times it is exactly in these zones that such urban acupuncture needs to be inserted. The reason the vacant potential plots are all concentrated towards the east of the camp is reasoned in figure 51 above. Figures 51, 54, 55 and 56 provide an understanding usual Waqf benefactors will not have a chance to discern. Therefore, even though the standard Waqf projects are feasible in the sense that the building itself can maintain itself, performs its tasks as wished for and so on, the donors most likely choose ad hoc, haphazard locations for their Waqf projects and cater to one need instead of many at once. Page | 116
Introduction
Figure 53. A proposal of a vision is best translated into a spatial framework wherein project interventions are inserted in strategic locations, (Courtesy of J. Aerts & T. Lanclus).
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3 1
4
1 The market of the camp is the economic hub. However, it suffers of poor infrastructure, maintenance and hygiene. 2 This is the peak of the bottleneck of the camp’s transportation and circulation spine, along with the inadequate bus stop. 3 This valley suffers from severe pollution of the camp’s waste, also used as a passage to reach the boys school and the extension of houses.
2
4 Entrance of the camp; garbage dump area.
Figure 54. Map of Gaza Camp indicating most problematic urban zones.
5
5 This part of the valley also suffers from severe pollution. Also used for family picnics when possible.
Potential land for agricultural projects Potential land for building projects
Figure 55. Map indicating hypothetically potential vacant plots around the Gaza Camp that can serve for agricultural or built projects..
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Example 2
Example 1
Figure 56. An overlap of figure 49 & 50 crystalize the most favorable plots for Waqf - SUPs.
4.3.2 The nominated projects Waqf projects can come in many sizes and forms, dictated by nothing but the good will of a founder and the existence of people, many or few, who need it. The following projects are a selection of proposals that, according to the need list produced by the UNRWA, the analysis of the workshop, the suggestions of local members of the camp’s community and my own readings and interpretations, can be seen as the most pivotal projects that can serve the camp well and should be “examined” as high-priority proposals for SUPs.
Project 1
Local manufacturing workshops or factories
Handicrafts, sewing clothes and embroidery, local and cultural food production (Za’tar, goat cheese, olive oil products)
Project 2 Project 3 Project 4
Industrial zone for local entrepreneurial enterprises 7
Local entrepreneurs and laborers can attend for more specialized workshops, training and management of their work
Agricultural farming and production
The locals of the camp have experience in farming and olive orchard care and pressing, in addition to the fertile land and relatively high percentage of rain fall
Water harvesting
The scarcity of water, the monopoly of water distribution by the municipality, and the unequal distribution expresses a strong need for such a project as expressed in the UNRWA workshop.
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Chapter 4: Demonstrating the Opportunity
Project 5
Housing apartments and complexes
Project 6
Recreational and entertainment facilities + Green spaces
The shortage of housing and lack of space within the camp has driven newly-weds to life outside the camp, however as close as possible to it for the benefit of its exclusive facilities.
The high density of the camp has left no space for it to breath through simple green spaces for children to play, young adolescents to gather and families to enjoy in gardens, playgrounds, etc.
4.3.3 Example 1 The border The overcrowdedness of the camp makes anything else look empAlthough this project (Example ty, barren and breathing. The immediate border encompassing the 1) is based on my own ideas and camp cuts a sharp line of what is in and what is out (figure 58). interpretations, it borrows illusIt is also the camp’s only escape for the natural urban excretions trations and architectural figures from the design thesis; “Gaza©usually discarded through underground infrastructure of piping Jordan: Reshaping the border as a and sewage discharge systems. central space for encounters and Therefore, we find the East and South boundary of the camp ex- interchange.” by Jasper Aerts and 8 cessively contaminated by years of sewage ejection and garbage Tom Lanclus . discharge. This not only affected the ecology of the surrounding, but also weakened the connection of the camp with its eastern urban sprawl, and any attempt to use the surrounding areas will have to firstly disinfect and cleanse deep layers of saturated pollution. The reversing of this negative space bordering the camp into a positive and well-connected one will dramatically change the perception of the area as well as provide welcoming opportunities due to its nearness to the camp, and direct accessibility. Informatie bij foto, plan of schema. Mag verplaats worden, bijvoorbeeld onder een foto, maar deze breedte aanhouden.
Normale tekst 1 kolom Buiten uitgelijnd
View from southern to nor
Figure 57. A panoramic view of the Eastern border with the camp urban tissue to the left and the eastern camp sprawl to the right, (Courtesy of J. Aerts & T. Lanclus).
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Chapter 4: Demonstrating the Opportunity Introduction
Figure 58. The sharp invisible border of the camp diffrentiates clear separation between the urban tissue inside and out. The outside, however, offers various vacant spaces for camp-supporting porjects, (Courtesy of J. Aerts & T. Lanclus).
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Chapter 4: Demonstrating the Opportunity Introduction
The location As illustrated in figure 56, Example 1 is an overlap of a problematic zone and a potential vacant space for a Waqf-SUP. In spite of the fact that it is environmentally contaminated and weakly connected with the outside tissue, it is at the main entrance of the camp providing an opportunity if strategically perceived so. One of the major reasons of the congested traffic along the main road within the camp is the transportation buses which continuously stop every 20-30m to drop passengers whom do not need/want to be dropped off at the end of the road where the bus stop officially is. The project area can provide another stop at the beginning of the camp for passengers’ dispersal in addition to a transportation circulation for customers and users (from the camp, Jordanian villagers, Jerash residents) to make use of the facilities and products offered (buying produced goods, vocational services, etc.) by the project. The project This single building project aims to satisfy major needs and demands of the community. The idea is always to benefit as many residents as possible along the full spectrum of ages. Therefore, various functions are catered for, depending on the highest to lowest priorities. Close to camp / walkable distant for women from their houses
Project Profile Design concept
Designed function:
A functional multi-activities project responding to employment opportunity, cultural, and social needs. The design is phased for incremental construction, utilizing the maximum at each stage (see 4.3.4).
. Vocational training workshops and administrating center . Sewing and embroidery workshop factory . Multi-functional hall (weddings, parties,.) . Waqf - SUP administration office . Outdoor youth cafe . Bus stop and garbage collector
On main street Various labor forces to benefit from Users of all ages Phased construction Multi-functional
The project caters primary to the immediate priority of employment, income-generation and local production. It also makes this possible for both men and women. Since the majority of men are skilled in vocational labor such as carpentry, plumbing, car services along with masonry and construction skills, this project provides a space for work and services to be produced and delivered, and also assigns a so-called “head-quarter” that manages their work. This is deemed necessary as many workers of the camp work as self-employed contractors with little coordination between the other entrepreneurial contractors of the camp. The management of their services as a cooperative business will ensure efficiency that will encourage more customers to favor the camp’s services. In addition, an open hall is dedicated for embroidery manufacturing in which the women of the camp can produce hand-sewn and machinery clothes and handicrafts. A storage room on the same floor will allow for the movable machinery to be stored away to use the open hall for other functions such as ceremony events, e.g. weddings, Eid gatherings, graduation celebrations, etc. The lack of a space for cultural demonstrations and activities was expressed as a high priority demand. Page | 122
Example 2
Introduction
Example 1
Figure 59. The vacant land plots largely dominate the immediate border of the camp. On a limited area of these plots, Example 1 and Example 2 will take place,(Courtesy of J. Aerts & T. Lanclus).
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Daytime-nighttime To make the most of a single Waqf project, the architecture should be flexible to accommodate different functions at different times. Daytime workshops can be used by the senior workers to manufacture their products, and in evening time (when workers go home) the work space could be used to teach junior novices and trainees. The same applies to the open hall. If designed in a multi-functional perspective considering different and unrelated functions to be used for, then issues of privacy, lighting, electric supply, restrooms, storage, etc. will all be combined to support this space for flexible and in a multi-use ability. Figure 60. Workshop space open to main street for different sorts of works,(Courtesy of J. Aerts & T. Lanclus).
Subtitle
Book 2
Introduction Chapter 4: Demonstrating the Opportunity
The roof When SUP design research consults social knowledge, many functions are recognized in simpler and more appreciated ways. One of such social knowledge is roof functions. In Jordan, almost all roof tops are flat. It is inherently typical to use the roof for a variety of functions from very functional such as storage and hanging the clothes to dry to very entertaining such as parties and friends gatherings, drinking tea or smoking waterpipes, etc. Because the shelters of the camp are built without solid structure and foundation, the roof cannot be compromised to be used for even storage (many roof are simply zinc sheathing). Therefore, the compensation of “roof life� in this project will demarcate an outdoor serviced place for young men gathering, families, etc. A simple addition to make this successful is to add a cafe shop, seatings, and lighting and the roof will transform into a recreational function instead of being merely a roof.
Quoin level +0, souther [vocationa
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Figure 61. 3D model depicting the different spaces, (Courtesy of J. Aerts & T. Lanclus).
125 | Page
Informatie bij foto, plan of schema. Mag verplaats worden, bijvoorbeeld onder een foto, maar deze breedte aanhouden.
Normale tekst 1 kolom Buiten uitgelijnd
Job opportunities for both men and women
Spaces for social celebrations, i.e., weddings, funerals, graduations, etc.
Social
Spaces for social gatherings, i.e., Religious ceremonies, cultural festivals, ..
Tekst
Local production and manufacturing Training opportunities for practicing skills
Economical
TITEL (ALTIJD UITLIJNEN MET ONDERSTE REGEL)
Allay along intimate garden.
Spaces for young individuals to gather in an outdoor space that is serviced and suiting
Recreational
Maintained garbage collection area
Spatial
Chapter 4: Demonstrating the Opportunity
Transportation connection via an organized bus stop
Auditorium can cater all sort of functions from art, theater, cinema to physical education, yoga sessions, to cultural performances, competitions, etc.
Table 14. A table highlighting the social, economical, spatial and recreational opportunities Example 1 provides.
A typical Waqf project would respond to one need by providing one function, occasionally two (most common examples are a school, mosque, and clinic). Since education and health is the primary mandate of the UNRWA, Waqf - SUPs can focus on other needs that should be fulfilled, compressing as much needs into one project, strategically.
Roof terrace
c ti o n of c a
p m
Cafe services
h se
Multi-functional Hall
N
o rt
Bus stop 2 (Project proposal)
Fro m
villa ges
Waqf Administration + Storage
it y
So uth S ect ion
p cam of
Bus stop 1 (Existing)
Fro mJ era sh c
Auditorium Vocational Workshops
Administration + Storage Circulation core
e nc
ai
M
Figure 62. The position of the project on the main road and at the entrance of the camp allows various customers who seek the products and services to reach the project through public transportation. Since the Jerash residents are the more wealthy ones to be attracted to use the camp’s production, the advantage of being outside the camp is that they will not have to enter the congested road in the camp, and have problems with parking their cars.
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n
tra en
Figure 63. The architectural composition of the proposed building should allow for future expansion. Therefore, a circulation core that is decentralized should be foreseen to connect to other future extensions. Additionally, social knowledge will allow for details that are appreciated in the specific culture of separated entrances, roof functions, special services for multi-functional halls, etc.
Wom en
entra nce
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sS Bu
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te iva r P
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Connect i ng
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Entrance
area ying pla
Figure 64. Site plan depicting urban spaces and facilities provided by the Waqf - SUP example.
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(Image with courtesy of J. Aerts & T. Lanclus)
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4.3.4 Example 2 Since employment is on the top of the list, every project should be a means of income-generation, whether completely or partially. Although the basic function of this project is agricultural farming and production, various other functions are subtly combined to strategically solve certain urban issues and create new re-freshening urban pockets for the community. Close to camp / walkable distant for women from their houses
Project Profile
Chapter 4: Demonstrating the Opportunity Introduction
Design concept
Tekst
An terracing system of agricultural levels that produces local vegetables through a self-sustaining water system. Through playing with slope levels, the project will cater to other functions than agricultural farming such as green gardens and community spaces.
Designed function:
. Agricultural farming of local vegetables such as tomatoes, cucumbers and lettuce. . Water harvesting and purification. . Decontamination of the ecologically-infected valley. . Linkage with camp sprawl residences . Improved accessibility to children’s school . Green pockets and community spaces.
Steep slope Fertile soil Green open space Agricultural production Linkage and accessibility
The miracle of a seed is that it produces its nutritious bounties without any cost. If the soil is fertile and the area provides promising amounts of rain, then with the efforts of dedicated farmers a barren valley can turn into a heavenly garden. Many of the inhabitants of the camp have farming skills as they work for adjacent Jordanian farms and olive orchards. With agricultural expertise and a reasonable capital to start such a project, production can accelerate to self-sustain the project and generate profit.
Figure 65. A view of the ecologically-contaminated and heavily polluted valley at the border of the camp and the difficult accessibility towards it, (Courtesy of J. Aerts & T. Lanclus).
Highly contaminated wadi in the north-east. Page | 128
Children’s school
Chapter 4: Demonstrating the Opportunity Introduction
Figure 66. The site of Example 2 is crossed by children to reach their school at the top of the hill and by camp visitors who come from their neighboring residences.
Figure 67. Topography model showing the contour lines sloping towards the valley site of Example 2 project, (Courtesy of J. Aerts & T. Lanclus).
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The border crossers Although any nearby site location of this project could fulfill the function of an agricultural project, this strategic position is situated in a problematic zone that can reverse many negative issues into positive ones.
Chapter Introduction 4: Demonstrating the Opportunity
One of those negative issues is poor accessibility and connection. As indicated in figure 66, the site’s boundary joins the camp with the adjacent eastern sprawl of the camp. School children pass up and down the site’s slope every day to reach their school at the other end of the hill. These children along with many residents of the adjacent residences find great difficulty in reaching the camp and have to cross the polluted valley as it is the shortest and only way. With a few stairs and some greening of the valley, this distressing journey of crossing the border can become a favorable one. The harmed environment What is clear in the pictures below is the litter and rubbish that is visible above the ground. What is invisible and unclear is the sewage waste and domestic refuse that has saturated the valley’s soil due to years of continuous discharge. Certainly, the camp community is not to be blamed as this was their only way out, however, it is necessary to disinfect the ecological contamination for a healthier and safer environment. Therefore, part of this project will be dedicated to primary cleansing and preparing of the site to suit agricultural farming. On the other hand, any advantageous nutrients enriched by the natural fertilization process of the sewage could be kept and enhanced for the benefit of the plantation.
Figure 68 and 69. A view upwards the slope of th site showing contaminated area and the path the children and camp-family visitors need to cross to reach the camp.
The slope In order to collect rain, the harvesting tank should be below, relying on gravity to guide the water towards it. The project’s valley is a result of three hills sloping towards it as evident in figure 65. If a water collection tank is dug at the lowest point of the site with naturally-carved canals to lead towards it, then a large amount of water can be guaranteed. Besides, due to the mountainous nature of Jordan, an indigenous system of terracing is a familiar solution to step slopes. The terraces could be varying in size and scale creating small pockets for intimate community gatherings and large plots for agricultural production. Page | 130
Chapter 4: Demonstrating the Opportunity Introduction
Figure 70. 3D illustration of designed levels for terrace farming and other functions, (Author).
Figure 71. Illustration depicting terrace farming along the sloped border of the camp with linking stairs to the other side of the valley, (Author).
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Link camp with Eastern urban sprawl Improve accessibilty Enhanced spatial quality
Greening of space
Spatial
Chapter 4: Demonstrating the Opportunity Introduction
Safety for children to reach school
Water harvesting to self-sustain project and/or supply for camp shelters
Disinfect polluted area and reverse into clean natural habitat
Figure 72. Suggestion for the water capturing system along the levels of the terraces with natural materials purification system, (material UNRWA workshop)
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Economical
Social
Individual groups, i.e., friends, neighbors, female teams, etc.
Farming production
Environmental
Agricultural employment
Community outdoor gathering spaces
Table 15. A table highlighting the social, economical, spatial and recreational opportunities Example 2 provides.
en e
farming
es
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sS Bu
Chapter 4: Demonstrating the Opportunity Introduction
Connect i ng
Leisure s pa c
Income g
ng r ti
top
lity sibi s ce
Figure 73. Site plane depicting urban spaces and facilities provided by the Waqf - SUP example.
Local production of agriculture
Local materials
Indigenous retaining systems
Local garden designs, i.e., vine and jasmine pergola
4.3.5 Phasing Since Waqf - SUPs are eventually charity-based projects, the budget for their implementation relies on donations. This means that large projects such as those of the private sector cannot be implemented at once only in the case if one wealthy donor generously supports the full project. Nevertheless, generally speaking, it is more feasible if such projects are phased so that they can start implementation with small-scale budgets. In Example 1, such phasing could be as follows:
Chapter 4: Demonstrating the Opportunity
Phase 1 Purchase the land
Phase 2 Project foundation + First floor + circulation core
Phase 3 Second floor + Roof terrace
Phase 4 Auditorium
Phase 5 Expansion: vertical: third level horizontal: new ground functions
This way, donors are more encouraged if they feel they are not pressured to subsidize a full project and can choose to support whichever phase suits them best. Architecturally, this means that structural foundations should be calculated for further vertical expansion and the spatial configuration should allow horizontal expansion that is still well-connected to the former building. The concept of a Waqf also allows gifting of movable assets. Therefore benefactions such as machinery (manufacturing machines, sewing machines, etc.), working tools, tables and chairs, and even utensils are a welcoming gesture of an everlasting charity for a Waqf project. This means, when benefactors approach the project to offer donations, the range of choices will be suiting to a wide scale of budgets and monetary amounts. Moreover, the charity-based nature of WaqfSUPs allows other Islamic charities that are not Awqaf that are not physical but can aid in pooling a business capital for the income-generating projects, for example, purchasing clothing material and fabric for the women’s embroidery factory.
4.4 A Generic Model The generic model is a framework of Waqf - SUPs implementation that is flexible and generally-guiding enough to be used and replicated in any given context of Muslim communities. It can be implemented for poverty-alleviating projects, deprived communities projects, humanitarian projects, etc. with the goal in mind to upgrade economic conditions rather than depending on short-lived re-distributive charities. In addition, we keep in mind that we aim for strategic projects as explained previously. Therefore, prior to project choices and implementation, a comprehensive study of the urban conditions of the area will highlight the specific community’s shortcomings and problematic zones, and its potentials and assets.
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4.4.1 Where to start There are two proposed steps for the mechanism of organizing the Waqf as a planned activity in a strategic manner to establish and support “selected” planned projects. Step 1: Step 2:
1.
Establish a Waqf Administration Body (WAB) to direct and manage the projects Plan high-priority and low-priority strategic developmental projects
Establish a legal non-profit, non-governmental foundation related to the third sector.
Waqf Administration Body
- Manage the financial account of the trust. - Operate the investment projects and manage profit generation operations. - Produce monthly reports for the administration and for the public. - Produce studies that assess the current project and propose for extension, expansion, development, etc. - Distribute output to beneficiaries.
Management group
Development group
Administration Dep.
Public Relation Dep.
- Coordinate between the various departments. - Receive stakeholders and conduct regular meetings. - Conduct check-ups and up-dates of all projects making sure they run well as planned, any short-comes etc.
- Promote the Waqf organization and publicize its performance. - Fund-raise for selected projects. - Receive donors and reach out for general and specific donating organizations, groups and individuals.
- Work on continuous basis with the community for feedback, participation, suggestions. - Develop projects that can be suggested as Awqaf. - Create a comprehensive plan of the existing Awqaf the organization runs, other Awqaf, future-possible Awqaf etc. - Propose other developmental projects such as Islamic micro-finance..
Step 1
Financing group
Chapter 4: Demonstrating the Opportunity
2. Determine the following minimum groups (a group could comprise of 2-4 persons) with competent and expert staff to manage their specific department, and the volunteering actors as the ones that carry out more general activities.
3. Establish a charitable trust account, choosing an Islamic bank 9 in the name of the Waqf’s charitable organization.
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1. Produce a need list with the community of social and socio-economic deficient functions and facilities (that are most likely not to be fulfilled by the government) along with allocating the regions of most deprived families as possible beneficiaries.
2. Produce an urban development scheme identifying: - Strategic locations for the projects. - Strategic functions (e.g. tourism, recreation). - Collaborate with the government by amending shortcomings in their future development plans. - Indicate existing Awqaf which are deteriorated, idle, or functioning to see which ones can be revitalized, integrated (if possible).
Step 2
Chapter 4: Demonstrating the Opportunity
This should be done with professionals such as a social worker, urban planner, economic developer and the community and/or community representatives.
3. Negotiate with land owners, property sellers, existing buildings statuses for certain prices and conditions.
Negotiate with old Awqaf project trustees to add/build new Awqaf projects as a support or expansion project. 4. Design the projects with the social information and recommendations in mind.
Propose legal documentation of the proposed development projects, where the Waqf Administration Body (the NGO) is the trustee (mutawalli), the ministry in which the NGO is registered will follow up their work (for supervision only) and the assigned beneficiaries.
4.4.2 Tailoring the model In order to fit into each context, the framework has to be flexible for any additions or amendments to occur. In applying the model above, if this were to apply to the Gaza Camp, a few elements will be added or amended according to the existing and available potentials. Step 1: Establish a Waqf Administration Body to direct and manage the projects
1. Establish a legal non-profit, non-governmental foundation registered under the Ministry of Social Development.
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2. Hire managerial experts for administration of all department. Allocate the specific educated degrees within the graduates of the camp for sub-tasks within their specified department. List general volunteers whom wish to assist in general works, i.e., cleaning, monitoring, campaigning, etc.
3. Establish a charitable trust account, choosing an Islamic bank in Jordan for the organization. Step 2:
4. Raise awareness between the inhabitants of the camp of the Waqf concept of the organization, its goals and its perspectives.
Plan high-priority and low-priority socio-economic developmental projects
Urban development scheme
UNRWA collaboration The Infrastructure and Camp Improvement department has a vision of producing a master plan of studied function and proposed urban projects that can be merged. Community Architecture/planning/social sciences/economy etc. students and/or graduates of the camp can conduct their own research and suggestions for a complete development scheme.
Although the UNRWA is not a direct stakeholder of the organization, as a local actor in the community whose beneficiaries are the camp residents, useful data and studies can be exchanged and complimented.
Chapter 4: Demonstrating the Opportunity
Need List and Community Involvement
UNRWA collaboration 10 Benefit from UNRWA’s ongoing Infrastructure and Camp Improvement department’s conducted studies and produced need list. Engage with the existing Participatory Platform and community representatives to reach the community and involve them within all aspects of the Waqf projects.
As for the urban schemes, several proposals can be presented and voted on for the most desirable and implementable alternative.
Negotiations and deals
Selection of proposals
DPA After identifying potential land plots, the DPA and/or the organization representatives can negotiate selling deals with the Jordanian owners of the land, especially the plots along the borders of the camp and some UNRWA-rented plots within the camp.
Waqf Organization and community Focus groups and workshops can tackle the major issues of the camp, and more thorough designs can be produced by community locals of background professions i.e. architecture, urban planning, development etc. guiding the needs of the community into physically realizable projects.
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Thereby, the initiative of each Waqf will originate from the WAB in an organized manner with the assistance and guidance of the community. This signifies that the Waqf projects are decentralized as they formerly were and are now in the direct hands of the trustees and beneficiaries.
One cannot solely depend on the community to establish such an NGO and take care of it themselves. A partnership where many groups and stakeholders pour their own skills, knowledge, time and energy guarantees a consistent sustainable process as it does not rely on the commitment and success of one group of people. Therefore, a necessary prerequisite to the approach of any Waqf - SUP is to (1) identify the relevant stakeholders, (2) the committed people whom will offer their energy, knowledge and profession backgrounds throughout the project and (3) two or three urban professionals (could be from the local community) whom can pour their expertise into developing successful urban projects. A few recommendations such as below (exemplified through the case of the Gaza Camp) guide towards a more effective approach in establishing a Waqf - SUP institution/foundation/NGO.
1. Develop the organization’s Staff body Waqf
Training - Hire Waqf-trained administrators for initial guidance and management for the WAB - Encourage pupils and young students to study the Bachelor at the Jordan University for the specialist diploma in WAQF and charity work field “Administration Endowment Diploma” for future involvement with the project and training practice.
Waqf
Ethics - Request a few volunteers to attend Waqf training courses such as: a. Reputation management and corporate social responsibility and charitable endowment b. Waqf Fund Administration
Legal
Entity - Understand all the legal regulations, laws and structure of non-profit charitable organizations - Determine qualified staff with qualified Waqf training for regulating the organization as the Waqf’s trustee.
Waqf Trust Legal
Chapter 4: Demonstrating the Opportunity
4.4.3 Recommendations As mentioned before, strategic urban projects (SUPs) aim to involve local stakeholders and link their information, needs, and requirements into a synergized project of local knowledge and participation. Having stated the why and the how to establish Waqf - SUPs, what is left is the who? Who will plan such a project, who will initiate such an effort, and who will establish an NGO to do so?
- Understand all the legal regulations, laws and structure a bank account of a foundation’s trust - Guarantee transparency, continuous reporting, .. - The chosen bank MUST be an Islamic bank
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2. Determine Stakeholders and partnerships Specify: Required qualifications Type of relationship Expected roles and duties Cross-benefits
UNRWA + ICIP . Knowledge exchange relationship . Collaborate with proposed projects of its “master plan� where some projects can be realized through Waqf projects
Department of Palestinian Affairs . Arrange necessary links and networks with municipalities and ministries . Representative vis-a-vis Jordanian owners for selling and bargaining properties
Stakeholders
Community Development Office - CDO . Benefit from the existing departments as a collaborative support i.e. promote Waqf projects in their activities. . Benefit from their experienced volunteers
Islamic Zakat Supporting Committee for the Palestine People . Benefit from their donor networks . Provide religious guidance in certain matters . Provide expertise in legal documentation and any other background experience
Figure 74. An example of the identification of relevant stakeholders and their expected duties in the Gaza Camp.
3. Feasibility Studies Feasibility studies are very costly and can only be conducted when more concrete projects have been delineated. However, pre-feasibility studies are highly recommended as a quick overview of all the possibilities assessing their pros and cons, successes and failures, etc. without going into a deep calculated economic survey for each projects. Once a pre-feasibility study has assessed all the preliminary proposed projects of the urban development scheme projects, a selection of projects can be chosen according to the most likely-to-succeed projects uncovered by the pre-feasibility survey.
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Chapter 4: Demonstrating the Opportunity
Islamic Center Charity Society - ICCS . Benefit from their donor networks . Provide religious guidance in certain matters . Provide expertise in legal documentation and any other background experience
Local community . Local experience and guidance for need list and project studies . Local workers as staff in the WAB . Local students and graduates to be trained and participate with their field knowledge and practice.
UNRWA collaboration L
1
ICIP urban master plan of development projects
Engage Interact Learn from community and UNRWA experts
Involve in focus groups, workshops
Participate in the development of the ICIP urban development masterplan
Support and take over some projects; if donors available for WAB and not for UNRWA
Exchange of: Knowledge expertise donor networks projects
Volunteer activism and energy
1
2
Existing CDO volunteers
Local volunteers of all ages
Encourage and provide specialized training for Waqf A d m i n i st rat i o n , marketing, funding etc. Develop various skills of each committed volunteer
Hire experts in Waqf administration and development
Trained volunteers by hired experts of various fields
ainable training S ust
Chapter 4: Demonstrating the Opportunity
2
Existing participatory platform
Foster: Local activism Develop skills Utilize human energy and support
New volunteers receive training from experienced volunteers
Negotiating properties
1
2
Through DPA status and connections
Through informal connections of the community, relatives, acquaintances etc.
DPA and WAB representatives negotiate with Jordanian owners, explaining the divine reward of participating in acts with religious and philanthropic goals. And/or
Guarantee: Nearby properties to be sold by original owners
Community members whom have established connections, relatives with previous experiences in buying properties from neighboring Jordanian families..
Experience and background application
1
2 Page | 140
Experienced backgrounds of labor work
Educational backgrounds of various fields
List skills and demographic information Categorize who can benefit most from which types of projects
List education degrees and demographic information Categorize which projects can benefit from and for which graduates
Employment: each in their field of experience
How and who to start with?
Establish a registered non-governmental, Establish WAB non-profit organizaHQ outside the tion at the Ministry of camp Social Development of Jordan
So that the DPA has no right of control over it With a mandate to coordinate charity work efforts, manage funds from national and international donors and establish appropriate logistical support for building and managing such projects.
Figure 75. A proposed process of involving each stakeholder in chronological steps.
In conclusion, the Waqf has certain qualities that nominate it as a development-oriented system for uplifting difficult circumstances of deprived communities.
In the two examples, it is evident that one piece of land or a single building of two storeys can make a tangible difference. By planning tactically, the Waqf project can be integrated into strategic urban project that can answer many urban, social and economical problems in a single project. Invite UNRWA’s ICIP department and exchange concepts and ideas of the type of possible partnership. Agree on the type and depth of the technical support they can offer.
Invite Islamic Charity Society Center administrative representatives to negotiate the extent of partnership and expertise exchange i.e. legal documentation, charity work etc. Share the list of networks and connection of regular national and international donors.
The Waqf - SUPs can be reproduced in any given setting because they intend to answer exactly the specificities of that setting’s context. Therefore, a generic model is proposed that can guide the establishment of Waqf - SUPs within the local community itself.
Contact networks of donors from both CDO and ICCS Expand network with further relations
Notes 1
Invite CDO volunteers and other willing local volunteers from the camp and compare similarities in their agenda and that of the WAB Train the volunteers for specified work and administration
F u n d - ra i s e and promote
Receive visitors and Donors
Feature coined to the Waqf by Monzer Kahf in “The role of Waqf in improving the Ummah welfare”. 2 Feature coined to the Waqf by Salarzehi, Habibollah, Hamed Armesh, and Davoud Nikbin in “Waqf as a Social Entrepreneurship Model in Islam.” 3 See OECD Studies on SMEs and Entrepreneurship. “SMEs, Entrepreneurship and Innovation”. 2010. 4 See Loeckx, Andre. Urban trialogues: visions, projects, co-productions; Localising Agenda 21. 2004. 5 Loeckx. Ibid. 2004. 6 Global Awqaf are now a common practice in various Muslim countries where the founder could live in one country, assign a project to trustees in another country that will generate income for specific beneficiaries in yet another country. 7 It is estimated that at least 60% of the able men of the camp are skilled at construction work and various vocational practices, and need a more organized project to collect them under one roof and manage their customers. 8 Aerts , Jasper, and Tom Lanclus. Gaza©Jordan: Reshaping the border as a central space for encounters and interchange. Bachelor Thesis. Leuven: KULeuven, 2014. 9 Islamic bank means that it complies to Shari’a financing e.g. does not work with usury, interest on loans, speculation etc. 10 During an interview with the deputy director of infrastructure & camp improvement of UNRWA, Muna Budeiri, she clearly advised that UNRWA should not be asked for duties outside its mandate, however on the other hand, can assist in collaborating and providing technical information gathered by their own field studies (see interviews).
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Chapter 4: Demonstrating the Opportunity
Primary projects have to be strategic and target social, spatial, economical and other relevant problems that the specific community suffers from most. Secondary projects, on the other hand, have to be feasible economically and profit generating. A strategic location is preferred but they do not necessarily have to solve urban problems, social aspects, etc.
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Conclusion 143 | Page
Conclusion
Conclusion
Conclusion The presented chapters have led us through a diligent journey of Waqf’s past, its present and a promising future that is awaiting for it. This research wanted to find out whether the Waqf could bridge its proprietary status within a legal framework to the Gaza Camp residents in order to create supporting projects that can upgrade their living circumstances and compensate to their lack of ownership rights. The conclusion was that the Waqf not only able to provide to the people of the camp a helping hand in purchasing property and grant collective ownership and usage, but also delivers developmental support and opportunities through its multi-dimensional system of cultural, religious, social and economical attributes. Perhaps the genuine contribution this dissertation has proven to offer is that it delineates a promising space for the Waqf in the world of urbanism and urbanity. It demonstrates how strategic spatial planning and urban projects (regardless of their scale) can truly reinforce Waqf projects in providing effective and uplifting endeavors that eliminate many urban problems from their core.
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The four chapters The first three chapters were a design research that collected the necessary knowledge to understand the mission of the final chapter, chapter 4. They meant to understand the conditions and context of the Waqf and of the Palestinian Refugee Camp of Gaza, both their past and present situation, to be able to draw relevant conclusions and extract necessary characteristics and understandings for future proposals on the design and framework that followed.
Conclusion
Chapter 1 had two parts. The first part contextualized the Waqf within its original concept of being a charity-based, faith-based, and community-based act. It is, firstly and lastly, an Islamic everlasting charity that promises the benefactor delightful rewards. In addition, the Waqf is re-discovered to be a notion of the Commons. Even though this contradicts with what it presently is today, it was started as being so and lasted for a long time as a Common sector and community-based system that was unrelated to the government or the market. This can be seen in the fact that the caliph Omar ibn Al-Khattab, who formalized the deed of the Waqf charity, assigned the Waqf trustees at his time to be his family and local residents and not employees of the Islamic state. The second part delineated Waqf’s multiple features by stating its definition in the Muslim and academic world, outlining the intricate law that it has evolved into through Islamic jurisprudence, the institution’s actors and elements and the inherent features it possess. The history of accomplishments of Waqf rendered an image of how important, how profound and how widespread the system of Waqf has reached throughout many continents. The various achievements proved the Waqf to be indeed a socio-economic developmental system that is realized by the people themselves through the voluntary transfer of an allocated private capital of theirs into an accumulative pool of Waqf capital and assets. The history of the Waqf revealed furthermore the changes that it underwent through and after the colonial period from which its traces are still evident and practiced in many of today’s Muslim societies. This has caused the present Waqf administration to be pulled away from the hands of its local trustees and beneficiaries (the commoners) into a centralized single governmental authority. This consequently has plunged the Waqf system into a stagnant and inefficient system completely opposite to what it used to be before, and in turn Muslim initiatives have awaken to the unacceptable condition the Waqf in trying in various forms to modernize, develop and enhance the classical Waqf system and its conditions through private Waqf institutions. Chapter 2 explicated the state the Waqf exhibits in Jordan nowadays. This has led to an awareness of two types of existing system of practiced Waqf in the country; the institutional and the customary. The chapter described the institutional system as the formal ministry practice by the Ministry of Awqaf and Islamic Affairs and Sanctuaries conveying all the laws, rules and examples that have been taken into action by this ministry. On the other hand, the popular practice of Waqf is meant to be under cover from governmental seizure and practices in the light of the Waqf concept and spirit through the corporal governance of legal entities. Chapter 3 attempted to depict the circumstances the Gaza Camp lives today and the reasons that have directed them to be so. In addition, a preliminary urban understanding of the camp was illustrated to give a clearer understanding of the camp’s spatial nature and characteristic that allows for a better understanding of the two projects that emerged, as a result of this understanding, in the following chapter. Chapter 4 was the concluding content of the former three chapters. It firstly synthesized the in-
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terpretations and deductions of the three chapters building a foundation on which the proposed framework would be set. Four features were acknowledged that nominate the Waqf as a successful solution to the interrogation whether the Waqf is suitable to fulfill the proprietary requirements of a community deprived of a national ID number and hence deprived of the right of ownership, right of employment (in public sector and/or private institutions) and other civil rights. The chapter aims to illustrate the value of the Waqf when considered as a developmental tool. Furthermore, if this developmental tool was utilized to achieve urban goals through strategic urban projects, the services of Waqf projects will strengthened and functioned effectively. Therefore, the goal was to propose a new system of Waqf implementation that opposes the traditional system of the Waqf responding to one single function and one single social and/or socio-economical problem. The spatial dimension added by looking at Waqf projects from an urban perspective assisted in solving urban issues and problematics through the Waqf - SUPs. Thereupon, a generic model was suggested that enables the replication of Waqf - SUPs through flexible, abstract and open-ended steps.
Nevertheless, the Waqf can enable other circumstances of deprived communities who endure other difficulties than the prohibition of ownership. Therefore, the other three distinctive features of the Waqf, being (a) social, economical and physical sustainability, (b) continual social and financial motivation and (c) a Waqf entrepreneurship, extend Waqf’s instrumental capacities to encompass the aid and sustenance of any community within the less fortunate segment of a society.
ses
The new breed of Waqf entrepreneurship originated from it being fundamentally related to the third sector. Vo lu
Gaps in public service delivery
r of
Social Public-private Entrepreneurpartnership ship Competitive sourcing Third-party goverment
| Busines
ector
Demands for sustainability
P
i
ts
te S a v ri
Demands for accountability
Corporate social responsibility Earned-income ventures
rd) Sector | No (Thi np
Call for business ethics
ry nta
Opportunities to provide public services through private organizations
Demands for efficiency Preferences for choice and competition Reliance on business and nonprofit service providers
Pu bli c
r|G cto Se
overment
Figure 75. The three traditional Sectors: Social Entrepreneurship emerges in the growing intersection, (Wolk, 2007).
147 | Page
Conclusion
Why the Waqf? Once again, the choice of the Waqf as a solution-based system will be emphasized to accentuate its given features as an enabling instrument in various dimensions. Perhaps, the most eminent quality the Waqf system bridges is the property acquisition to its users entitling them with tenure capacities that allows them to use and benefit from the property and its provided assets, i.e., income, physical structures and functions, fruitful trees and vegetation, etc. The perpetual nature of the Waqf grants a ongoing withholding of the custodial possession meaning that the system and the property will be continuously empowering and available.
Third Sector entrepreneurship Organizations that are formed by people to offer a variety of services to themselves or to others or to advance a cause, but not to make money play a central role in public governance achieving and sustaining a prosperous economy and a just civil society 1 . These organizations are known variously as voluntary organizations, non-profit organizations, non-government organizations (NGOs), people’s organizations, community-based organizations, cooperatives and civil society organizations all together constituting a third sector that is from both government and business 2. Third-sector organizations include charities, foundations, religious associations, etc. Certainly then, the Waqf is part of this sector and can be justly represented by a non-profit, non-governmental organization as a product of private collective action to provide its services to the appointed beneficiaries advocating the interests of its members.
Conclusion
If social entrepreneurship is a practice that responds to market failures with transformative, financially sustainable innovations aiming at solving social problems 3, then the Waqf is exactly so. However, contrary to popular belief, Awqaf organizations have many similarities to private sector corporations – assets need to be managed, revenues to be earned, bills to be paid and reports to be made 4. They also undertake a wide range of activities such as project management, raising of finance, and maintenance of key banking relationships meaning that the Waqf may adopt some of the private sector’s concepts of corporate governance and apply some of its commercial principles and benchmarks 5. Temporary vs permanent As to the particular sensitivity the Gaza Camp poses of a refugee camp being temporary whilst the Waqf signalizing permanency, this fact should not contradict or suspend the venture of merging the Waqf concept with the complementarity concept of the Waqf and the camp. This is simply for the reason that the founders of the Waqf have assigned the ex-Gazan Palestinians as the beneficiaries and if these Palestinians were able, at some point in time, to return to their homeland, then these projects can still used by those who decide to stay, other Jordanian people who can rent the property and its function and allocate the rent to those Palestinians even if they are in Palestine. After all, it does not mean that if this Palestinian community returns to Palestine that they will become wealthy at the spot, and such Waqf projects can subsidize any needs necessitated to start their new life again. Poverty eradication The property quandary as understood in the exclusive situation of the community of the Gaza camp, conveys an understanding that poverty condition are most likely due to external factors and not internal. Hence to say, if poverty is seen as lack or deficiency in “income” and monetary numbers, then this is a result of the political obstacles, in the case of the Gaza camp, that barred them from pursuing an income, and not due to factors of illiteracy, lack of labor skills, high percentage of illness or even unwillingness. On the contrary, all these factors have been proven as opposite as shown in the human capital potentials of the camp (chapter 3). Poverty from a comprehensive point of view is a multi-dimensional phenomenon, and does not only involve/result from low income factors. Therefore, the ideal solution the Waqf offers is in the fact that it empowers it beneficiaries through solving their poverty predicaments from the core through providing job opportunities, local production and self-employment, and other services such as infrastructural, social, educational, etc. As Sadeq has put forward, poverty has three
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characteristics that are poverty-related categorized as 6:
1
Low income
2
non-income factors such as poor health, low literacy rate
3
Lack of access to opportunities such as physical facilities, resources, and employment
The two way relationship of poverty clarifies that poverty should not only be tackled from an “income provision” perspective. Health, hygienic environment, public facilities, Infrastructure, etc. all have to be inserted into a balanced equation in order to truly better the situation of society, if not eradicate the impoverished state and replace it with a sustainable and enabled one. Low income
Lack of infrastructure
Poor health
Conclusion
Figure 76. The two way relationship between poverty and disabling factors that in turn instigate poverty, (Sadeq, 2002).
Poverty
Poor Education
Collective action The concept of the Commons as a tool for freedom and a space of emancipation, as many research and theories have proven it to be, essentializes the mobilization of collective action. Two of the Waqf’s five inherent features are its collective ownership and its collective usage/benefit. Therefore, the collective mutual benefit will verily propagate the will for collective action to initiate, sustain and develop proposed Waqf - SUP project in an unceasing consistent process. In “Governing the Commons - The Evolution of Institutions for Collective Action” 7, Elinor Ostrom uses three “influential” models at the beginning of her book, the third model being “the logic of Collective Action”. The logic admits the dilemma, which people are usually suspicious of, of the difficulty of getting individuals to pursue their joint welfare, as contrasted to individual welfare. Mancur Olson logicizes this expressed group theory of individuals with common interests to voluntarily act to try to further those interests, claiming that 8: The idea that groups tend to act in support of their group interests is supposed to follow logically from this widely accepted premise of rational, self-interested behavior. In other words, if the members of some group have a common interest or object, and if they would all be better off if that objective were achieved, it has been thought to follow logically that the individuals in that group would, if they were rational and self-interested, act to achieve that objective.
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What next? What remains is the placement of the Waqf- Strategic Urban Projects within the broader urban discourse of regional and city scales. Urban planning locates weaknesses to transform them into opportunities, highlights existing opportunities and strengthen them, and creates new opportunities where needed. The Waqf can be inserted into the urban context as an urban Allocate deprived neighborhoods Allocate potential properties List needed projects
Macro
M eso Study regional services Locate urban Waqf Link and connect Awqaf projects
Micro
Establish Waqf department Work with community Attract donors
Conclusion
developmental tool, instrument, framework (whatsoever it may be seen as).
Na n o
Set architectural guidelines for maximum flexibility for future Awqaf projects
An inaugurated model that considers a hierarchy of urban scales is delineated below. It is preliminary and encourages further research and exploration from urban planners, urban developers, urban policy-makers, architects and architectural facilitators, etc.
Macro
Study on a regional scale the provided urban services, the locations where they are lacking and insufficient, existing problems and inadequacies. Locate existing urban Waqf on a comprehensive plan with all the lands, properties and different functions, and allocate which are working well, which are idle and ill-advised and compare between cities and villages. List Waqf projects (the proposed and the existing ones) that can strategically fulfill the needs between these locations, needs the government will fail to offer and substitute/ support/enhance through Waqf projects. Link projects together in strategic planning e.g. split a school project into an elementary school in a region that needs one and a secondary school in the other region, or a school in a location where two neighborhoods can benefit from instead of one etc.
Meso
Study on a city scale the provided urban services, the locations where they are lacking and insufficient, certain problems and inadequacies. Locate existing urban Waqf and potential ones i.e. empty plots on strategic locations, which plots are for sale or owner is willing to sell etc., with distributing projects with different alternatives and scenarios according to needs. Allocate the deprived neighborhoods and strategically connect them with other neighborhoods that have Waqf projects or can benefit from them, or share etc.
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Micro
Propose neighborhood locations for Waqf acupuncture and who the beneficiaries should/could be (after having allocated potential locations, agreements with owner..) Establish a Waqf Administrating Body in each community for the existing Waqf and/or the potential and proposed ones. Plan and design for an array of projects from which potential donors can select, either financing the complete project, a phase of it, or a group of donors finance a single project. Work with community to develop projects according to their “particular” needs and desires and ask for volunteers, trustees with the required skills and expertise to carry on the project.
Nano
Design guidelines for the Waqf projects so that they can be phased, flexible for further extension, and fulfill the needs of that specific community Anticipate incremental changes and expansion in constructional structure, plan layout, function diversity Ensure that compulsory functions not be absent in Waqf projects such as a Waqf administration department, financing department, volunteering functions..
Conclusion
In addition, a research paper by the UN-HABITAT conducted in 2005 concurs with the hypothesis of Waqf as an alternative provision urban land tenure. During its work in a range of countries from Afghanistan to Indonesia, UN-HABITAT has been increasingly aware of the importance of Islamic land tenure conceptions and land rights 9. The Land and Tenure Section of UN-HABITAT therefore carried out an in depth study of the Islamic and other dimensions of land and property rights in the Muslim world wherein the Waqf was one of the elements of interest. Unfortunately, the research paper was more of a briefing on the Waqf, tackling all its related issues and topics in a short overview of a few pages. However, the second half of the paper focused on suggesting “strategies for empowerment through the Islamic Endowment (Awqaf)”, in particular the existing Awqaf which are underused and can be reactivated for securing tenure and redistributing land for landless squatters, urging that the Waqf should not be ignored in debates about land regularization. These strategies as stated in the paper were to10: Recognize potential in the revival of the Waqf concept: . Its revival offers the potential benefits of an inclusive, non-elitist and religiously and sociocultural authenticated economic institution. . The existing Awqaf could be better managed and used for enhancing security of tenure, and also for the urban poor. . The future Awqaf could help resource redistribution and strengthen civil society. . Given the apparent support for the idea of the Waqf at the local, national and international level among Islamic communities, the Waqf need not operate at the margins of socio-economic and philanthropic activity but rather it should be mainstreamed within State legal and economic systems.
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Facilitate the development of a modern Waqf model: . Open up opportunities to learn from the mistakes of the past and to construct a modern legal and administrative framework. . Facilitate the development of indigenous models based on modern benchmarks which could respond to contemporary challenges. Promote Islamic philanthropy through Awqaf: . The call for harnessing indigenous philanthropic traditions is to tap into the considerable ‘social capital’ which has survived through the institution of charity (zakah) and Waqf’s principles of self-sufficiency, egalitarianism and learning. . The State has been unable to serve all of the public purposes undertaken historically by the Waqf and the ability of the centralized State to deliver speedy aid and humanitarian support to vulnerable groups will remain questionable.
Conclusion
Modernize the administration of Awqaf: . Modernization of the Waqf into a transparent and responsive institution that can rival the Western charitable institution and improve access to land can be, and is being, envisaged. . One of the operational tasks needed to facilitate development of Awqaf, is related to the challenge of adapting modern management techniques to the prevailing economic relations among societies where waqf exists. Revive unproductive State Awqaf or misused lands: . There are at least two perceived problems in relation to reviving Awqaf, the first being the means of financing that revival; and the second the creation of appropriate information systems to enhance transparency. . There is a lack of funds for regenerating the productivity of the endowed lands and also a lack of ways to publicly finance the development of Waqf properties, while offering the owners a market determined return.
The Waqf doubtlessly provides social welfare services with adhered benefits of social cohesion, inclusion and sustainability, as well as economical invigoration and viability. This is a result of its two-fold system of service-providing projects and income-generating support projects. In spite the inactive and inefficient existing Awqaf due to corruption, neglect and mismanagement of the governmental employees authorized singularly to administer them, a new wave of private institutional practice targets a modernized and effectual system in the spirit of the Waqf, re-surfacing the Waqf’s everlasting virtues. What this thesis has added to this wave of modernization and effectiveness is that it complemented the Waqf system with strategic spatial tools that render the Waqf as a successful urban tool for development.
Notes ¹ See Hasan, Samiul, and Jenny Onyx. Comparative third sector governance in Asia structure, process, and political economy. 2008. 2
Hasan et al. Ibid. 2008. See Wolk, Andrew. “Social Entrepreneurship & Government.” 2007. 4 See Dafterdar, Mohammed Hisham. “Toward Effective Legal Regulations and an Enabling Environment for Inalienable Muslim Endowment (Awqaf).” 2011. 5 Dafterdar. Ibid. 2011. 6 See Sadeq, AbulHasan M. “Waqf, perpetual charity and poverty alleviation.” 2002. 7 See Ostrom, Elinor. Governing the commons: the evolution of institutions for collective action. 1990. 8 Ostrom. Ibid. 1990. 9 See Sait, Siraj, and Hilary Lim. “Paper 7: Waqf (Endowment) and Islamic Philanthropy.” 2005. 10 Sait et al. Ibid. 2005. 3
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