Heritage and Transmission
The waqf, known as habous in the Maghreb, is one of the oldest and most fundamental institutions in the Muslim world. In Algeria, for centuries, it financed mosques, Quranic schools, public fountains, and assistance for the needy. It was later largely dismantled, then gradually reorganized under state authority. This article explains what a waqf truly is, how it differs from zakat and ordinary charity, what it represented in Algerian history, and what remains of it today.
The essential in four points
1. The waqf makes a property inalienable perpetually and allocates its income to a cause. The capital cannot be sold, given, or inherited.
2. Traditionally, a distinction is made between waqf khayri (charitable) and waqf dhurri (familial). Algerian law, however, refers to public waqf and private waqf.
3. Habous financed a considerable part of the religious, educational, and social life of pre-colonial Algeria.
4. Waqf properties are currently governed by Law 91-10 of April 27, 1991, and managed under the authority of the Ministry of Religious Affairs and Waqfs.
Table of Contents, click to go directly to the section
→ Waqf, zakat, sadaqa: do not confuse
→ Waqf in the history of Algeria
→ What habous concretely financed
→ What habous became after 1830
→ The management of waqf properties today
→ Why waqf is back in discussions
What is waqf?
Waqf is the act by which a person makes a property inalienable perpetually and allocates its usufruct to a pious, charitable, or general welfare cause. The property itself is permanently removed from commerce: it can no longer be sold, given, or inherited. Only its revenues circulate, and they go where the founder stipulated.
It is this dissociation that makes the institution unique. In an ordinary donation, you part with a sum, and it is consumed. In a waqf, you immobilize a source and distribute its flow. The capital remains, and the good deed renews itself.
The classical definition of waqf in Islamic law emphasizes this point: the property is placed under a form of permanent sequestration and becomes inalienable. In the Maghreb, the term used is habs (plural houbous, Frenchified as habous), from the root meaning to retain, to immobilize.
Key vocabulary
- Waqif: the founder, the one who establishes the waqf.
- Nazir or mutawalli: the administrator responsible for managing the property and distributing its fruits.
- Raqaba: the principal, the substance of the property, which is immobilized.
- Manfa'a: the usufruct, the income, the part that is distributed.
- Shurut al-waqif: the conditions set by the founder, which the administrator is bound to respect.
The precedent most often cited by jurists is that of Omar ibn al-Khattab. Having acquired land in Khaybar, he asked the Prophet, peace and blessings be upon him, what was the most meritorious thing he could do with it. He was advised to immobilize the principal and give its fruits as charity. Omar thus made it a charity whose principal could neither be sold, given, nor inherited.
Waqf, zakat, sadaqa: do not confuse
This is the most frequent confusion, even among practicing individuals. These four concepts do not fall under the same status or logic.
| Concept | Status | What is given | Duration of effect |
|---|---|---|---|
| Zakat | Obligatory, pillar of Islam | A defined portion of wealth, according to specific thresholds | Punctual, renewed annually |
| Sadaqa | Voluntary | Whatever one wishes, whenever one wishes | Punctual |
| Sadaqa jariya | Voluntary | A good deed that continues to produce after the donation | Continuous, as long as the benefit lasts |
| Waqf | Voluntary, legally framed | The usufruct of a perpetually immobilized property | Perpetual in principle |
Waqf is therefore an institutionalized and perpetual form of sadaqa jariya. Not all sadaqa jariya is waqf, but all charitable waqf is. A hadith narrated by Muslim is regularly cited in this regard: upon a person's death, their deeds cease, with three exceptions: charity whose effect continues, knowledge from which benefit is still derived, and a righteous child who supplicates for them.
We detail these distinctions in our guide on the current forms of sadaqa jariya, and the calculation of zakat in our guide to zakat in Algeria.
Types of waqf
Legal tradition distinguishes three forms, depending on the beneficiary designated by the founder.
| Type | Beneficiary | Classic example |
|---|---|---|
|
Waqf khayri charitable waqf |
A pious work or for general utility | A property whose rent maintains a mosque |
|
Waqf dhurri familial waqf, also known as ahli |
The founder's descendants, then a charitable work upon the extinction of the lineage | A house whose use reverts to descendants without being divisible |
|
Waqf mushtarak mixed waqf |
A portion to the family, a portion to the charitable work | A zawiya maintained by revenues, with the surplus going to the founder's descendants |
Algerian law adopts this logic with its own terminology. Law 91-10 relating to waqf properties recognizes two categories: public waqf, established for the benefit of charitable institutions, and private waqf. It also specifies that waqf belongs neither to a physical nor a legal person: it is endowed with its own legal personality, and the State ensures respect for the founder's wishes.
The waqf dhurri long served a very practical purpose: to prevent the fragmentation of family patrimony through successions. For this reason, it was closely observed, and even viewed with suspicion, by administrations that wished to make land available and negotiable.
Waqf in the history of Algeria
Under the Regency of Algiers, habous constituted a considerable part of urban and rural land. They were organized into distinct administrations according to their purpose: habous for large mosques, habous for zawiyas and brotherhoods, habous for corporations, and habous established for the benefit of the holy cities of Mecca and Medina, administered from Algiers.
This architecture had a major political and social consequence. A significant portion of what is now public service – worship, education, water, assistance – did not depend on the state budget but on private, perpetual foundations, supported by generations of donors. It was a form of decentralized financing for the public good, without taxation and without debt.
What habous concretely financed
The commonly documented allocations for the Maghreb and Ottoman Algeria are as follows:
- The upkeep of mosques and the remuneration of their staff: imams, muezzins, guardians.
- Quranic schools and madrasas, sometimes including scholarships and meals for students from elsewhere.
- Public fountains and water points, as well as the pipelines that supplied them.
- Assistance to the needy: orphans, widows, travelers without resources.
- Zawiyas, places of teaching, hospitality, and spiritual transmission.
- The maintenance of certain collective infrastructures and buildings for common utility.
What is striking when looking at this list is that it describes a society that had organized its solidarity in a lasting rather than punctual manner. People did not collect money every year to repair the mosque: the rents from a shop or the harvests from a garden had been allocated to the mosque, once and for all.
What habous became after 1830
The question deserves to be treated with precision rather than emotion. The dismantling of habous was not a single event but a legal process spread over several decades.
| Reference | Scope |
|---|---|
| Decree of September 8, 1830 | Incorporated the properties of the dey and beys, as well as those of pious foundations, into the state domain. Starting point for the nationalization of property. |
| Sénatus-consulte of April 22, 1863 | Initiated the establishment of individual property rights on collectively held lands. |
| Law of July 26, 1873, known as the Warnier Law | Applied French land law to Algerian lands and issued titles cleared of prior rights. Supplemented by the law of April 28, 1887. |
The cumulative effect of these texts was to make legally untenable what constituted the very nature of habous, i.e., inalienability. A land regime built on individual, transferable titles cleared of prior rights cannot coexist with properties declared permanently out of commerce. The disappearance of archives and the difficulties of proof accelerated the movement.
It is useful to state, without dramatization: it was not only a material heritage that was lost, but a mechanism for autonomous financing of collective life. Reconstituting buildings is possible. Reconstituting a culture of perpetual endowments takes much longer.
The management of waqf properties today
After independence, Algeria gradually rebuilt a legal framework specific to waqf properties. The reference text is Law 91-10 of April 27, 1991, relating to waqf properties, amended and supplemented notably by Law 01-07 of May 22, 2001, and clarified by Executive Decree 98-381 of December 1, 1998, which sets the conditions for the administration, management, and protection of these properties.
Several structuring principles emerge from this framework:
- The law expressly declares itself inspired by Sharia, and refers to it for any matter it does not cover.
- Waqf makes the appropriation of the property impossible in its substance, perpetually, with the usufruct being attributed to the needy or to charitable works.
- Waqf is not the property of any physical or legal person. It is endowed with legal personality, and the State ensures the fulfillment of the founder's wishes.
- Framed exploitation methods exist, including for waqf lands used for agriculture, which are subject to specific implementing texts.
The supervisory authority is the Ministry of Religious Affairs and Waqfs. The department even adopted this name in 2000, specifically to highlight the importance given to the management of this heritage. At the local level, the Directorate of Religious Affairs and Waqfs of your wilaya is the competent interlocutor.
Why waqf is back in discussions
Several reasons explain the renewed interest in this institution, in Algeria as elsewhere in the Muslim world.
A need for sustainable financing. Associations, local mosques, and Quranic schools often rely on one-time collections, with fragile cash flow and a constant burden of solicitation. A dedicated property that generates regular income changes the nature of the problem.
The Rise of Participatory Finance. The development of instruments compliant with Islamic principles has brought ancient mechanisms, including waqf, back into discussion, seeking to make them compatible with contemporary accounting and legal requirements.
A Diaspora Seeking Sustainable Forms. Many families settled in France, Belgium, Canada, or the United Kingdom regularly send aid back home. The recurring question is almost always the same: how can what is sent not just be consumed, but produce a lasting effect?
Embracing this Spirit on a Personal Scale
Constituting a waqf in the strict legal sense requires an asset, a regular act, and an administrative framework. This is not within everyone's reach, nor is it mandatory: unlike zakat, waqf is a voluntary initiative.
But the spirit that drives it is accessible on a much more modest scale. It boils down to a simple question: will what I give today still produce something tomorrow? Financing the lasting repair of a water point rather than a single distribution, contributing to a work tool that will allow a family to live from its activity, supporting a student's schooling over time—these are all actions that fall under the same logic.
For those who live far away, the difficulty is rarely the intention. It is practical: identifying a real need, ensuring the sum arrives, and verifying what has actually been done. This is exactly the problem we sought to solve with our donation approach in Algeria, the principle of which is simple: the need is identified on site, the expense is settled, and proof is sent to you.
For cases involving real estate or a vehicle you already own in Algeria, we address the matter separately in our article on real estate waqf and property transformed into continuous charity.
Necessary Clarification. This article presents general principles and the state of the Algerian legal framework. It does not constitute a fatwa or legal advice. For a personal situation, especially when an inheritance, co-ownership, or family property is involved, consult a competent scholar and, for the legal aspect, a notary or the Directorate of Religious Affairs and Wakfs in your wilaya.
Karim's advice
When a diaspora family talks to me about waqf, they almost always think of something grand, a mosque, a school. Then we look together at what is actually possible, and often something small but lasting emerges. A small thing that lasts is better than a big thing that cannot be maintained. Start with what you can keep track of.
Would you like to send a donation to Algeria?
We pay on site first, and you receive proof of what has been done. The need is assessed beforehand, the expenditure is justified afterwards.
Make a donation to AlgeriaFrequently Asked Questions
What is the difference between waqf and zakat?
Zakat is an annual obligation on a defined portion of wealth, calculated according to precise thresholds, and disbursed to specific categories of beneficiaries. Waqf is voluntary, has no imposed amount, and consists of endowing an asset in perpetuity to allocate its income to a cause. Zakat is consumed, waqf produces.
Is waqf mandatory in Islam?
No. Waqf is a voluntary initiative, unlike zakat, which is a pillar of Islam and an obligation for every Muslim who meets the required conditions. By its nature, it requires possessing an asset that can be permanently divested.
What does the word habous mean and why is it used in Algeria?
Habous is the French transliteration of the Arabic habs, plural houbous, a term used in the Maghreb to designate what the Muslim East calls waqf. Both words refer to the same institution: an asset endowed and made inalienable for the benefit of a charitable cause. In Algeria, both appellations coexist, with contemporary administrative usage favoring wakf.
Can a waqf property be sold or inherited?
No, that is the very principle of the institution. The asset is removed from commerce in perpetuity: it cannot be sold, given away, or inherited. Only the income it generates is distributed, according to the conditions set by the founder.
What is waqf dhurri or family waqf?
This is a waqf whose income is primarily allocated to the founder's descendants, with the asset remaining indivisible and inalienable. Upon the extinction of the beneficiary lineage, the allocation shifts to the charitable cause designated in the constitutive act. It has historically served to protect family patrimony from fragmentation through inheritance.
Who manages waqf properties in Algeria today?
Oversight falls under the Ministry of Religious Affairs and Wakfs, with directorates at the wilaya level. The framework is set by Law 91-10 of April 27, 1991, relating to waqf properties, as amended and supplemented, and by its implementing texts, including Executive Decree 98-381 of December 1, 1998.
Can a waqf still be constituted in Algeria?
Law 91-10 regulates the constitution, administration, and protection of waqf properties, which requires a regular act and compliance with current procedures. Practical modalities vary depending on the nature of the property. The right contact is the Directorate of Religious Affairs and Wakfs of your wilaya, supplemented by a notary for the land aspect.
Must a waqf necessarily involve real estate?
Historically, waqf primarily involved buildings, land, and shops, because the permanence of the asset is a central condition of the institution. Contemporary discussions focus notably on movable and monetary forms. These arrangements remain technical and require competent advice on a case-by-case basis.
To learn more
