25
Page | 104 4. Demon- strating the Opportunity Although Waqf can be investigated through many disciplines and offers enabling features for dif- ferent 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 clas- sical 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 under- standing 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 prob- lems 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. 105 | Page Chapter 4: Demonstrating the Opportunity

Chapter 4 and Conclusion

Embed Size (px)

Citation preview

Page | 104

4. Demon-strating theOpportunity

Although Waqf can be investigated through many disciplines and offers enabling features for dif-ferent 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 clas-sical 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 under-standing 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 prob-lems 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.

105 | Page

Chapter 4: Demonstrating the Opportunity

Chapter 2

Page | 106

Chap

ter 4

: Dem

onst

ratin

g th

e Op

port

unity

4.1 A Wrap-up Synthesis

4.1.1 Compiling a compositionA quick wrap-up of the three previous chapters will synthesize the foundation on which the pro-posal 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):

Concept and ideas

Salient points

Conclusions

Chapter 1 Chapter 2 Chapter 3

. Classical Waqf - pre-modern application and practice of Waqf. Islamic origins and laws. Modern innovations - mod-ernization of Waqf

. Ministry completely controls khayri (benevolent) Waqf. Alternative private Waqf in-stitutions (not in Jordan yet). Training and education for administration of Waqf

. Gaza camp is a highly mar-ginalized community . Temporary documents and residence in Jordan. Lack of civil rights (right of property, election, etc.)

. Inherent features - collectivi-ty, 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 en-hance conditions. Spatial and urban problemat-ics in camp structure. Monetary charities spent as cash and not development projects.

. An Islamic Commons

. Socio-economic develop-ment instrument (institution). Inalienable property (revert-ed 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 ur-ban planning

Table 12. A concluding table of the previous three chapters with their most salient concepts and aspects.

The compiled table elucidates a composition of different subjects and aspects that can be inte-grated with further research exploring the value added by the Waqf to communities with deprived civil rights.

Philanthropy+

Waqf Concept and Laws

+Enabling Inherent

Features

Legal Waqf entity+

Corporal trust+

NGO administration

Islamic charities+

Social capital+

Volunteerism+

Spaces for Socio-eco-nomic development

+ + = ?

Chapter 1

Chapter 3

107 | Page

Chapter 4: Demonstrating the Opportunity

4.1.2 Why the Waqf

This research study investigates the capability of :

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 en-titled to all the advantages of property ownership only excluding the ability to sell, inherit or any act of property disposal.

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 propri-etary 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 gov-ernmental 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.

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.

“the Waqf in enabling people with limited/deprived civil and ownership rights and resources through its particular features and laws to propose and implement devel-opment projects within legal conditions for the residents of the Gaza Camp?”

2

3

Charity culture: Islam’s principles of (a) social justice and equal-ity, (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 char-ity 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.

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 benefi-cial to ensure continuous reward for them, even after they have

passed away.

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.

Page | 108

Chap

ter 4

: Dem

onst

ratin

g th

e Op

port

unity

PerpetualInalienableIrrevocable

Non-heritableUnsaleable

Atomism and localism 1

Durable mechanismSelf-sustaining

Charity cultureReligious rewardCommunity trust

Security of tenure(Gratis tenancy)

Social, economical and physicalsustainability

Continual motivation

1Beside the facilitation of legal property provision in the legal sys-tem 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.

Social sustainability: as indicated in chapter 2, the customary way dictates local administration (localism) and autonomous manage-ment (atomism) which both breed competition between trustees and social control of the community.

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 suste-nance.

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 suffi-cient amount of the income generated will always be dedicated for the physical structure and perfor-mance of the property to immortalize its presence for ongoing existence.

4

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 effi-ciency 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.

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 specifici-ties of their intended users and cater to as many needs as possible through improvised and creative solutions.

Social entrepreneurship 2: It is “the construction, evaluation and pursuit of opportunities for trans-formative 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 profit-ability of its assets to sustain its performance and benefits to

its beneficiaries.

Business entrepreneurship: the administration of the Waqf can oper-

ate like any business corporation by replicating its management, financial,

marketing, ethical, and performance policies and guidance.

109 | Page

Chapter 4: Demonstrating the Opportunity

Business-like administrationNon-profit

Social and financial in-vestment

Relies on civil capacity

Interdisciplinaryentrepreneurship

Benevolent Entrepreneurship

WaqfEntrepreneur-

ship

SocialEntrepreneurship

EconomicEntrepreneurship

BusinessEntrepreneurship

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.

4.2.1 Strategic urban planningIn order to achieve fundamental urban planning goals (sustainable development, urban coherency, functional diversity, cultural democracy, etc.) two implements are required:

a. A visionThe 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 pro-grammes 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.

Page | 110

Chap

ter 4

: Dem

onst

ratin

g th

e Op

port

unity

1 | They make a fundamental difference - their structural impact and leverage effect radically alter the adjacent urban fabric and stimulate upgrading, renova-tion and transformation through the introduction of specific functions, i.e., housing complexes, recreational spaces, public spaces, etc. In addition, they revitalize eco-nomic performance through commercial facilities and so on.

2 | They have the capacity to link, mediate and organize multiple actions and ac-tors - their spatial role in mediation stems from the numerous gaps and anomalies of the built environment, including missing or divided urban functions and coexis-tence of contradictory or opposing elements.

111 | Page

Chapter 4: Demonstrating the Opportunity

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.

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.

Waqf offers: Urban design (Vision & SUP) offers:

Property acquisitionReorganization and development of

site and context

Introduction of deliberate programmes and functions

Combination of tactical solutions; spatial integra-tion with social, cultural, economic aspects

Enhance urban morphology, connections, accessibility and transport, etc.

Consideration of urban ecology and land-scape, social inclusion and empowerment

Depends on social knowledge and needs

Property tenure (resists dispossession)

Monetary financing (charities)

Multi-dimensional sustainability

Local participation

Ongoing reliance (perpetual nature)

Table 13. A compar-ative listing of contri-bution the Waqf and Urban design can offer, each comple-menting the other.

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 mo-bilized towards this spatial development proposal or endeavor.

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 re-quired departments, actors, goals, actions, etc.

Mobilize

Page | 112

Chap

ter 4

: Dem

onst

ratin

g th

e Op

port

unity

Figure 48. Aerial map of the Gaza Camp with outlined plots and street lines.

113 | Page

4.2.2 Research by DesignThrough 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 high-lighting 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 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.

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 cam-paign 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/imple-ments a religious culture - the Waqf charity and ensures (3) feasible upgrading to the local reality.

4.2.3 Primary and secondary projectsIn a Waqf system there two types of schemes; the service-providing projects and income-sup-porting/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 commu-nity. A rough categorization of such projects are:

Chapter 4: Demonstrating the Opportunity

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 col-lectors, etc.

115 | Page

Introduction

Page | 114

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 per-formance 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 in-come 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.

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.

Chap

ter 4

: Dem

onst

ratin

g th

e Op

port

unity

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.

Figure 49. Possible ex-amples of primary and secondary projects.

Figure 50. Examples of secondary projects outside the camps that can finance urban needs inside the camp.

Shopping complexesCooperative housing

Entertainment centers Hotels

ManufacturesVocational industryAgricultural lands

Recreational functions

Primary Projects Secondary Projects

MarketBus stop

Street lighting, infrastructure maintenance

Housing apart-ments

Shopping mall or offices

rentals

Primary projects inside the camp

Continuous financing and sustenance

Secondary projects outside the camp

A single secondary project such as an apartment complex a few meters outside the camp can tacti-cally 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 fam-ily 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 inhabi-tants as street quality and conditions was one of the high-priorities of the camp (in their need list).

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 locationsSometimes 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 solu-tions.

Chapter 4: Demonstrating the Opportunity

Figure 51 . Several urban limitations on each side of the camp proposing the concentration of proposed projects towards the East.

North and South border - Agri-cultural forests owned by the Ministry of Agri-culture.

Tissue of the camp - densely populated with no vacant plots and spaces. UN-RWA compound impermissible.

West border - Village of Haddadeh

East border - housing exten-sion of camp inhabitants whom should also bene-fit from the proj-ects.

Page | 116 117 | Page

IntroductionCh

apte

r 4: D

emon

stra

ting

the

Oppo

rtun

ity

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 read-ing, interpretation and understanding of the logics of the urban fabric, context, identity, morphol-ogy with its social, cultural, religious infrastructure will reveal latent potentials and urban oppor-tunities. 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 im-provement.

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 rea-soned in figure 51 above. Figures 51, 54, 55 and 56 provide an understanding usual Waqf bene-factors 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.

WADISSPATIAL READING

Figure 53. A proposal of a vision is best trans-lated into a spatial framework wherein project interventions are inserted in strategic locations, (Courtesy of J. Aerts & T. Lanclus).

Figure 52. An abstract-ed framework for the Gaza Camp.

The main spatial frames can guide to locate strategic ur-ban locations where different frames overlap and intersect, or repel and disconnect.

Boundary (valley)

Boundary (valley)

Penetrating SpineUrban tissue

Boun

dary

(the

ridg

e)

Page | 118

Potential land for agricultural projectsPotential land for building projects

Figure 55. Map indicating hypotheti-cally potential vacant plots around the Gaza Camp that can serve for agricul-tural or built projects..

1 4

5

2

31 The market of the camp is the economic hub. However, it suffers of poor infrastructure, maintenance and hy-giene.

2 This is the peak of the bottleneck of the camp’s transportation and circulation spine, along with the inade-quate 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.

4 Entrance of the camp; garbage dump area.

5 This part of the val-ley also suffers from severe pollution. Also used for family picnics when possible.

Figure 54. Map of Gaza Camp in-dicating most problematic urban zones.

119 | Page

Example 2

Example1

Figure 56. An overlap of figure 49 & 50 crystalize the most favorable plots for Waqf - SUPs.

4.3.2 The nominated projectsWaqf 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 se-lection 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 3

Project 4

Agricultural farming and productionThe 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 harvestingThe scarcity of water, the monopoly of water distribution by the municipality, and the unequal distribu-tion expresses a strong need for such a project as expressed in the UNRWA workshop.

Project 1

Project 2

Local manufacturing workshops or factoriesHandicrafts, sewing clothes and embroidery, local and cultural food production (Za’tar, goat cheese,

olive oil products)

Industrial zone for local entrepreneurial enterprises 7

Local entrepreneurs and laborers can attend for more specialized workshops, training and manage-ment of their work

4.3.3 Example 1The borderThe overcrowdedness of the camp makes anything else look emp-ty, barren and breathing. The immediate border encompassing the camp cuts a sharp line of what is in and what is out (figure 58). It is also the camp’s only escape for the natural urban excretions usually discarded through underground infrastructure of piping and sewage discharge systems.Therefore, we find the East and South boundary of the camp ex-cessively contaminated by years of sewage ejection and garbage 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.

34II

Bor

der

as a

Cen

tral

Spa

ce

Although this project (Example 1) is based on my own ideas and interpretations, it borrows illus-trations and architectural figures from the design thesis; “Gaza©-Jordan: Reshaping the border as a central space for encounters and interchange.” by Jasper Aerts and Tom Lanclus 8.

Chap

ter 4

: Dem

onst

ratin

g th

e Op

port

unity

Informatie bij foto, plan of schema. Mag verplaats wor-den, bijvoorbeeld onder een foto, maar deze breedte aan-houden.

Normale tekst1 kolomBuiten uitgelijnd 35

Cham

bers of EmptinessView from southern to northern void.

View over southern void.

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).

Project 5

Project 6

Housing apartments and complexesThe 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.

Recreational and entertainment facilities + Green spacesThe high density of the camp has left no space for it to breath through simple green spaces for chil-dren to play, young adolescents to gather and families to enjoy in gardens, playgrounds, etc.

Page | 120 121 | Page

Introduction

Page | 121

Chapter 4: Demonstrating the Opportunity

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 por-jects, (Courtesy of J. Aerts & T. Lanclus).

Page | 122

Intr

oduc

tion

Chap

ter 4

: Dem

onst

ratin

g th

e Op

port

unity

The locationAs 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 con-nected 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 projectThis 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.

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 custom-ers 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.

Close to camp / walkable distant for women from their houses

On main street

Various labor forces to benefit from

Users of all ages

Phased construction

Multi-functional

Project Profile

Designed function:

. 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

Design concept

A functional multi-activities project responding to employment oppor-tunity, cultural, and social needs.The design is phased for incre-mental construction, utilizing the maximum at each stage (see 4.3.4).

123 | Page

Introduction

Page | 123

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).

Example 1

Example 2

Page | 124

Intr

oduc

tion

Subtitle B

ook

2

Quoin level +0, southern branch [vocational course].

Chap

ter 4

: Dem

onst

ratin

g th

e Op

port

unity

Figure 60. Workshop space open to main street for dif-ferent sorts of works,(Courtesy of J. Aerts & T. Lanclus).

The roofWhen 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.

Daytime-nighttimeTo 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 dif-ferent 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 61. 3D model depicting the different spaces, (Courtesy of J. Aerts & T. Lanclus).

125 | Page

127 | Page

Introduction

Tekst

TITEL (ALTIJD UITLIJNEN MET ONDERSTE REGEL)

Informatie bij foto, plan of schema. Mag verplaats wor-den, bijvoorbeeld onder een foto, maar deze breedte aan-houden.

Normale tekst1 kolomBuiten uitgelijnd

Allay along intimate garden.

Chap

ter 4

: Dem

onst

ratin

g th

e Op

port

unity

Socia

lS

patia

l

Economic

al

Recreatio

nal

Spaces for social gatherings, i.e., Religious ceremonies, cultural festivals, ..

Spaces for social celebrations, i.e., weddings, funerals, gradua-tions, etc.

Job opportunities for both men and women

Local production and manufac-turing

Training opportunities for prac-ticing skills

Spaces for young individuals to gather in an outdoor space that is serviced and suiting

Auditorium can cater all sort of functions from art, theater, cinema to physical education, yoga ses-sions, to cultural performances, competitions, etc.

Transportation connection via an organized bus stop

Maintained garbage collection area

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.

Table 14. A table highlighting the so-cial, economical, spatial and recre-ational opportunities Example 1 provides.

From villages

North

sec

tion

of c

amp

So uth Section of camp

From Jerash city

Bus stop 1(Existing)

Bus stop 2(Project proposal)

Vocational Workshops

Administration + Storage

Waqf Administration + Storage

Multi-functional Hall

Roof terrace

Cafe services

Circulation core

Auditorium

Main en

trance

Women entrance

Figure 62. The position of the project on the main road and at the en-trance 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.

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 exten-sions.Additionally, social knowledge will allow for details that are appre-ciated in the specific culture of separated entrances, roof functions, special services for multi-functional halls, etc.

Page | 126 Page | 127 127 | Page 127 | Page

Garb

age

Collec

tion Point

Cust

omer

s’

Parkin

g

Conn

ectin

g Bus

Stop

Com

mun

ity Priva

te Entrance

Safe

& c

lean p

laying area

Figure 64. Site plan depicting urban spaces and facilities provided by the Waqf - SUP example. (Image with courtesy of J. Aerts & T. Lanclus)

Page | 128

Intr

oduc

tion

Tekst

27Spatial Fram

es: Revised and B

roadened

Highly contaminated wadi in the north-east.

Neglected void in the east.

Chap

ter 4

: Dem

onst

ratin

g th

e Op

port

unity

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

Steep slope

Fertile soil

Green open space

Agricultural production

Linkage and accessibility

Project Profile

Designed function:. Agricultural farming of local vegetables such as tomatoes, cucumbers and let-tuce.. Water harvesting and purification.. Decontamination of the ecologically-in-fected valley.. Linkage with camp sprawl residences. Improved accessibility to children’s school. Green pockets and community spaces.

Design concept

An terracing system of agricultural levels that produces local vegeta-bles through a self-sustaining wa-ter system. Through playing with slope levels, the project will cater to other functions than agricultur-al farming such as green gardens and community spaces.

The miracle of a seed is that it produces its nutritious bounties without any cost. If the soil is fer-tile 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).

129 | Page

IntroductionChildren’s school

Figure 66. The site of Example 2 is crossed by chil-dren 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).

Chapter 4: Demonstrating the Opportunity

Page | 130

Intr

oduc

tion

Chap

ter 4

: Dem

onst

ratin

g th

e Op

port

unity

The border crossersAlthough 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.

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 environmentWhat 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.

The slopeIn 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.

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.

131 | Page

Introduction

Figure 71. Illustration depicting terrace farming along the sloped border of the camp with linking stairs to the other side of the valley, (Author).

Figure 70. 3D illustration of designed levels for terrace farming and other functions, (Author).

Chapter 4: Demonstrating the Opportunity

Page | 132

Intr

oduc

tion

Chap

ter 4

: Dem

onst

ratin

g th

e Op

port

unity

Socia

lS

patia

l

Economic

al

Envir

onmental

Community outdoor gathering spaces

Individual groups, i.e., friends, neighbors, female teams, etc.

Safety for children to reach school

Agricultural employment

Farming production

Water harvesting to self-sustain project and/or supply for camp shelters

Greening of space

Disinfect polluted area and re-verse into clean natural habitat

Link camp with Eastern urban sprawl

Improve accessibilty

Enhanced spatial qualityTable 15. A table highlighting the so-cial, economical, spatial and recre-ational opportunities Example 2 provides.

Figure 72. Suggestion for the water capturing system along the levels of the terraces with natural materials purification system, (material - UNRWA workshop)

IntroductionChapter 4: Dem

onstrating the Opportunity

Local production of agriculture Local materials Indigenous retaining systems Local garden designs, i.e., vine and jasmine pergola

Leis

ure

spac

es

Inco

me

gene

rting farming

Conn

ectin

g Bus

Stop

Impr

oved

ac

cessibility

Figure 73. Site plane depicting urban spac-es and facilities provided by the Waqf - SUP example.

Page | 134

Chap

ter 4

: Dem

onst

ratin

g th

e Op

port

unity

4.3.5 PhasingSince 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:

Phase 1 Phase 2 Phase 3 Phase 4 Phase 5

Purchase the land Project foundation + First floor + circulation core

Second floor + Roof terrace

AuditoriumExpansion: vertical: third levelhorizontal: new ground functions

This way, donors are more encouraged if they feel they are not pressured to subsidize a full proj-ect and can choose to support whichever phase suits them best.

Architecturally, this means that structural foundations should be calculated for further vertical ex-pansion 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 ma-chinery (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 Waqf- SUPs 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 general-ly-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.

135 | Page

Chapter 4: Demonstrating the Opportunity

4.4.1 Where to startThere 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: Establish a Waqf Administration Body (WAB) to direct and manage the projectsStep 2: Plan high-priority and low-priority strategic developmental projects

Step

1

1. Establish a legal non-profit, non-governmental foundation related to the third sector.

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.

Waqf Administration Body

Financing group Management group

Administration Dep. Public Relation Dep.

Development group- Manage the financial ac-count of the trust.- Operate the investment projects and manage profit generation opera-tions.- Produce monthly re-ports for the administra-tion and for the public.- Produce studies that as-sess the current project and propose for exten-sion, expansion, develop-ment, etc.- Distribute output to ben-eficiaries.

- Coordinate between the various depart-ments.- Receive stakeholders and conduct regular meetings.- Conduct check-ups and up-dates of all proj-ects making sure they run well as planned, any short-comes etc.

- Promote the Waqf or-ganization and publicize its performance.- Fund-raise for select-ed projects.- Receive donors and reach out for general and specific donating organizations, groups and individuals.

- Work on continuous ba-sis with the community for feedback, participa-tion, suggestions.- Develop projects that can be suggested as Awqaf.- Create a comprehen-sive plan of the existing Awqaf the organization runs, other Awqaf, fu-ture-possible Awqaf etc.- Propose other develop-mental projects such as Islamic micro-finance..

Step

2

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.

This should be done with professionals such as a social worker, urban planner, economic developer and the community and/or community representatives.

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).

3. Negotiate with land owners, property sellers, existing buildings status-es 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 supervi-sion only) and the assigned beneficiaries.

Page | 136

Chap

ter 4

: Dem

onst

ratin

g th

e Op

port

unity

4.4.2 Tailoring the modelIn 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 Ad-ministration Body to direct and manage the projects

1. Establish a legal non-profit, non-govern-mental foundation regis-tered under the Ministry of Social Development.

2. Hire managerial experts for administration of all department.

Allocate the specific educated degrees within the graduates of the camp for sub-tasks with-in their specified department.

List general volunteers whom wish to assist in general works, i.e., cleaning, monitoring, campaigning, etc.

Step 1: Establish a Waqf Administration Body to direct and manage the projects

Step 2: Plan high-priority and low-priority socio-economic developmental projects

Although the UNRWA is not a direct stakeholder of the organization, as a local actor in the com-munity whose beneficiaries are the camp residents, useful data and studies can be exchanged and complimented. As for the urban schemes, several proposals can be presented and voted on for the most desir-able and implementable alternative.

137 | Page

Chapter 4: Demonstrating the Opportunity

3. Establish a charita-ble trust account, choosing an Islamic bank in Jordan for the organization.

4. Raise awareness be-tween the inhabitants of the camp of the Waqf con-cept of the organization, its goals and its perspectives.

UNRWA collaboration 10

Benefit from UNRWA’s ongoing Infrastructure and Camp Im-provement department’s conducted studies and produced need list.Engage with the existing Participatory Platform and commu-nity representatives to reach the community and involve them within all aspects of the Waqf projects.

UNRWA collaboration The Infrastructure and Camp Improvement department has a vision of producing a master plan of studied function and pro-posed urban projects that can be merged.

CommunityArchitecture/planning/social sciences/economy etc. students and/or graduates of the camp can conduct their own research and suggestions for a complete development scheme.

Need List and Community Involvement

Urban development

scheme

DPAAfter identifying potential land plots, the DPA and/or the or-ganization 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 communityFocus 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.

Negotiationsand deals

Selection of proposals

Page | 138

Chap

ter 4

: Dem

onst

ratin

g th

e Op

port

unity

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.

4.4.3 RecommendationsAs 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 par-ticipation. 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?

One cannot solely depend on the community to establish such an NGO and take care of it them-selves. 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 rele-vant stakeholders, (2) the committed people whom will offer their energy, knowledge and profes-sion 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

W

aqf Training

W

aqf Ethics

Le

gal Entity

Le

gal Waqf Trust

- 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.

- Request a few volunteers to attend Waqf training courses such as:a. Reputation management and corporate social responsibility and charitable endowmentb. Waqf Fund Administration

- 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.

- 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

139 | Page

Chapter 4: Demonstrating the Opportunity

Stakeholders

2. Determine Stakeholders and partnershipsSpecify: 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

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

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 Pales-tine People. 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.

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 like-ly-to-succeed projects uncovered by the pre-feasibility survey.

3. Feasibility Studies

Figure 74. An example of the identification of rele-vant stakeholders and their expected duties in the Gaza Camp.

Page | 140

UNRWA collaboration

Volunteer activism and energy

Negotiating properties

Experience and background application

EngageInteractLearn from community and UNRWA experts

Encourage and provide specialized training for Waqf Administrat ion, marketing, funding etc.

DPA and WAB representatives negoti-ate with Jordanian owners, explaining the divine reward of participating in acts with religious and philanthropic goals.

Community members whom have es-tablished connections, relatives with previous experiences in buying prop-erties from neighboring Jordanian families..

Existing participatory platform

Existing CDO volunteers

Through DPA status and connections

Experienced backgrounds of labor work

List skills and demographic informa-tionCategorize who can benefit most from which types of projects

List education degrees and demo-graphic informationCategorize which projects can benefit from and for which graduates

ICIP urban master plan of development projects

Local volunteers of all ages

Through informal connections of the community, relatives, acquaintances etc.

Educational back-grounds of various fields

Participate in the development of the ICIP urban development masterplan

Develop various skills of each committed vol-unteer

And/or

Support and take over some projects; if donors available for WAB and not for UNRWA

Hire experts in Waqf ad-ministration and develop-ment

Trained volun-teers by hired experts of var-ious fields

Exchange of:Knowledgeexpertise

donor networksprojects

Foster:Local activismDevelop skills Utilize human

energy and support

Guarantee: Nearby proper-

ties to be sold by original owners

Employment: each in their field of

experience

Involve in focus groups, workshops

L 1

1

1

1

2

2

2

2

New volun-teers receive training from experienced volunteers

Sustainable training

Chap

ter 4

: Dem

onst

ratin

g th

e Op

port

unity

141 | Page

How and w

ho to start with?

So that the DPA has no right of con-

trol over itW

ith a mandate to coordinate chari-

ty work efforts, m

anage funds from

national and

international donors

and establish appropriate logistical support for building and m

anaging such projects.

Invite UNRWA’s ICIP depart-

ment and exchange concepts

and ideas of the type of possi-ble partnership.Agree on the type and depth of the technical support they can offer.

Invite CDO volunteers and other w

illing local volunteers from the

camp and com

pare similarities

in their agenda and that of the W

ABTrain the volunteers for speci-fied w

ork and administration

Contact networks of donors from

both CDO and ICCS Expand netw

ork with further relations

Fun

d-raise

and promote

Receive visitors and Donors

Invite Islamic Charity Society

Center

administrative

rep-resentatives

to negotiate

the extent of partnership and ex-pertise exchange i.e. legal doc-um

entation, charity work etc.

Share the list of networks and

connection of regular national and international donors.

Establish WAB

HQ outside the cam

p

Establish a registered non-governm

ental, non-profit organiza-

tion at the Ministry of

Social Development

of Jordan

Figure 75. A proposed process of involving each stakeholder in chrono-logical steps.

In conclusion, the Waqf has certain qualities that nominate it as a development-oriented system for uplifting difficult circumstances of deprived com-munities.

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 prof-it generating. A strategic location is preferred but they do not necessarily have to solve urban prob-lems, social aspects, etc. 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.

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 es-tablishment of Waqf - SUPs within the local com-munity itself.

Chapter 4: Demonstrating the Opportunity

1 Feature coined to the Waqf by Monzer Kahf in “The role of Waqf in im-proving 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, Entrepreneur-ship 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 orga-nized 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 gath-ered by their own field studies (see interviews).

Notes

Page | 142 143 | Page

Conclusion

Conclusion

145 | Page

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 prom-ising 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.

Conclusion

Page | 146

Conc

lusi

on

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 characteris-tics and understandings for future proposals on the design and framework that followed.

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 everlast-ing 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 accom-plishments 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 them-selves 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 unaccept-able 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 aware-ness 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 illus-trated 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-

147 | Page

Conclusion

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 success-ful 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 prob-lem. 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.

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.

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 fi-nancial motivation and (c) a Waqf entrepreneurship, extend Waqf’s instrumental capacities to en-compass the aid and sustenance of any community within the less fortunate segment of a society.

The new breed of Waqf entrepreneurship originated from it being fundamentally related to the third sector.

Priva

te Se

ctor

| B

usin

esse

s

Public Sector | Goverment

Voluntary (Third) Sector | Nonprofits

Public-private partnershipCompetitive

sourcing

Figure 75. The three traditional Sectors: Social Entrepreneurship emerges in the growing intersection, (Wolk, 2007).

Demands for efficiency

Preferences for choiceand competition

Reliance on businessand nonprofit service

providers

Demands foraccountability

Demands forsustainability

Gaps in publicservice delivery

Opportunities to provide public services through

private organizations

Call for business ethics

Social Entrepreneur-

ship

Third-party goverment

Corporate socialresponsibility

Earned-incomeventures

Page | 148

Conc

lusi

on

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-govern-mental organization as a product of private collective action to provide its services to the appoint-ed beneficiaries advocating the interests of its members.

If social entrepreneurship is a practice that responds to market failures with transformative, finan-cially 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 princi-ples 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 com-munity 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 com-munity 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

149 | Page

Conclusion

1 Low income 2 3 non-income factors such as poor health, low literacy rate

Lack of access to opportunities such as physical facilities, resources, and employment

characteristics that are poverty-related categorized as 6:

The two way relationship of poverty clarifies that poverty should not only be tackled from an “in-come 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.

Lack of infrastructure

Poor health

Poor Education

Low income

Poverty

Collective action The concept of the Commons as a tool for freedom and a space of eman-cipation, 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 vol-untarily 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 behav-ior. 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.

Figure 76. The two way relationship between poverty and disabling fac-tors that in turn instigate poverty, (Sadeq, 2002).

Establish Waqf depart-mentWork with communityAttract donors

Set architectural guidelines for max-imum flexibility for future Awqaf proj-ects

Allocate deprived neighbor-hoodsAllocate potential propertiesList needed projects

Page | 150

Conc

lusi

on

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 trans-form 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

Macro Meso

Micro Nano

Study regional servicesLocate urban WaqfLink and connect Awqaf projects

developmental tool, instrument, framework (whatsoever it may be seen as).

An inaugurated model that considers a hierarchy of urban scales is delineated below. It is prelim-inary and encourages further research and exploration from urban planners, urban developers, urban policy-makers, architects and architectural facilitators, etc.

Macro

Meso

Study on a regional scale the provided urban services, the locations where they are lacking and insufficient, existing problems and inadequacies.

Study on a city scale the provided urban services, the locations where they are lacking and insufficient, certain problems and inadequacies.

Allocate the deprived neighborhoods and strategically connect them with other neigh-borhoods that have Waqf projects or can benefit from them, or share etc.

Link projects together in strategic planning e.g. split a school project into an elemen-tary 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.

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.

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.

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.

151 | Page

Conclusion

Micro

Nano

Propose neighborhood locations for Waqf acupuncture and who the beneficiaries should/could be (after having allocated potential locations, agreements with owner..)

Design guidelines for the Waqf projects so that they can be phased, flexible for further extension, and fulfill the needs of that specific community

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.

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.

Ensure that compulsory functions not be absent in Waqf projects such as a Waqf ad-ministration department, financing department, volunteering functions..

Establish a Waqf Administrating Body in each community for the existing Waqf and/or the potential and proposed ones.

Anticipate incremental changes and expansion in constructional structure, plan layout, function diversity

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 redistrib-uting 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.

Page | 152

Conc

lusi

on

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 institu-tional 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.

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 con-temporary 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.

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 pub-licly finance the development of Waqf properties, while offering the owners a market determined return.

¹ See Hasan, Samiul, and Jenny Onyx. Comparative third sector governance in Asia structure, process, and political economy. 2008.2 Hasan et al. Ibid. 2008.3 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.

Notes

153 | Page

Conclusion