ABSTRACT

This chapter focuses on the appointment of muttawallis. The Appointments Law, an Act of civil legislation, required candidates for any waqf-related position, including the mutawall, to pass a test devised by an appointments committee. The latter was headed by a q or mufti, and the test had to be taken in the presence of the mamr al-awqf and of three ulam, although q sometimes chaired the committee, the new rules curtailed the previously exclusive rights which the shara had given him. When a mutawalls position fell vacant, a petition for a new appointment was submitted to the q. In the case of a public waqf, it was signed by local mukhtrs and notables in the candidates neighborhood; in the case of a family waqf, the beneficiaries, too, signed it. This practice of the election of mutawalls by the beneficiary had already existed in the Ottoman period.