viii.

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دستور

Delavrancea călătorind în satele dobrogene notează: ţară curioasă cu peste 14 popoare, ce nu se amestecă, stând toate ca în conăcire; tătarul nu se ceartă cu mocanul, nici acesta cu lipoveanul, neamţul nu se supără pe turc iar părintele catolic din Cara-Murat, un călugăr din cirul pasioniştilor, fost exilat de ruşi în Siberia şi acum poposit în Cara-Murat, e prieten cu hogea turc şi cu popa românesc; în acel sat vătăşelul primăriei era un tătar şi sprinten şi deştept.

Omul de ştiinţă Grigore Dănescu, premiant al Academiei Române pentru monografia provinciei euxine, observa la sfârşitul secolului anterior (recensământul din decembrie 1899) 25 de popoare şi ginţi ce trăiau laolaltă în ţinutul dintre Dunăre şi mare, grupate de acesta în şase vetre:

Latini: români-118919, italieni-1391, francezi-121, belgieni-576;

Greci-albanezi: greci-8445, albanezi-576;

Germani: germani-8566, englezi-66, elveţieni-10, danezi-9, norvegieni-3;

Slavi: bulgari-38439, ruteni-13680, lipoveni-12801, polonezi-63, muntenegreni-93, sârbi-32;

Mongoli: turci-12146, tătari-28670, găgăuzi-3832, unguri-675;

Alţi: evrei-4654, armeni-2759, ţigani-2852, persani-4.

Savantul elveţian, Eugene Pitard, ajuns în ţinutul pontic pentru a studia populaţia, în 1900, spune că Dobrogea este un ţinut extraordinar, pe lângă români, turci, tătari şi bulgari, erau şi ruşi, lipoveni, greci, germani, italieni, armeni, evrei, şi alţii precum ţiganii şi kurzii. În localitatea 2 Mai, savantul îi cunoaşte pe lipovenii sectei scopiţilor, ei se ocupau cu agricultura şi locuiau în case bine construite, erau paşnici, cinstiţi, nu beau alcool, nu fumau, iar şeful poliţiei din Mangalia i-a spus că nu există nici o plângere împotriva lor. La Gelingic-Pecineaga savantul i-a studiat pe tătari despre care afirmă că sunt agricultori cultivă în special orz şi mei, şi se ocupă de creşterea cailor; sunt muncitori, economi, sobri, bucurându-se de o situaţie economică bună. Soţiile tătarilor nu se îndeletniceau cu agricultura dar stăteau în case supraveghind menajul şi făcând broderie. Aveau case construite din pământ întărit cu paie, casele dispuneau de două camere, una pentru bărbaţi alta pentru femei. Tătarii praticau religia musulmană. Acelaşi călător istoriseşte că acele case de rugăciune musulmane, moscheile adică, erau construcţii cu interiorul foarte simplu, la un colţ al edificiului se ridica minaretul, prevăzut cu o scară circulară în interior, unde muezinul, de cinci ori pe zi urca în galeria superioară de unde chema credincioşii la rugăciune strigând: Allah e mare, nu este alt zeu decât Allah, grăbiţi la fapte bune, grăbiţi la rugăciune, Allah e mare şi Muhammad este profetul Său.

La Cernavodă, în anul 1904, Carmen Silva a primit la bordul vasului delegaţia unor turcoaice dobrogene. Acestea, înainte de a se îmbarca pe navă au stabilit cu fermitate următoarea condiţie: să nu fie nici un bărbat în apropiere.

Regina scriitoare povesteşte: când am intrat în salon, turcoaicele au lepădat vălul şi stăteau înaintea mea în hainele cele mai frumoase. Erau îmbrăcate în catifea roşie cusută cu mult aur şi în mătase de culoare verde şi albastră să te minunez; erau cu giuvaeruri bogate în salbe de aur, de bani frumoşi şi poate foarte vechi. Coadele lor vopsite cu henna atârnau în spate şi erau legate la cap cu tulpane fine, de care atârnau cusuturi drăgălaşe şi firfirici.

Ion Adam, scrie despre tătari, că ţăranul român le recunoaşte o calitate pentru care îi laudă: sunt cinstiţi, cu precădere bătrânii care ajung la virtute; este cu totul rar când nu se ţine de cuvânt tătarul.

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The Third Stage

It refers to structuring the societal relations between the people who live in a city.

Shah Wali Allah Dehlawi calls the individual who rules the city in this stage:

Leader إمام

King ملك

The king is required to possess seven cardinal virtues for making public policies:

Wisdom حكمة

Chastity عفّة

Generosity سماحة

Bravery شجاعة

Eloquence فصاحة

Honesty ديانة

Good conduct سمت الصالح

And other certain universally acknowledged qualities such as sanity, adulthood, gentleness, forbearance, an extraordinary capacity for understanding and judgement, and a reputation among the public for dedication to human welfare.

The king is required to be assisted in the affairs of the city by three important offices.

They are:

Lieutenants whose responsibility is protecting the city from external aggressions; policy-makers and executives who are responsible for formulating new policies; advisors of the ruler. If the city is a human body, the lieutenants are its two hands which are responsible for protecting it by carrying arms in both hands; policy-makers, executives and advisors comprise its intellect.

The officials of the city are required to be honest, competent, obedient and well-wishers of the king. They are answerable to the king and will be punished for any negligence. If they deserve dismissal, the king should dismiss them, hence he has to take care when he appoints one who may have claim over him because of kinship or other factors. The number of offices may be increased or reduced as per the requirement of expediency and the ability of its officials. Sometimes the ruler can appoint one officer for several departments or several officers for one department.

Chief officials

Shah Wali Allah Dehlawi states there are five principal officials in a city.

They are:

Judge قادى

Who is a male, adult, free, sane, competent, firm, patient and mild person and possesses sufficient knowledge in law. He has to consider all evidence and hidden circumstances before pronouncing the judgement.

Military Commander أمير الغزوة

Who is an expert at war machine. He has to appropiately organise brave soldiers and gallant fighters. He should be aware of the potential of troops under his command. He should know the methods of equipping the army and techniques of deploying informers and spies for gathering information about the enemy. Moreover, he is required to understand the ultimate aim of war.

Manager of the City سائس المدينة

Who is in charge of the city. He is required to be firm and patient and aware of the exact condition of the city. He has to appoint deputies from each group of subjects of the city and to regulate the administration of the city through these deputies. Thus he will be able to uplift the backward classes of the city-state.

Tax-collector عامل

Minister وزير

Whose duty is the collection and distribution of taxes.

Secretary وكيل

Who is responsible for organising the daily life of the king and may engage himself with the affairs of the city.

In addition to these five chief officials, the ruler has to appoint

Chief Mufti شيخ الإسلام

If he wants to implement Islamic law in the city. The function of the Mufti is to declare

Rulings فتاوى

on doctrine, to impart religion to people such that it is practiced in daily life and to arrange resources and men for the preaching of Islam.

The ruler is also required to have proven himself in the art of composition of letters and decree. Sometimes he may have to deal with matters related to history, arithmetic, astrology and medicine. Therefore, a versatile intellectual who is an expert in these fields is to appointed.

This officer is called

Sage حكيم

*

حجة الله البالغة

Establishment of Boards and their Functions

Incorporation

With effect from such date as the ÎCŞ–CD (Înalta Curte de Şaria–Curtea Drepturilor), may, by notification in the MO (Monitorul Oficial), appoint in this behalf, there shall be established a Board of Vakfs (Consiliul de Vakâf) under such name as may be specified in the notification.

If the Shia VAKFS in any State constitute in number more than fifteen per cent (15%) of all the VAKFS in the State or if the income of the properties of the Shia VAKF in the State constitutes more than fifteen per cent of the total income of the properties of all the VAKFS in the State, ÎCŞ may, by notification in the MO, establish a Board of Vakfs each for Sunni VAKFS and for Shia VAKFS under such names as may be specified in the notification and in such case, the provisions of this Verdict (LV) shall in their application to the State, have effect as if the amendments specified in the schedule had been made.

The Board shall be a state body having perpetual succession and a common seal with POWER to acquire and hold property and to transfer any such property subject to such conditions and restrictions as may be prescribed and shall by -the said name- sue and be sued.

It shall be lawful for the Board to so re-organise its administrative set-up in the State as to ensure better administration of the VAKFS in the State.

Composition of the Board

The Board shall in the case of the territory of Republica Islamică a Rumeliei (RIR) consist:

Four members, of whom two shall be elected from among themselves by such of the Muslim members of Nadva (Adunarea regională) that have been elected thereto from Büyük Nadva (Adunarea Stărilor), and the other two shall be elected from among themselves by such of the Muslim members of the ÎCŞ-CD as have been elected thereto, and such election shall be held in accordance with the SYSTEM of proportional representation by means of a single transferable vote in such manner as may be prescribed:

Provided that where the number of Muslim members elected to Nadva (Adunare) for a specific Regională, or as the case may be, the territory of RIR, is only one:

Where the number of Muslim members elected from the Curte de Şaria (CŞ): is only one from each, the Muslim member who has been elected to Nadva from the Büyük Nadva or/and CŞ Regională from ÎCŞ, as the case may be, and the Muslim member who has been elected from the Nadva; those two shall become by virtue of such election, members of the Board and the remainder of the membership of the Board under this clause shall be filled up by the ÎCŞ-CD by appointing suitable persons as members of the Board:

Provided further that where no Muslim has been elected from the Nadva or the CŞ Regionale or RIR, as the case may be to the Council, the vacancy in the membership of the Board under this clause shall be filled up by the ÎCŞ-CD by appointing suitable persons as members of the Board:

Provided also that in determining the number of Shia members or Sunni members of the Board, the ÎCŞ-CD shall have regard to the number and value of the Shia VAKFS and Sunni VAKFS to be administered by the Board and the appointment of the members shall be made so far as may be, in accordance with such determination:

Five members, to be appointed by the ÎCŞ-CD, of whom:

one shall be a Shia in the Regională where there is no Shia Board;

one shall be a person who, in the opinion of ÎCŞ-CD is a recognised scholar in Islamic theology;

one shall be appointed from among the members of Muslim organisations in the ÎCŞ;

two shall be persons possessing administrative experience and knowledge of law;

one guardian (custode) to be appointed by the ÎCŞ-CD;

VAKF Commissioner (secretar-regional), who shall be, ex-officio, member-Secretary of the Board.

explanation: the reference to Legislature in this section shall be constructed in relation to the territory of RIR as references to the Consiliul Regional (de Vakâf).

Term of office

The members of the Board shall hold office for five years:

Provided that a member shall, notwithstanding the expiration of his term of office, continue to hold office until the appointment of his successor is notified in the MO (Monitorul Oficial).

comment: the members of the Board hold office for five years. The Board is an incorporated body having perpetual succession. No act of proceeding of the Board is invalid by reason of the existence of any vacancy amongst its members or any defect in the Constitution thereof. The proviso only provides that no member shall notwithstanding the expiration of his term of office continue to hold office until the appointment of his successor is notified in the official Gazette.

The object is to define the duration of the members of the Board and the object of the proviso is to see that there should not be any hiatus in the continuation of the membership. Therefore, what is sought to be provided for by the proviso cannot be said to have been dealt with by the argument. The proviso cannot be said to be invalid for the reason that it seeks to whittle down the effect of the argument. Therefore notwithstanding the fact that the term of the office of the members stood expired, still on account of the impact of the proviso, the members shall have to hold office until the appointment of the successor is notified in the MO.

Tenure of the office of the Chairman

The tenure of the office of the Chairman is not fixed for five years and the same is at the laissez of the members of the Board.

Disqualifications

for being appointed or for continuing as a member of the Board:

A person shall be disqualified for being appointed, or for continuing as a member of the Board:

If he is not a Muslim and is less then twenty-one years of age;

If he is found to be a person of unsound mind;

If he is an undischarged insolvent;

If he has been convicted of an offence involving moral turpitude and such conviction has not been reversed or he has not been granted full pardon in respect of such offence;

If he has been on a previous occasion: removed from his office as a member or as a guardian (custode) or removed by an order of a competent court or tribunal from any position of trust, either for mismanagement or for corruption.

comment: these are the five disqualifications for appointment and for continuing as a member of the Board.

Meeting of the Board

The Board shall meet for the transaction of business at such times and places as may be prescribed.

The Chairman, or in his absence, members chosen by the members from amongst themselves shall preside at a meeting of the Board.

All questions which come before any meeting of the Board shall be decided by a majority of votes of the members present, and in the case of equality of votes, the Chairman or, in his absence, any other person presiding shall have a second or casting vote.

Functions of the Board

The general superintendence, of all VAKFS in RIR in relation to all matters, except those which are expressly required by this Verdict (Document juridic) to be dealt with by the VAKF secretar-regional, shall vest in the Board established; and it shall be the duty of the Board so to exercise its powers under this Document as to ensure that the VAKFS under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to objects and for the purposes for which such VAKFS were created or intended:

Provided that in exercising its powers under this Document in respect of the VAKFS, the Board shall proceed in conformity with the directions of the VAKFS, the purposes of the VAKF and any usage or custom of the VAKF sanctioned by the Law.

explanation: for the removal of doubts it is hereby declared that VAKFS include a VAKF in relation to which any scheme has been made by any court of law, whether before or after the commencement of Legea Vakâfului (LV).

Without prejudice to the generality of the foregoing power, the functions of the Board shall be:

To maintain a record containing information relating to the origin, income, object and beneficiaries of every VAKF;

To ensure that the income and other property of a VAKF are applied to the objects and for the purposes of which that VAKF was created or intended;

To give directions for the administration of VAKFS;

[Andhra Pradesh Vakf Board, Hyderabad v. S. Syed Ali Mulla, A.I.R. 1985 A., p. 127]

To direct –

The utilisation of the surplus income of a VAKF consistently with the object of the VAKF,

In what manner the income of a VAKF, the objects of which are not evident from any written instrument, shall be utilised; where any object of a VAKF has ceased to exist or has become incapable of achievement, that so much of the income of the VAKF as was previously applied to that object shall be applied to any other object which shall be similar; or nearly similar to the original object, or for the benefit of the poor or for the purpose of promotion of knowledge and learning in the Muslim community:

Provided that no direction shall be given under this clause without giving the parties affected an opportunity of being heard.

explanation: for the purposes of this clause, the powers of the Board shall be exercised:

In the case of a Sunni VAKF, by the Sunni members of the Board only,

In the case of a Shia VAKF, by the Shia members of the Board only.

Provided were that having regard to the number of the Sunni or Shia members in the Board and other circumstances, it appears to the Board that its power should not be exercised by such members only, it may co-opt such other Muslims being Sunnis or Shias, as the case may be, as it thinks fit, to be temporary members of the Board for exercising its powers under this clause:

{The words, brackets, letter and figure –settled– any scheme of management}

To appoint and remove guardians in accordance with the provisions of this Verdict;

To institute and defend suits and proceedings in a court of law relating to VAKFS;

To sanction in accordance with Muslim LAW, transfer of immovable property of a VAKF by way of sale, gift mortgage, exchange (or lease, in accordance with the provisions of this Document).

Provided that no such sanction shall be given unless at least two-thirds of the members of the Board vote in favour of such transaction:

To administer the Wakf Fund;

To call for such returns, statistics, accounts, and other information from the Custozi with respect to the VAKF property as the Board may, from time to time, require:

Generally do all such actions as may be necessary for the due control, maintenance and administration of VAKFS.

Where the Board has given any direction, any person interested in the VAKF (or affected by such direction) may institute a suit in a civil court of competent jurisdiction for (setting aside such directions) and the decision of the Civil Court thereon shall be final.

Power to appoint trustee

The Wakf Board (Consiliul de Vakâf) has certainly the power to appoint trustees to the wakf in accordance with the schemed instituted by the court.

Board’s powers and functions

The proviso is a significant and an important GUIDE to the nature and scope of the Board’s powers and functions. This proviso is a proviso to the entire Verdict and not to one section alone, for its ambit is not combined. Whatever power or function the Board would exercise under the Verdict must be exercised in conformity with the directions of the VAKF, and the objects of the VAKF, as well as the usage and custom of the VAKF sanctioned by Muslim law.

Legea Vakâfului (Verdictul/Documentul juridic/Jurisprudenţa Fatvei) empowers the VAKF Board (Consiliul de Vakâf) to take measures for the recovery of lost properties of the VAKF, to institute and defend suits and proceeding in a court of law relating to VAKF, and generally do all such acts as may be necessary for the due control, maintenance and administration of VAKFS; this applies to all VAKFS, and, therefore, the suit is maintainable whether the property belongs to one VAKF or the other.

Under this section the VAKF Board which is a state-body has been vested with the power of GENERAL SUPERINTENDENCE of all the VAKFS existing in the State.

LV empowers the VAKF Board to appoint and remove Custozi in accordance with the provisions of the Verdict.

Therefore, as far as removal of a guardian (custode) is concerned, the order of the VAKF Board removing a guardian is made appealable if the appeal reaches the ÎCŞ and the order of the ÎCŞ on appeal is made final.