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British Mandate: A Survey of Palestine: Volume II - Page 901 |
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not by rules issued by the Ministry. With regard to the administration of the Awqaf , the Sharia Courts registered a dedication, and enforced its terms. The Ministry of Awqaf supervised the administration of the trust property or administered it directly.
56. When Palestine was detached from the Ottoman Empire and came under the rule of a non-Moslem Government, it became necessary to create a new machinery for the Moslem Awqaf and Sharia Courts.
57. By an Order* issued by the High Commissioner in December, 1921 a Moslem Council, known as the Supreme Sharia Moslem Council, was constituted for "the control and management of Moslem Awqaf and Sharia affairs in Palestine". The powers of administration and control over the Moslem Awqaf were vested in the Council. by section 1 of the Order it was entrusted with the control and management of Sharia affairs. By section 8 it appointed the Qadis and Inspectors of Sharia Courts, after the nomination bad been approved by Government; Government has as yet and no occasion to withhold approval of such nomination. The Council also has power to dismiss all Awqaf and Sharia officials, including the Judges and Inspectors, without the prior approval of Government and is obliged only to report the fact of dismissal and the reasons thereof to Government.
58. According to the Order of 1921 the Supreme Moslem Council was to consist of a President, known as Rais el Ulema, and four members. Of the four members, two represented the Liwa (District) of Jerusalem, and the remaining two the Liwas of Nablus and Acre respectively. The President and members of the Council received salaries from the Government in consideration of their services in connection with the affairs of the Sharia Courts, the revenue of which is paid to the Government of Palestine. They also receive allowances from A wqaf funds for their work in other Moslem affairs.
59. The duties of the Supreme Moslem Council, as described in section 8 of the Order, are as follows :-
11 (a) To administer and control Moslem Awqaf and to consider and approve the annual Awqa.f Budget, and after approval to transmit the budget to the Government for information;
(b) To nominate for the approval of the Government. and after such approval to appoint, Kadis of the Sharia Courts, the President and members of the Sharia Court of Appeal, and the Inspectors of Sharia Courts. If the Government withholds its approval, it shall signify to the Council within fifteen days the reasons therefor;
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* Bentwich. Vol. 2, pages WS-402.
901