Waqf and its role in the social and economic development of the hashemite kingdom of jordan
1. Journal of Economics and Sustainable Development www.iiste.org
ISSN 2222-1700 (Paper) ISSN 2222-2855 (Online)
Vol.5, No.15 2014
Waqf and its Role in the Social and Economic Development of the
Hashemite Kingdom of Jordan
Dr. mousa almanaseer1 Dr.bashar matarneh2
1. Associate Finance Professor .Head of Accounting & Finance Dept. Applied Science University, P.O.
Box 5055 Jufair, Kingdom of Bahrain
* E-mail of the corresponding author: mousa_almanaseer@yahoo.com
2. Assistant finance Professor .Head of Accounting & Finance Dept. Applied Science University, P.O.
Box 5055 Jufair, Kingdom of Bahrain
* E-mail of the corresponding author: basharmatarneh@gmail.com
Abstract
This study aims at recognizing the role of waqf in both the economic and social sectors in the Hashemite
Kingdom of Jordan. This study includes a definition of waqf, an abstract about waqf and its development to
modern times since the age of the Messenger, peace and blessings of Allah be upon him... The study also shows
the most important targets of waqf and the importance of waqf for both the economic and social sectors and the
uses of waqf in both sectors.
This study adopted the descriptive methodology to show the role of waqf in both economic and social fields in
the Kingdom. It depended on secondary data from previous resources, books, references and literature in the
subject, in addition to analyzing the data submitted by the Jordanian Ministry of Awqaf, Islamic Affairs and
Holy Places as well as Amwal Development institution?. The study also sought to know the realty of Islamic
waqf in Jordan as well as the most important institutions interests and seeking to develop it? The revenues and
expenses of Waqf's funds Development Foundation For the period of 2005 -2010 were also reviewed and a set of
percentages were drawn up to show the distribution of waqf in the different sectors of the Kingdom.
The study concluded that the waqf funds dedicated to mosques and cemeteries ranks first and dominates all of
the waqf funds, whereas there are a few waqfs that contribute to the economy. Despite the existence of huge
waqf assets and properties, little has been invested in these assets and properties. Thus, the study recommends
working on the following and conducting a campaign to raise public awareness on the importance of waqf for the
economy, in addition to increasing the contributions of the private sector to waqf and investing in different
projects that serve society.
Keywords : Waqf, the social, economic development
1.Introduction:
Waqf is a very old institution known by many nations before Islam. The honorable Islamic Shari’a, regarding
waqf, provided it with a detailed legal status and expanded it quantitatively and qualitatively, as waqf in Islamic
history was considered to be one of the most important economic resources in an Islamic country. Waqf used to
focus on the fields of health, education and social affairs to the extent that it contributed to paying the expenses
of military campaigns undertaken in the name of the protection of the Oumma and the advancement of Islam. .
Anyone who reads the history of waqf will discover that it has never avoided any aspect of affairs in life and
provided a source of finance even for horses, swords and other military equipment. However, currently little is
known about waqf except its name, to the extent that many devout Muslims cannot define it or explain its role.
Thus, this research was carried out to demonstrate this role by highlighting the Jordanian experience in investing
waqf, tracing its achievements, showing its importance from both the economic and social points of view and
describing its role in undertaking good works.
In this context, it should be noted that the Ministry of Waqf, Islamic affairs and Holy Places in the
Hashemite Kingdom of Jordan sought to enhance the waqf funds by establishing an administratively and
financially independent investment body to undertake investments aiming at maximizing revenues generated by
waqf capital. Therefore, in accordance with the Waqf Law no. 32/2001, the Ministry established the Waqf's
funds Development Foundationto undertake the management and organization of the investment of waqf funds
in addition to obtaining non-usurious loans for waqf projects. The institution also financed its own investment
projects, in addition to speculating in land by accumulating improved and unimproved real estate through
Ministry funds. Thus, the institution of waqf plays an important role in the comprehensive development of
Jordan. In the social sector, the Ministry has activated the role of the mosques, schools and religious colleges as
well as orphanages and health centers. They have also contributed to mitigating the charges on the state treasury
in helping the poor, the handicapped, the sick and students through planned expenditures for which a quarter of
waqf funds are spent, known as the waqf program system. As for the economy, waqf funds contribute to solving
some economic problems such as inadequate housing and commercial buildings. Waqf funds also play a role in
promoting agriculture through agricultural development projects and the lease of agricultural lands aimed at
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2. Journal of Economics and Sustainable Development www.iiste.org
ISSN 2222-1700 (Paper) ISSN 2222-2855 (Online)
Vol.5, No.15 2014
creating profitable agricultural investments that conform to the Islamic Shari’a.
1.1: Research Hypotheses
Waqf contributes to the economy of the Hashemite Kingdom of Jordan.
Waqf contributes to the social sector in the Hashemite Kingdom of Jordan
1.2:The Study Importance
The importance of this study derives from the effective role of waqf from the economic and social points of view.
This study aims at assessing the Jordanian experiment in managing and developing waqf funds.
1.3:The Study Objective
1- Recognizing the philosophical framework of waqf in the Hashemite Kingdom of Jordan.
2- Recognizing the waqf reality in the Hashemite Kingdom of Jordan.
3- Reaching findings and recommendations for the concerned persons and decision makers.
2.1 Definition of waqf, evidence of its legal status and different types of waqf:
In the Arabic language, waqf means: withholding or prevention, tranquility, silence. It is a word in Arabic
composed of three letters and is mostly used in its source? as a past participle form to be spoken as: Waqf which
means “withheld”, so it can be used in the dual or plural forms to be pronounced “Waqfan” and “Awqaf”. It can
also be used with the sense of “stopping” (ibn Manzour, Lesan El-Arab 9/259- 360)
In terminology, scholars have offered many definitions for waqf according to their approaches towards
its origins. Abu Hanifa defined it as “withholding property according to the judgment of its owner, and providing
charity from its revenues. The meaning implied here is that the property remains in perpetuity under the
ownership of its custodian and cannot be disposed of in any way. (Ibn Abedin, 1987).
Shafi’I defined it as keeping of money that may be benefited from the remaining of its property
confined as well as the devoting of its profit for charitable purposes. (Khatib 1377 AH- 1958 AD). Hanbali said
that Waqf is: the confinement of the property and the devoting of its profit for the charitable purposes for the
sake of Allah’s mercy (Bahooti 1414 AH- 1993 AD).
Idiomatically, Maalikis said that Waqf is: the devoting of profit of some property as long as it is
existent provided that it shall be owned by the benefactor even if by name. Linguistically, it is (any property that
its profit is devoted as long as it is existent) (Manh El-Jalil 4/34 and Gawager El-Ekleel 2/205).
The researcher considers that the most notable and comprehensive of these definitions is this meaning:
withholding property and not permitting it to be owned by any person and disposing of its benefits in a
permissible manner. This is supported with the narration by Abdullah Ben Omar May Allah be satisfied with
them that Omar Ben al-Khattab May Allah be satisfied with him profited some lands in Khaibar and came to the
prophet-peace be upon him- for the sake of ruling. He said, “O Messenger of Allah, I’ve profited some lands in
Khaibar and I’ve never profited money more precious than these lands. So, what you see?” The Prophet said:
“you can confine the assets and charity it” (Bukhari, 1414 Ah-1993 AD). In another narration: “confine the
assets and devote the profits”. The saying “Tahbiis” stems from “Habs” which means confinement, that is, the
confinement of property and non-ownership of it by any reason of ownership. The saying (Al-Asl) means the
confined property and the saying (Tasbil El-Manfa’a) means the devoting of profits of confined property to the
intended authorities that are concerned with such confinement.
As for Jordanian civil law based on the Islamic Shari’a law, waqf was defined in Article 1233 as
“withholding the property owned from being disposed of and allocating its benefits for charity”. This means
removing ownership of this particular property such that it cannot be owned by anyone; it is intended for Allah
only. This supports Article 2 of the Jordanian Waqf Law no. 32/2001 defining waqf as “withholding the property
of the owner for Allah the Almighty in order to allocate its benefits for charity and for good deeds…”
2.2 Types of waqf :-
In the texts of the Islamic Shari’a law a waqf is a legal institution established by a living person (waqif, or
founder) who holds a revenue property and renders the property inalienable in perpetuity, prohibited from sale,
donation, transfer or inheritance. Shari’a law describes three types of waqf: charitable, family and common.
a) Charitable or Khairy waqf which the founder directed to charitable organizations at its founding
(Yakan, 1388A.H). This includes the abstract religious waqf. It allocates funds for worship in its narrow
meaning such as for the construction and/or maintenance of places dedicated to prayer, worship and
other religious activities; Charitable waqf allocates properties and funds to the various charitable
activities such as healthcare, education, cultural and social services. This type of fund is known to all
nations since the beginning of history, but Muslims were those who expanded it in size and purpose.
b) Family or Ahli waqf: which the waqf founder dedicated for himself or his family or both, or for a
certain person or his family or both, or for the waqf owner and his family and other persons and his
family as well. This type of waqf exceeds that known to previous nations and exceeds most of the types
to which many western nations have become accustomed. It is a purely Islamic concept created by the
Companions of our Prophet, Peace and blessings of Allah be upon Him, after El-Farouq Omar
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Vol.5, No.15 2014
registered his own waqf in Khaibar and chose witnesses to it, consequently many companions dedicated
many of their properties as waqfs. Some of them stipulated that the benefits of these waqfs should
benefit the family in priority, then any charitable cause.
c) Common or Mushtarak waqf: which the founder dedicated for charity bodies and for individuals as
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well.
2.3 historical overview on the emergence and development of waqf legislation in the Kingdom of Jordan.
Waqf matters were regulated in accordance with the waqf management system of the Ottoman Empire until 1280
A.H. When the main law for waqf was issued in 1928 under the Emirate of Transjordan (Imārat Sharq al-Urdan),
Article 61 was dedicated to the Islamic waqfs and their administration. The article stated that:-
“ a special law shall organize waqf funds and properties and the administration of their financial and
non-financial affairs. The Waqf Authority shall be considered to be a governmental body”. The public
Constitution of 1946 confirmed this law when the independent Hashemite Kingdom of Jordan was proclaimed
and which stated that Waqf institutions are legally independent, and waqf funds shall not be integrated with other
public funds. This shows the clear understanding of the early legislators of the Kingdom of the importance of
waqf and its role in the Kingdom. It also stated that the courts are the only authorities with the right to judge in
any matters or issues related to waqf according to the principles of Shari’a law. After the accession of His
Majesty King Hussein ibn Talal the Constitution of the Kingdom was proclaimed in 1952. It reaffirmed in
Articles 105 and 107 the provisions of Article 61 and the Waqf law passed in 1946 remained in effectuntil 1962.
In 1966, the Waqf Law that currently applies was issued as Law no. 26 under the name of the Waqf Law in
Article 107 of the Constitution. Among the most important amendments of this Law was its name which was
amended to be “Law on Awqaf, Islamic Affairs and Holy Places” (Salah, 2003).
2.3 The role of Waqf in the Economic Sector:
Waqf funds contribute to solving some economic problems such as inadequate housing problems and
commercial buildings; they also play a role in the development of agriculture through agricultural projects and
leasing agricultural lands aiming at creating revenue-generating activities for beneficiaries in accordance with
the Islamic Sharia law. One of these projects is the construction of the Shohada’ Mosque community complex in
the Governorate of Karak, an integrated project that includes a mosque, a market, a school, a multi-purpose hall
and a library, which contributed to creating many job opportunities and new occupations. It also affected the
level of waqf development and increased its resources by leasing and direct utilization of the market and the
entry fees for tours of the complex in addition to utilizing remaining vacant project lands in the future. Moreover,
an agreement was entered into with the Ministry of Social Affairs to prepare a waqf housing project for the poor
in El-Rasifa District. The Ministry of Awqaf, Islamic Affairs and Holy Places awarded a waqf plot of land with
an area of almost 50 acres, provided that the Ministry of Social Affairsbuilds housingto provide lodgings for the
poor until they are able to afford a house on their own, after which they are required to vacate their housing for
others who are in greater need.
One of the most important investment projects that the Ministry has implemented is a construction
project of low-rent stores and student housing in Amman/Sowaileh for a cost of 377 thousand JOD. The
institution is working on completing some studies for some future projects such as constructing commercial
stores and offices in Tafilah with a cost of 450 thousand JOD. The Ministry of Awqaf, Islamic Affairs and
HolyPlaces allocated land as waqf to hospitals and health centers and medical pharmacies to provide for the
medical treatment ofthe poor and provide them with suitable medications in cooperation with the Islamic
Treasury, in addition to providing the necessary support by providing medical prescriptions to the poor from the
waqffunds dedicated for this purpose.
2.4 The role of Waqf in the Social Sector:-
Due to the importance of waqf in the social sector, the Kingdom of Jordan established a ministry for this purpose
under the name of the Ministry of Awqaf, Islamic Affairs and Holy Places which has many plans and projects
for waqf and was working to meet the goals and objectives of the Ministry within each program plan for the
achievement of the general objectives of the Ministry. The Jordanian government helped this Ministry by rising
the budget of the Ministry of Awqaf, Islamic Affairs and Holy Places so that it could become administratively
and financially independent. The budget subsided was estimated at 13 million JOD in 1999 and the waqf
revenues were allocated to some activities, the most important of which was implementing religious rituals that
include the building and restoration of mosques and cemeteries, in addition to promoting science and learning
by establishing schools and libraries and providing them with the necessary assistance and any other aspect that
could benefit society including building and maintaining hospitals, orphanages, cemeteries and all charitable
organizations (Salah, Abdel-Fattah, 2003).To demonstrate in detail the role of waqf in the social sector in the
Kingdom of Jordan, we explain below in detail the work financed by the Ministry for the benefit of mosques,
schools, universities, orphanages and cemeteries..
a) Mosques: The Ministry of Awqaf, Islamic Affairs and Holy Places has included within its plans the
establishment of mosques and their main public utilities as well as Islamic cultural centers and
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Vol.5, No.15 2014
publishing and distribution centers for the Holy Quran, in addition to providing for their maintenance
and restoration. Examples are the reconstruction of Shohadaa’ mosque and the cemetery in the Karak
District of Mu’tah and the western shrine. Maintenance and expansion completed have made it possible
for these buildings to accommodate 3,000 people for the Prayer, in addition to providing housing for the
Imam and the Muezzin, public utilities (running water for ritual ablutions and electricity for night
lighting) for the mosque and a hostel for guests. The project also included a library, public spaces and
other works. The cost of the project was estimated at 20 million JOD. Another example is the
reconstruction of the Mosque of the Prophet Sho’aib near the town of El-Salt and the project to develop
the Ahl El-Kahf “the Cave people” site “Al-Raqeem” in Amman, in addition to many other projects
currentlyunderway and planned projects for the future. In 2010 in Jordan in 2010 there were about
6,243 operating mosques and 772 under construction. (Ministry of Awqaf, Islamic affairs and Holy
Places).
b) Schools and faculties of religious studies: The Ministry of Awqaf, Islamic Affairs and Holy Places has
established many schools and faculties of religious studies onDa’wa(proselytization) and the history of
Islam, and colleges of social sciences. Such colleges contributed to graduating many imam and muezzin
qualified to educate and contribute to educating youth correctly on the principles and ethics of Islam.
c) Orphanages: The Ministry of Awqaf, Islamic Affairs and Holy Places in Jordan provides support for an
important area which is orphanages. The Ministry established a special department for orphanages
which is the Amwal Development Institution for Orphans. Moreover, the Ministry established an
industrial school to teach different crafts such as carpentry, printing, sewing, machine and vehicle
maintenance, in addition to supervising the education of orphans who deserve an education, like all
other individuals in society, in cooperation and coordination with the Ministry of Education (Salah,
2003).
d) Cemeteries: The Ministry of Awqaf, Islamic Affairs and Holy Places in Jordan has allocated a certain
amount in its budget for cemeteries. Part of the waqf revenue is spent on cemeteries following a specific
plan. There are a total of 133 cemeteries within the capital borders, 128 of which are Islamic
cemeteries managed by the Ministry of Awqaf, Islamic Affairs and Holy Places, and 5 of which are
Christian cemeteries managed by the Christian Humanitarian Leagues as well as the Ministry of Health,
the Ministry of the Interior and the General Secretary of Amman. While the closed cemeteries
throughout the Kingdom number 200 cemeteries according to the 2010 report of the Ministry of Awqaf,
Islamic Affairs and Holy Places.
2.5 Waqf Institutions in the Kingdom of Jordan:-
The Ministry of Awqaf, Islamic Affairs and Holy Places is considered to be the Ministry concerned with waqf. It
established the Directorate of Awqaf Properties and the Awqaf Fund Development Institution. Below, some
information is presented on each of them.
First: Directorate of Awqaf Properties:-
The Ministry pays special attention to the waqf properties by preserving the moveable and non-moveable waqf
funds in developments, constructions, investments and agricultural projects. Its policy is implemented through
the Directorate of Awqaf Properties in such a way as to accomplish purpose of each waqf. , This Directorate also
provides for the correct utilization of waqf properties so that they correctly benefit the waqf, and its charitable
objectives in the community, in order for the waqf to play its role in contributing to economic and social
development and addressing community problems by enhancing the role of the waqf and carrying out their
conditions in order to encourage citizens to create endowments of their properties for the purposes of waqf in
order to benefit from the reward and compensation of Allah as well as creating a permanent charity that will
provide benefits in perpetuity.
The Directorate contributed by increasing the number of waqf properties such that by the end of 1998,
they numbered 4,422 plots. Moreover, 32 agricultural projects were implemented in different regions of Jordan
with a total area of 1,105 acres planted with different kinds of orchards, the most important of which are the
olive groves. An allocation of almost 1,530 acres was made to develop the mosques and cemeteries of the Noble
Companions from the North of the Kingdom to the South. Work has started on some of them while on others
work is about to be concluded, such as the Mosque of the Noble Companion Abu Obieda Amer ibn El-Garrah.
The revenues from rentals in 1993 reached 610,000.0 JOD and by the end of 1993 reached 940,000.00 JOD
according to the estimates of the Directorate of waqf Properties of the Ministry of Awqaf Islamic Affairs and
Holy Places.
Second: Awqaf Fund Development Institution:-
This is a public institution with administrative and financial independence established by the Ministry to be the
investment arm that works on developing and investing waqf lands and funds in the Kingdom of Jordan. The
institution was established in 2001 and started its work in 2003 in accordance with Article 26 of Law no.32/2001
which states “a public official institution is to be established under the name of the Awqaf Fund Development
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Institution which shall enjoy a separate judicial personality and administrative and financial independence and
must be granted financial liability that is independent from that of the Ministry. It shall complete all the legal
acts that would enable it to carry out its functions. It may sue and be sued and may assign on its behalf a civil
public attorney before the courts or any other attorney it might assign for this purpose” (Waqf Law, 2008). This
Institution thus communicates an important message by taking an interest in charitable waqf and working to
invest and diversify its investments to serve economic and social development by hiring qualified staff and
conducting poverty reduction activities in a way that contributes to achieving the social security of the Jordanian
community.
The Board manages this institution is run by a Board of Directors with expertise in public and private
sector investments, under the presidency of His Excellency the Minister of Awqaf, Islamic Affairs and Holy
Places. The General Director carries out his mandate with the assistance of employees through 15 offices located
throughout the districts and regions of the Kingdom. The Institution carries out a number of missions, the most
important of which is receiving the rental revenues of properties and leasing existing buildings and agricultural
lands, in addition to maintaining and improving waqf properties. The institution also implements investment
projects after conducting feasibility studies. The following table shows the reality of waqf in Jordan.
Figure (1)
Distribution of waqf investments according to sector
Figure 1 shows clearly that of the total there are 321waqf funds in the religious sector or 78%, which is the
largest proportion of expenditures, including mosques and building, maintaining and expanding them and
working on restoring them, in addition to managing the cemeteries and establishing publishing and distribution
centers for the Holy Quran and Islamic cultural centers.
The health sector ranks second with 45 waqf funds or 11% of the total, including waqf properties to build
hospitals and health centers and other expenditures. As for the social sector, 26 waqf funds, or 6% of the total,
were dedicated for the benefit of orphanages, nursing homes and assistance for the disabled, in addition to
providing the main needs of the poor in cooperation with the Ministry of Social Development, while the
remaining 18 waqf funds, or 3%, were dedicated to other sectors .
3.1 Prediction Analysis
1-first Table (1) the institution revenues in 2005-2010
Revenues increased gradually from 2005, reaching a peak in 2009, but they declined again in 2010 due to the
economic problems that led to a decrease in the number of people in the community who endowed their lands
and low rates of apartment rent collection. . In the same year, rental revenues were transferred to the Ministry of
Awqaf, Islamic Affairs and Holy Places, which led to the decrease in revenues.
2- Second: Table 2- Expenses in 2005-2010
Expenditures increased gradually from 2005, peaking in 2008. However, they declined in 2009 and 2010 due to
the transfer of rentals to the Ministry, which decreased the expenses of maintaining the properties and other
problems related to the rental expenditures. The current reality for waqfis that revenues are too low to meet the
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Vol.5, No.15 2014
main expenditures of the Ministry, or even its employees’ salaries. This has led successive governments in
Jordan to subsidize the expenses of the Ministry of Awqaf, Islamic Affairs and Holy Places and the maintenance
of the mosques under the State budgets.
Third: Table 3: proportion of revenues compared with the total Gross Domestic Product during 2005-2010
As regards revenues as a percentage of the Gross Domestic Product (GDP), we notice that it is a very small
percentage and is continue in decreasing; even in the best years it never reached 0.03%. However, the Ministry
of Awqaf, Islamic Affairs and Holy Places in Jordan is trying to develop and encourage waqf according to
Islamic Shari’a law and increase the awareness of the importance of waqf and its benefits for society and the
state from all points of view, especially the economy.
As a result, the Ministry is administering waqf lands and funds and managing them by investing in different
activities to achieve the greatest objective of waqf which is the reward of Allah. Figure one shows the proportion
of Awqaf in different sectors in Jordan
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Conclusion
1- The study showed that the institution of waqf contributes significantly to society by providing houses
for worship and cemeteries for about 78% of the total, which is reflected in the increased social
connections among individuals and lower costs.
2- The study showed that revenues are characterized by stability, in contrast to expenditures that fluctuate
significantly as many of the main expenditures are incurred by the state.
3- The study showed that there is a weakness in the waqf contribution to the economy as its proportion of
GDP does not exceed in the best cases .003%, which shows the lack of awareness of society regarding
the importance of waqf in the economic sector.
Recommendations
1- Raising social awareness of the importance of waqf through forums, leaflets and local and regional
conferences that shows the role of waqf and its importance in the social sector.
2- The need to amend the laws and procedures related to the management of the waqf institutions in Jordan
in order to accelerate procedures.
3- Increase the private sector contributions in waqf through different economic projects.
References
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Beirut, House of Arab Heritage Revival.
2- Ibn Manzour, Lesan El_arab, Beirut, House of Arab Heritage Revival.
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Jordan University.
4- Al-Azhari, Salih Abdel-Sami’ AlAbi, Jawahr El-Iklil, sharh Mokhtasar Khalil, part 2. Cultural library.
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edition. Edited by Mostaphadeib ElBogha.
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Daqa’eqElNohaLesharhElMontaha- Beirut, first edition, books world.
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Hashemite Kingdom of Jordan.
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university Magazine in Medina. Issue 120 and issue 30, scientific research deanship.
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Economic field
Social field
Waqf
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Study Model
Independent variable dependent variables
First: Table (1) the institution revenues in 2005-2010
2010 2009 2008 2007 2006 2005 Year
1,936,000 2,309,000 2,203,000 2,118,400 2,115,300 2,113,000 Revenues
Development Institution, General Director of Administrative and Financial Affairs and the researcher’s own work)
Figure 2: Revenues
Second: Table 2- Expenses in 2005-2010
2010 2009 2008 2007 2006 ا 2005 Year
517,557 1,081,468 2,159,803 1,628,518 1,109,461 970,200 Expenses
(Source: Awqaf Fund Development Institution, Director of Administrative and Financial affairs and the researcher’s own calculations)
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Figure 3: Expenditures
Table 3: proportion of revenues compared with the total Gross Domestic Product during 2005-2010
2010 2009 2008 2007 2006 2005 Year
0.0001 0.00013 0.00024 0.00024 0.00024 0.00024 Expenses
(Sources: Awqaf Fund Development Institution, Director of Administrative and Financial Affairs and the researcher’s own calculations)
Figure 4: Revenues compared with Gross Domestic Product (GDP)
25
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