Law as to Vacoufs, June 18, 1867

Law as to Vacoufs.

The following legislative provisions have been sanctioned by his imperial Majesty the Sultan for the purpose of extending the hereditary transmission of the Vacouf properties, called mussacafat (literally, “covered with roofs” ) (1) and musteghellat, (literally, “revenue-producing,” ) (2,) acquired by idjaretein,. (tenancy at double rout,) (3,) without prejudice to the provisions relative to pious foundations, and without infringing upon either the principles which govern the musteghellat properties, or the stipulations of the founders of those estates.

Article I. The existing right of heirship is maintained, in favor of the children of both sexes, in equalportions, to the Vacouf properties called mussacafat and musteghellat, acquired by idjaretein.

In the absence of children of either sex constituting the first degree of succession, the succession of these classes of property will devolve upon the heirs of subsequent degrees, in equal portions between heirs of the same degree, namely:

Second degree, the grandchildren, that is to say, the sons and daughters of either sex, of the heirs of the first degree; third degree, the father and mother; fourth degree, the brothers and sisters of the whole blood; fifth degree, the brothers and sisters of the half blood; sixth degree, uterine brothers and sisters; seventh degree, the surviving husband or wife.

Article II. The heir in one of the higher degrees excludes all other heirs belonging to inferior degrees. For instance, grandchildren cannot inherit mussacafat and musteghellat properties if there be any children, and the father and mother shall also be excluded from inheritance if there be grandchildren, and soon.

Nevertheless the children of pre-deceased sons and daughters, being the representatives of the said sons and daughters, shall inherit, by right of reversion, through their deceased father and mother, in succession to their grandfather and grandmother; but the surviving husband and wife shall be entitled to a part of the inheritance of land transmitted by succession to the heirs of all degrees from the third degree, (succession of father and mother,) inclusively, to the sixth degree, (succession of uterine brothers and sisters,) inclusively.

Article III. To compensate for the advantages of which the Evcaf will be deprived in consequence of the extension of the right of inheritance and the suppression of escheats, the annual fine of idjarei mueddjilé upon the mussacafat and musteghellat properties will be augmented in a reasonable proportion according to the value of the properties, and this proportion will be fixed in a special regulation.

Article IV. As previously a tax of 30 per 1,000 or three per cent. will be attached to the sale of mussacafat and musteghellat properties, and of 15 per 1,000 or l½ per cent. to the succession of the first degree.

A special regulation will fix the duties to be collected upon the successions of succeeding degrees of inheritance.

Article V. The kiraghi bil véfa, or mortgage laws, affecting the mortgage of real estate as security for debt, will remain as before. The conditions of mortgage and the procedure regarding it will be settled by special regulations.

Article VI. The provisions of the present law are optional. The owners of mussacafat and musteghellat estate who wish to profit by it will need to renew the titles of the properties which they hold by idjaretein according to certain forms which will be settled at a later period.

Article VII. The present law is only applicable to the Vacoufs founded by the Sultans or the members of the imperial family, and to all the Vacoufs, which, by the extinction of the descendants of their founders, have come to be administered by the state, and whose disposal belongs to his Majesty the Sultan, represented, in this matter, by the mutecelli, (administrator of the Vacoufs.) Nevertheless, private individuals who are founders of Vacoufs, and possess legal power to modify the conditions of the foundation, are equally authorized to do so in conformity with the present law.

Article VIII. The mussacafat and musteghellat properties of which the soil is held under the form of monkataa, (4,) and upon which mulk buildings have been erected, will remain subject to the laws which at present govern them. The duty of monkataa imposed upon the purchase, sale and transfer through hereditary channels of mussacafat and musteghellat real estate will be augmented in a fair proportion.

Article IX. The present law will come into effect from the date of its promulgation.

1. Under this designation those Vacouf properties are understood upon which buildings of any kind are erected.

2. Musteghellat is urban real estate, upon which there are no buildings, but which yield produce or rent.

3. The idjaretein, which signifies literally “two rents,” constitutes the essential character of Vacouf property. The first rent, called idjarei monaadjele or “anticipatory rent,” is paid at the moment of taking possession, and the second, idjarei muedjele, or “rent due at the expiry of any period,” constitutes the fine which the possessor of the Vacouf property must pay annually.

4. Monkataa signifies a tenancy at a fixed rent. Under this form the possessor of the Vacouf is relieved of all obligation towards the administration of the Evcaf, except the annual fine, and the buildings on these Vacouf lands considered as mulk.