(Alternation Special Edition, 2021-11-03) Chembea, S.A.
Waqfs (religious endowments) were the mainstay of a plethora of beneficiaries
evolving to a socio-economically secure constituency of Muslims. Secured of
socio-economic well-being, beneficiaries threatened and often advocated for
social and political positions independent of and in opposition to political
establishments. This saw the creation of state agencies to control waqfs as
evident in both Muslim and colonial powers. State agencies did not, however,
annihilate waqfs as envisaged but beneficiaries diversified into alternative
charitable activities as provided by the Shari’a. Using James C. Scott’s concept
of ‘symbolic resistance’ and Talal Asad’s view of Islam as a ‘discursive
tradition’, I argue that use of uncontrolled charities like sadaqa and private
trusts in Kenya’s secular milieu does not only accord Muslims the wherewithal
to negotiate the socio-cultural and economic spheres, but also provide a means
to fulfilling religious obligations outside the purview of the state.