A dispute supported by documentations .. Umm al-Tibul: the Judiciary supports the Sunni Waqf (Endowment)

A dispute supported by documentations .. Umm al-Tibul: the Judiciary supports the Sunni Waqf (Endowment)

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Under the growing Sunni endowment resources ;  the dispute was exacerbated  between those who claimed of the right of Ifta (to deliver religious opinions) and seize without the right  a certain property of the Sunni Endowment, and those who had the vigor and legitimacy in the management of Sunni Endowment, and had the highest vigilance and fear of God in the management of properties in a fair, transparent and accurate way.

Sources close to the current presidency of the  endowment says  that D. Abdul Latif Alhmam , the current president of Sunni Waqaf has gained a lawsuit to reduce  the  ambition of  Mehdi al-Sumaidaie, who used force to seize  and take hold on the mosque of Umm  al-Tuubul  and  its belongings after the expulsion of its preacher  , taking possession of all resources in the mosque.

And Sumaidei – According neutral and reliable sources – is seeking to take over the mosque and  raise the seditions, while Justice requires that things be put in its proper place  to avoid disputes  on the ownership of the mosque and its belongings, which stepped down to the  sectarian turn, noting that   the Sunni Waqf  do not want things  to be worsened ; it is characterized by tolerance and patience, especially which has – as moderate  – an  acceptance among all circles.

According to the Governing Council Resolution No. (68) dated 22/10/2003 passed the law which provides for the establishment of the Office to take care of the Awqaf ahu al-Sunnis  and its Islamic affairs, called  Diwan of  Sunni  Waqaf (Endowment), and is linked to the Council of Ministers and enjoys with  moral personality  represented by the President or a person on his behalf .

the Diwan aims for closer religious ties with the Islamic world, and rapprochement between sects and creeds, and to organize the affairs of the administration   of Awqaf  and supervision and keep an eye on it, and invest  the funds of endowments in the legitimate aspects  to ensure the preservation and development of it , and take care of the implementation of  the conditions of al-Wakif , and overseeing the attached endowments .

It also aims to take care of  affairs of Islamic and  charitable institutions  and development of it , promoting Islamic  education and  culture and be cared for and its development, and the Revival of Islamic Heritage and Islamic monuments and preserving of  it conservation, and management of shrines of prophets and holy sites and  Sunni shrines that were administrate historically by the Sunnis.

The Rawabet  Center got  documents proving  that  Sumaidaie exceeded the proper bounds upon the  mosque Umm al-Tibul and  its annexes , and its devoutness, and show the role of the Sunni Waqf to  retrieve the right by law and fair judiciary.

= Document numbered 1/1092 dated 08.09.2015 directed  from the head of the Diwan of  the Sunni Endowment Abdul Latif Alhmam to the Prime Minister’s Office, that provides  to the seizure of Mehdi al-Sumaidaie on a mosque of Umm al-Tibul in 2013 which officially under the Land Registry office which  belongs to  the Sunni Endowment, where Sumaidaie entered the mosque  as a prayer   with his protection guards , where  he leads the worshipers and prevent the imam of the Imamate, and after the prayer, he did not withdraw, and seized the mosque and residential  buildings in it and numbered  were 148 apartments, and  the document  showed that there is a lawsuit against the Mehdi al-Sumaidaie, who is not associated of any functional relationship with the Diwan   and the lawsuit include the evacuation of apartments and mosque.

The Diwan  proposed to instruct the Baghdad Operations Command to evacuate the mosque of al-Sumaidaie and handed over to the Sunni Endowment,  since the Sumaidaie  does not have an official status or appointment   that he  is just the secondary Graduate, noting that the contact of Sumaidei to the Shiite Endowment is  the beginning to create a crisis by Sumaidaie, although the Sunni Endowment  has  good, friendly and brotherly relationship with the Shiite Waqf in more things, and what was done by  Sumaidaie does not serve the public interest, especially in this difficult circumstance, the Sunni Endowment, which is always trying to  reunification and the unification of the word, and attitude.

The Sunni Endowment pointed out  to the reluctance of many worshipers about praying in the mosque, because of the bad  treatment of the protection gurds of  Sumaidaie  with worshipers, which confirms that a few years ago he had an armed group in the mosque operate outside the law, and was known for stringent, particularly against brothers , Shiites, whom he described  by rawafedh , and he changed name of the mosque  to the name of  Ibn Taymiyyah  but the Sunni Waqf worked hard to lift the plate  and brought back  the original name of the mosque.

Sumaidaie has nothing to do with  the Sunni Endowment,  but he used his influence and has rented  apartments and received amounts to his interest, claiming  that he is backed  by a political party , noting that he was not sutisfied only with  the mosque but he started to  intervene in   the management of the directorate of Awqaf of the Karkh  in  small and large affairs ,and most often his protection guards are exceeding to the staff and preventing them from the entry to the directorate  of karkh  and also they are exceeding to those who refused to obey them in things out of the law  , and actually  they committed a hostile act  against the director of administration of the  mosque Bara Ibrahim Hussein, and a lawsuit against Sumaidaie was made, to evacuate the mosque and apartments being has no  official status  to his job in the  Diwan.

= In a document directed from the At the  Diwan  of the Sunni Endowment  signed by Dr. Abdul Latif Alhmam to the General Secretariat of the Council of Ministers on the subject of a mosque of Umm al-Tibul, No. A / 941 / 19. 8.2015  in which he stated that  the mosque Umm al-Tibul is  charity endowment , accompanied by pictures of its  private  mortgage  registration.

The reply came  in a secret book issued by the Secretary General of the Council of Ministers Mahdi Mohsen al-alaq and carries his signature, and number 1/50/42/268 in September / 2015, stressing that after seeing the previous book,  the mosque Umm al-Tipul is a charitable right alienable Waqf  , and falls within the jurisdiction of the Sunni Endowment  according to the provisions of Article (2) of the Sunni Waqf Act, No. 56 of 2012. </ p>

=  another document issued by the Supreme Judicial Council / Department of the Federal Discrimination demanded the Sumaidaie to evacuate  the property (No. 8/437 m1 ) which belongs to the Municipality of Baghdad, and handed over  all its buildings  empty, and pay a compensation for the amount of the annual benefit estimated of one billion Iraqi dinars, and  a court issued  a judgment in the presence of the parties  on 13/09/2015 number 1545/2015 on 13/09/2015 to evacuate  the property and the obligation to give the amounts mentioned. </ p>

=  the document numbered 2173 / 10.24.2016   directed from the head of the Sunni Waqf / Abdul Latif Alhmam to Prime Minister Nuri al-Maliki, stating that when he officially took over the presidency of the Sunni Endowment Abdul  latif Alhmam on 06.24.2015, there were lawsuits directed against  the  exceeding of Sumaidaie  his seizing  of 148 apartments and belongings , but Alhmam stopped the proceedings, legal procedures against Sumaidaie in respect for the turban worn by him  and went to him personally to the mosque Umm al-Tibul and after a long discussion about the seizing of the mosque and apartments attached,  and it was agreed to be delivered, except for two buildings to be put under the disposal of Sumaidaie, and not Housing  of anyone  just after obtaining the approval of the National security to protect  his security, but Sumaidaie  did not implement  the deal, so the head of the Sunni Waqf  forced to resort to legal department, to take action.

Alhmam was surprised  with a  book includes a request directed  from Sumaidei to the Shiite Endowment   for the  annexation of the mosque to the Diwan of  Shiite Endowment, a problem would   almost  plague   the country , if it was leaked to the media, and  Alhmam made great effort in maintaining the confidentiality of the book.

The document included the  Overture of  Alhmam to Prime Minister and present the problem in all its details, and the reply came crucial that the mosque of  Umm al-Tibul & its annexes are   a charitable alienable  waqf under the administration of the Sunni Waqf , after this book , alhamaim was surprised  with  a lawsuit from the Shiite Endowment demanded the annexation of a mosque of Umm al-Tibul to it, at the request  of Sumaidaie, making the Sunni Endowment provides legal rebut before the competent court, which decided  the issue in favor  of the Sunni Endowment.

And all documents confirm that al-Sumaidaie has no functional link, or official linking to the Sunni Waqf Diwan.

The document said that the Sunni Endowment is the one which pays all expenses for repair and maintenance and the salaries of the staff and everything related to the Mosque of Umm al-Tuubul  from  the Sunni Waqf budget, asserting that the Diwan pays to Sumaida more than 10 million dinars per month as  a petty expenses  for the mosque, and 20,000 liters of kerosene per month, and the need of the real electric generator  does not exceed 10 000 liters, and  Sumaidei recieves of apartment dwellers 500,000 dinars  as a  rent per apartment, and 100,000 electricity fees, and this means that the total monthly amount is 88 million and 800,000 Iraqi dinars, note that most of those who dwell are Diwan staff.

= the Fedral Appeal court of  Baghdad / Karkh decided   as the original  first commission   on 28/8/2016 to consider Mahdi Ahmed Saleh al-Sumaidaie a extorter of  Property No. 8/437 M / 1  and it was built on it  a mosque of Umm al-Tibul with the residential  complex so it is required to hand it over free of occupants .

Al- “Alhmam  stressed  that he has confirmative information about  the sale of a part of the apartments with a huge  amounts .” This is an aggression  on the sanctity of houses of God and the right of orphans and the needy and the  betrayal of the responsibility of maintaining of the citizens recommended by all the heavenly books and the greatest Prophet , these  documents attached  with bills of  spending, confirms the fact of corruption  of Sumaidaie and the role of the fair  judiciary  in  the  accountability of those who are not  fiduciary for public money to establish justice in the society.

Shatha khalil

Translated by : Mudhaffar al-Kusairi

Rawabet Center for  Research and Strategic Studies