Exploring Perspectives and Challenges in Religious Property Administration

In: Comparative studies of South Asia, Africa and the Middle East, Volume 45, Issue 1, p. 167-179

Abstract

Abstract
This article examines the issue of property administration within the Orthodox Patriarchate of Jerusalem from the late Ottoman period to the present, focusing on the acquisition and management of extensive land estates known as vakf that hold immense significance, especially given the ongoing land dispute between Israel and the Palestinians. In this context, the article provides a concise historical overview of the development of the church's immovable property portfolio and discusses the question of who should be its administrator and under which conditions the state authorities should be involved. To this end, it analyzes the charter of the patriarchate, established as law 27/1958 by the Kingdom of Jordan, highlighting its advantages as well as its implementation in practice. It argues that the legal status of Jerusalem is intricately linked to this matter, as the Israeli judiciary recognizes only the patriarch's authority in validating contracts, marginalizing the laity and the Brotherhood of the Holy Sepulchre. By shedding light on these challenges and the complex dynamics at play, the article provides insights into the current state of property administration within the Orthodox Church of Jerusalem and highlights the need for addressing these issues in the future.