Bismillahir-Rahmanir-Rahim.

COLONIAL INTERVENTION & TRANSFORMATION OF MUSLIM WAQF SETTLEMENTS IN URBAN PENANG: CASE STUDY OF CAPITAN KLING MOSQUE WAQF & ACHEEN STREET MOSQUE WAQF Khoo Salma Nasution Penang Heritage Trust

ABSTRACT1 In 19th century Penang, the leaders of various migrant uslim communities endo!ed waqf lands e"#ecting their management to $e continued $y their descendents or close %in& Ho!ever, the a$sence of a uslim government in colonial ur$an settlements as !ell as contradictions $et!een Islamic la! on !a'f and British la! resulted in many legal dis#utes $et!een trustees& At the end of the 19th century, the unici#al authorities considered ta%ing over awqaf (#lural of waqf) !hich !ere regarded as fostering slum conditions in the midst of a #ros#ering settlement& In 19)*, the government a##ointed a commission of en'uiry and this resulted in the #assing of +rdinance ,o& -.II of 19)/, under !hich !as constituted a cor#oration called the ahomedan and Hindu 0ndo!ments Board, in !hich !as vested the #ro#erty of a num$er of the larger religious trusts& 1ith the agreement of certain o#inion leaders in the uslim community, the British intervened in !hat !ere essentially religious affairs 2 the management of uslim charity lands&

I,TR+34CTI+, T+ 1A56 In Islamic la!, the institution of !a'f or charita$le endo!ment allo!s a #erson to dedicate his or her #ro#erty to 7od for the $enefit of the #u$lic good& A !a'f #ro#erty is dedicated to Allah s.w.t. for all time and is used for a $eneficial #ur#ose s#ecified $y the dedicator& The charita$le gift $ecomes #u$lic #ro#erty
1

1or% in #rogress 2 #lease do not 'uote !ithout #ermission& This #a#er is a #reliminary out#ut of a larger !or% in #rogress, a $oo% on the 8a#itan 8ling os'ue and the Indian uslim Community in Penang& Second International alaysian Studies Conference 9:; August 1999, Institute of Postgraduate Studies < Research, 4niversity of 1 alaya

that cannot $e given a!ay, sold, mortgaged, inherited or other!ise dis#osed of& 1hen all other #ur#oses fail, the relief of the #oor is the ultimate #ur#ose of every !a'f& 9 The follo!ing #assage $y the uslim traveller I$nu Battutah is often 'uoted in order to illustrate the !ay !a'f is su##osed to function& I$nu Battutah visited 3amascus in =9> A&H&, and o$served the #ractices of !a'f there? @The variety and e"#enditure of religious endo!ment at 3amascus are $eyond com#utation& There are endo!ments in aid of #ersons !ho cannot underta%e the #ilgrimage to a%%ah, out of !hich are #aid the e"#enses of those !ho go in their stead& There are other endo!ments for su##lying !edding gifts to girls !hose families are una$le to #rovide them and others for the freeing of #risoners& There are endo!ments for travellers out of revenues of !hich they are given good clothing, and the e"#enses of conveyance to their countries& Then, there are endo!ments for the im#rovement and #aving of the streets, as all the lanes in 3amascus have #avements either side, on !hich the foot #assengers !al%, !hile those !ho ride use the road!ay in the centre& Besides these there are endo!ments for other charita$le #ur#oses& +ne day I !ent along a lane in 3amascus I sa! small slave !ho had dro##ed a Chinese #orcelain dish, !hich !as $ro%en to $its& A num$er of #eo#le collected round him and one of them said to him& @7ather u# the #ieces and ta%e them to the custodian of endo!ments for utensils&A He did so, and the man !ent !ith him to the custodian, !here the slave sho!ed the $ro%en #ieces and received a sum sufficient to $uy a similar dish& This is an e"cellent institution, for the master of the slave !ould have undou$tedly $eaten him, or at least scolded him for $rea%ing the dish, and the slave !ould have $een heart$ro%en and u#set $y the accident& The $enefaction is indeed a matter of hearts : may ABBAH richly re!ard him !hose Ceal for good !or%s rose to such heights& The #eo#le of 3amascus vie !ith one another in $uilding mos'ues, religious houses, colleges and mausoleumD& Islamic Law with Special Reference To The Institution of Waqf $y ohd& Eain $in HaFi +thman, e"#lains the features inherent in !a'f& 6irstly, collective o!nershi# of the religious community is fully e"#ressed in !a'f, even in cases !here one #erson alone has the management of it& Secondly, the inaliena$ility of the $asic o$Fects of the !a'f& Thirdly, collective usage is noticed residually in !a'f, in that it has the $asic #ur#ose of #roviding for charity, schools, mos'ues, almhouses, #u$lic !ater su##lies and other

ohd& Eain $in HaFi +thman, Islamic Law with Special Reference To The Institution of Waqf, Prime inisterAs 3e#artment, 8uala Bum#ur, 19G9& This $oo% com#iles all the essential classical te"ts on !a'f and is used as the main reference for the understanding of !a'f in my #a#er& Professor Ahmad I$rahim, the then foremost authority on Islamic la! !rote a 6ore!ord to ohd& EainAs $oo%, saying that u# till then? HThere is no $oo% on the la! of !a%afs in alaysia and unfortunately the la! has $een allo!ed to develo# on the $asis of the decisions of the Privy Council from India&D Second International alaysian Studies Conference 9:; August 1999, Institute of Postgraduate Studies < Research, 4niversity of 9 alaya

esta$lishments : and not for individual usage& And fourthly, !a'f is fre'uently concentrated in Cones in !hich the institution of #rotection o#erates fully& * In the H7eneral Re#ort 4#on the oslem Trusts and 6oundations in PenangD, !hich shall $e e"amined later, !a'f !as defined as, IPro#erty in !hich the #ro#rietary right is !holly relin'uished and !hich is consecrated in such a manner to the service of 7od that it may $e to the $enefit of man&I; 1A56 C+ 4,ITI0S I, P0,A,7 Although uslims are in the maFority in alaysia, they constitute a minority in the inner city of Penang, as !ell as in many ur$an centres throughout the country& The uslim trading community around the Ca#itan 8ling os'ue and the neigh$ouring Acheen Street os'ue have survived in a commercial arena dominated $y non: uslims #artly due to the large !a'f of these t!o historic mos'ues dating to the $eginning of the 19 th century& The largest !a'f community is centred around the Ca#itan 8ling os'ue& The Indian uslim community living and trading around this mos'ue consists mainly of Tamil uslims, since the days !hen the British #ort of Penang !as first esta$lished at 7eorge To!n in 1=G>& 0ven $efore the British #eriod, Indian uslim traders !ere influential in the courts of 8edah, Acheh and else!here in the Straits of alacca& The esta$lishment of the 0ast India Com#any government in Penang created ne! o##ortunities for these traders and sho#%ee#ers as !ell as soFourning $oatmen and coolies& 6or the first hundred years or more of the British settlement, the arai%%ayars, !ho have $een descri$ed as HAra$iCed TamilsD !ere the dominant trading grou#&/ In 1G)1, Bieutenant:7overnor 7eorge Beith a##ointed a #rominent arai%%ayar named Cauder ohudeen as the Ca#itan 8ling& The system !as a$olished soon after!ard in 1G)>& It !as during BeithAs term in office that the 0ast India Com#any alienated a siCa$le #ortion of land in 7eorge To!n to the uslim community for the mos'ue and other religious #ur#oses& This land has $een regarded as uslim !a'f throughout the ages& Although the land !as endo!ed $y the 0ast India Com#any, the Ca#itan 8ling Cauder ohudeen is regarded as the founder of the mos'ue& In his !ill of 19*;, Cauder ohudeen endo!ed his o!n !a'f to H$e added to the Charity landsD $ut sti#ulated that they should remain under the management of his descendents& The second largest !a'f community is centred around the Acheen Street os'ue, also called the asFid elayu Be$uh Acheh or alay os'ue& Bocated near to the 8a#itan 8ling os'ue, the Acheen Street os'ue nevertheless had a different constituency com#rising mainly of Ara$s, alays and Sumatrans& Presuma$ly, the sermons here !ere conducted in alay !hile those in the 8a#itan 8ling os'ue !ere conducted in Tamil&
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ohd& Eain, #& / an! Boo" of the #ohame!an an! in!u $n!oments Boar!, Penang, 19*9& This #u$lication is an u#dated version of the HHindu and ohamedan 0ndo!ments Board Hand$oo%D, Penang, 19)/, !hich contains the %eneral Report &pon The #oslem Trusts 'n! (oun!ations in )enan* (@,o& 1* of 19); Straits Settlements& Pa#er to $e laid $efore the Begislative Council $y Command of His 0"cellency the +fficer Administering the 7overnmentJ& / 8hoo Salma ,asution, istorical +onte,t, in +onser-ation Stu!. of the Kapitan Kelin* #osque, %eor*e Town, )enan*, #ala.sia, #re#ared for the Chairman and Committee of the 8a#itan 8eling os'ue, $y 3anvers Architects, South Australian Heritage Consultants and Contractors SAHCC, 199>& Second International alaysian Studies Conference 9:; August 1999, Institute of Postgraduate Studies < Research, 4niversity of * alaya

The os'ue !as esta$lished in 1G)G $y Teng%u Syed Hussain Al:Idid alias Syed Sheriff Tun%u Syed Hoossein, !ho also left $ehind a su$stantial !a'f& Teng%u Syed Hussain Al: Idid !as a #o!erful Ara$ trader, hailing from the royal house of Acheh, !ho $rought his clan to British Penang in 1=99& The Ara$ and Achehnese s#ice traders formed the $ac%$one of the Acheen Street os'ue community until the 3utch con'uest of Acheh in the 1G=)s& After that, most of the Achehnese left, and their #laces !ere filled $y Ra!a $oo%:#eddlers and #rinters, andailing and inang traders& 6or the ne"t 1)) years, the economic life of this community !as de#endent on the its role as a religious centre and the #ort of em$ar%ation for the HaF #ilgrimages 2 !ith $oth functions $eing controlled $y the Ara$s& Since the %a#al HaFi !as re#laced $y the "apal ter/an*, ho!ever, Acheen Street has e"#erienced a shar# decline in the num$er of its qariah (#arishionersJ&> A#art from the t!o main mos'ues, endo!ments for other smaller mos'ues, shrines or %eramat and tom$s also contri$uted to the resources of the uslim community in inner city 7eorge To!n& 3uring the middle half of the 19th century, British colonial #o!er !as centred in Singa#ore and eventually $ecame more concerned !ith intervention into the H alay StatesD& This #eriod sa! a great influ" of ne! migrants to Penang !ho, due to lac% of a strong central authority, $ecame fragmented under numerous com#eting grou#s& The Chinese community !as s#lit into dialect and secret society grou#ings, !hile the uslim societies, nota$ly the HRed 6lagD and H1hite 6lagD societies, allied themselves !ith the Chinese grou#s& These tensions culminated in the Penang Riots of 1G>= !here the Red 6lag Society allied itself !ith the Tua Pe% 8ong Society and the 1hite 6lag !ith the 7hee Hin Society& The Penang Riots too% #lace in inner city 7eorge To!n, an ethnically diverse area in !hich each migrant grou# had its o!n guild and #lace of !orshi#& In addition to the t!o large mos'ues, a num$er of tem#les, clanhouses, shrines and other endo!ments !ere esta$lished $y the migrant communities& The oldest #art of 7eorge To!n !as a grid #lanned $y 6rancis Bight, located on the ca#e, and this had e"#anded radially in the fairly consistent ur$an form of Chinese sho#houses $uilt along streets laid at right angles to each other in #erimeter $loc%s&= The ne!er ur$an develo#ments often circumvented earlier uslim settlements, !hich had a less regular lay:out and remained as Hur$an villagesD in the heart of 7eorge To!n until the early 9)th century or even later& Among the ur$an villages visi$le in a survey ma# of 1G9* !ere 8am#ong 8a%a, 8am#ong 8olam, 8am#ong Ta%ia near the Ca#itan 8ling os'ue and 8am#ong asFid elayu, 8am#ung Tuan 7uru and 8am#ung Che Bong near the Acheen Street os'ue& 1hile some of these names are recorded in ma#s, others are %no!n only from oral tradition& 4SBI
>

BA1 I, A C+B+,IAB S0TTB0 0,T

8hoo Su ,in, The Le*ac. of Ten*"u S.e! ussain, ' #eltin* )ot of the #ala. Worl!, The 'cheen Street #osque, in )ulau )inan* #a*a0ine, .ol& 9 ,o& 9&, 199)& = This understanding of the ur$an history of 7eorge To!n is derived from the authorAs #artici#ation in the #roFect resulting in the com#ilation of erita*e Buil!in*s of )enan* Islan!, %eor*e Town, 'n In-entor. of the erita*e Buil!in*s 1 $nsem/les of %eor*e Town, )enan*, 2olume 34 The istoric +entre, aFlis Per$andaran Pulau Pinang, 199;, un#u$lished& Second International alaysian Studies Conference 9:; August 1999, Institute of Postgraduate Studies < Research, 4niversity of ; alaya

In 19th century Penang, the !a'f lands secured a #lace for the uslim community in the heart of 7eorge To!n& In #rinci#le, !a'f agents 5mutawalli) should de#loy the !a'f for the common !elfare of the family (in the case of family !a'f :: Waqf al-'hliJ or community (in the case of general !a'f or !elfare !a'f :: Waqf al-Kha.riJ& The management of these #rime #ro#erties #rovided the dedicatorsA descendants !ith #ositions of #restige or financial advantage& Ca#itan 8lingAs sons may have administered his charity lands !ith the fear of 7od in their hearts, $ut !hen it came to his grandsons, the estate !as !rec%ed $y rivalries and self: interest& Bittle of the rental !as going to!ards the original o$Fects of the trust& As the !a'f #ro#erties !ere located near the commercial to!n, the #ro#erties $ecame tremendously valua$le& The earlier $uildings had deteriorated into slums standing in star% contrast to the im#roving munici#al standards of 7eorge To!n& By the time another #rominent arai%ayyar, ahomed erican ,oordin created an endo!ment in 1G>9,G he !as #ro$a$ly a!are of the state of the !a'f lands attached to the Ca#itan 8ling os'ue and the Ca#itan 8ling #rivate !a'f& The o$Fects of ,oordinAs !a'f !ere the maintenance of a school, certain mem$ers of his family and the remainder !ould $e s#ent other o$Fects such as feasts for the #oor and the lighting of the family tom$& The !ill !as #ro$a$ly drafted !ith the hel# of an 0uro#ean la!yer, 3aniel Bogan, !ho !as named as an e"ecutor& To ensure the u#%ee# of the !a'f, ,oordin endo!ed over t!o doCen sho#houses and s#ecified that necessary e"#enses should $e deducted for the maintenance of all the #ro#erties :: Hin the first #lace re#air and %ee# in re#air all $uildings, erections, roads, drains and other !or%s !hich are and shall from time to time $e, $uilt, erected, or made on the said lands&&&D These ela$orate #rovisions saved the !a'f from falling into the hands of the 0ndo!ments Board at the turn of the century, $ut eventually the main o$Fect of the !a'f also fell to ruin& Part of the #ro$lem !as due to inconsistencies $et!een the uslim and colonial systems of Fustice and governance& In traditional uslim society, dis#utes over the right to manage !a'f land are settled $y a uslim Fudge (5adiJ, !ho !ould decide in favour of the most suita$le descendent& Traditional uslim te"ts state the #referential right of mem$ers of the founderAs family to the office of the mutawalli4 H,o stranger shall $e a##ointed a muta!alli as long as there is to $e found a descendant of the founder or a #erson $elonging to his family 6ahl /a.t al7waqif7 'ualified for the officeK !hen no 'ualified #erson can $e found among them, the muta!alli is then entrusted to a stranger, and su$se'uently if a mem$er of the founderAs family is forthcoming !ho is 'ualified for the office, it shall $e given to him&D 9 In 19th century Penang, aggrieved descendents also had recourse to a British court of la!, the latter ma%ing Fudgements that !ere sometimes at odds !ith the uslim system of Fustice& Protracted legal $attles drained the resources of a num$er of endo!ments& Although uslim legal #ositions !ere sought, the British authorities tended to give more credence to the !estern:educated or 0nglish s#ea%ing mem$ers of the family (usually La!i Pe%an of mi"ed #arentageJ !ho could give enlightened e"#lanations that a##ealed to

G 9

Hand Boo%, # 19:91 ohd& Eain, #& 1=1 Second International alaysian Studies Conference 9:; August 1999, Institute of Postgraduate Studies < Research, 4niversity of / alaya

1estern rationality !hile often dou$ting the credi$ility or reasona$leness of Tamil or alay:s#ea%ing !itnesses& In some cases, uslim la! !as even overruled $y 0nglish la! in the colonial courts& 6or e"am#le, in the case of (atimah -s. Lo*an, !hich concerned ahomed ,oordinAs !a'f, it !as held that a gift for "en!uris !as not a charita$le gift& ,oordin !illed that the residue of the rents and #rofits of his !a'f should $e e"#ended u#on an annual 1):day "en!uri arwah consisting of H8enduri and entertainments for me and in my name&&& according to the ohammedan religion or customD, an annual 1):day "en!uri maulu! for the #oor Hin the name of all the #ro#hetsD, and lighting to the e"tent of three hundred dollars, and a feast to the #oor once in every three months to the e"tent of one hundred dollars& Any sur#lus !ould go to #urchasing clothes for distri$ution to the #oor& Almost immediately after ,oordinAs death in 1G>9, the !ill !as challenged $y some of ,oordinAs $eneficiaries in a case called (atimah -s. Lo*an 53893). The Fudge 1illiam Hatchett ruled, among other things, that the Trust for the school !as a good charita$le $e'uest, $ut the gifts for 8enduri !ere not charita$le gifts, $ut Hvoid as tending to a #er#etuityD& In 19)9, another $eneficiary Tengachee ,achiar #resented a #etition to the Su#reme Court, Penang as%ing for a declaration that the residuary gift for the #urchase of clothes for distri$ution to the #oor !as void, and r& Lustice Ba! held that the gift !as void& This meant that the income of ,oordinAs !a'f, !ith the e"ce#tion of M9) meant for the school, !ould go to the ne"t of %in&1) The ruling given in (atimah -s. Lo*an !as overruled only much later in 19;=, $y the Court of A##eal in the case of the $state of a:i ;ain* Tahira.33 C+ ISSI+, +6 0,54IRN In 1G9), the colonial government set u# a commission to loo% into the management of !a'f #ro#erties !hich !ere su$Fect to cases lodged in the Su#reme Court& The distressed a!'af around the Ca#itan 8ling os'ue !as already valued at M9/),))) at the time& The colonial secretary 1&0& a"!ell, !ho !as !ell ac'uainted !ith Penang, !as a##ointed for the tas%, $ut he had to leave the colony $efore ma%ing a re#ort& After that, matters !ent Hfrom $ad to !orseD& In 1G99, the Resident Councillor again loo%ed into the matter $ut !as una$le to resolve the #ro$lem&19 Civil suits !ere #ending on a num$er of other uslim endo!ment lands, #rom#ting the government to a##oint in 19)* a Commission of 0n'uiry headed $y L& Bromhead: atthe!s, one of the founders of the legal firm of essrs& Presgrave and atthe!s& Thus the Commission investigated the cases of alleged mismanagement of !a'f estates, !hich they considered, Ia scandal to all good ohamedans, a #ossi$le menace to #u$lic #eace and a discredit to the administration of the Straits SettlementsI& As the mos'ues %e#t no #ro#er records of their o!n, nor #ro#er accounts, so the CommissionersO gathered a num$er of de#ositions regarding the history, custodianshi# and status of various !a'fs& The Commission ta$led a H7eneral re#ort u#on the oslem Trusts and 6oundations in PenangI in 19); to the Straits Settlements Begislative Council& 1*

1) 11

Hand Boo%, #&*G (19;GJ &B&L& >9, Ahmad I$rahim, Towar!s a istor. of Law in #ala.sia an! Sin*apore, #& /9& 19 C&+& 9=*, 999P19/1> 1; A ); =* 1* Hand Boo%& Second International alaysian Studies Conference 9:; August 1999, Institute of Postgraduate Studies < Research, 4niversity of > alaya

A#art from the legal dis#utes, another reason for state intervention !as the #u$lic #erce#tion that HThere is a large 'uantity of so:called @charityA lands in the to!n of Penang !hich can easily $e distinguished $y the #oor class of houses !hich occu#y them& These houses are in most cases, a disgrace to the to!n&D +f greatest #riority !as the case of the Ca#itan 8ling os'ue endo!ment, as it !as not only the largest single uslim endo!ment in to!n, measuring almost 1G acres, $ut it !as also situated on Ivery valua$leI land, estimated at M1 a s'uare foot& The Commissioners e"#ressed the general concern Ithat the e"isting state of affairs is a grave o$stacle to the #rogress of the Settlement generally and es#ecially (from a unici#al #oint of vie!J to the im#rovement of the to!n&I The s'uatter houses #ro$a$ly allo!ed many #oor immigrants to live in a central location near Fo$s and other economic o##ortunities& But the interests of the #oor !ere considered less im#ortant than the un$eara$le Hdisgrace to the to!nD& Buildings encroached u#on the cemetery and the immediate com#ound of the mos'ue& Part of Carnarvon Street !as a dum#site %no!n to the alays as HLalan Sam#ahD (Ru$$ish RoadJ, !hile Ilittle houses mi"ed u# !ith the $urial groundI at the #resent Buc%ingham Street and Claimant Place gave rise to the maca$re #lace:name H4tan ayetD (6orest of Cor#sesJ& The Sanitary Revolution of 19 th century 0ngland had arrived in Penang, em$odied in the unici#al +rdinance of 1GG= and su$se'uent conservancy regulations& The unici#al government felt com#elled to act& In the CommissionersA vie!s, uslims and non: uslim ali%e e"#loited their tenancy on mos'ue lands $y renting out their s'uatter houses for #rofit and #aying only a small ground rent to the mos'ue& Although the land could not $e transacted, the houses $uilt u#on them !ere Ifreely $ought and sold as chattelsI& The unici#al President com#lained that the authorities had Ino controlI over any develo#ment on !a'f land and #ostulated that, I1ere titles granted for the land, I am certain that a much $etter class of house !ould $e $uilt, !hich, of course, !ould mean greater unici#al revenue&I 1; The Commission of 0n'uiry re#orted that $y the turn of the century, almost half the lands com#rised in the Ca#itan 8ling os'ue grant had Iceased to $e recognised as #arts of the Trust or Charity 0state&I Some of this !a'f land had in fact $een a##ro#riated $y the colonial government to #rovide munici#al amenities& In the 1G=)s, Carnarvon Street and Buc%ingham Street !ere laid out over !a'f #ro#erty& According to the unici#al President, IThe mos'ue authorities gave the land for the streets, and as qui! pro quo, !ere to have free !ater for the Ca#itan 8ling os'ue, for the os'ue onlyI& 1/ The government a##ro#riated the sites of the Carnarvon Street Police Station and a vernacular School at 1; Claimant Place& In 1G99, another #ortion !as ac'uired $y the unici#al Commissioners for the Carnarvon Street ar%et1> for the sum of M9),9G9 and out of these #roceeds the os'ue estate #urchased five acres of land in Pera% Road, costing M9,/)) for $urial ground& In so doing, the unici#al authorities had forced the uslim community to move the cemetery out to the edge of to!n #artly for sanitary #ur#oses and #artly $ecause an inner city cemetery !as $y that time deemed an ina##ro#riate use of #rime land in the city centre&
1; 1/

Hand Boo%, #& *)& Hand Boo%, #& *)& 1> ,o! called the Cam#$ell Street

ar%et = alaya

Second International alaysian Studies Conference 9:; August 1999, Institute of Postgraduate Studies < Research, 4niversity of

At the time of the en'uiry, the Ca#itan 8ling os'ue had no current trustees& Instead, the rents !ere $eing collected $y the Sheriff of Penang, HafiC 7hulam Sar!ar, !ho had $een a##ointed Receiver $y court order only a year $efore& HafiC 7hulam Sar!ar, an Indian: $orn scholar and hafiC (someone !ho has memoriCed the 5uranJ, !as the one of the first non:0uro#eans to $e admitted into the alayan Civil Service& As a highly:educated PunFa$i fluent in 4rdu and Ara$ic, ho!ever, he came from a stri%ingly different $ac%ground from the maFority of the uslims !ho !orshi##ed at the Ca#itan 8ling os'ue, !ho !ould have $een more conversant in Tamil and alay& 1= HafiC 7hulam Sar!ar estimated that the total rentals collected on the #ro#erty amounted to M*/,))) annually& The !a'f !as only receiving M9,G)), and half of that sum !ould $e sufficient to u#%ee# the mos'ue& His o#inion !as that, Iaccording to ohammedan custom and la!, the !hole of the #rofits accruing from 1a%off land and houses should $e devoted to the original o$Fect of the gift, and no individual should ma%e a #rofit out of it&I In case of sur#lus income for the !a'f, it !as his o#inion that Ha school, in !hich the 8oran or other ohammedan religious !or% !as taught, !ould $e a #ro#er o$Fect of this Trust&I1G 6ormer Su#erintendent of the Ca#itan 8ling os'ue, H& & 5uassim, gave his vie! that those !ho $uilt houses on !a'f land must 'uit u#on $eing given notice, !ithout any claim to com#ensation, I$ut they can remove their houses, most of them are !ooden&I 19 HadFee A$dullah Imam, !ho had served as Imam of the Ca#itan 8eling os'ue for almost *) years, condemned those !ho !ere e"#loiting the !a'f for their o!n ends& IThe #ro#erty of the os'ue is $eing eaten u#& Ta%e it from them $y force& I have no authority to for$id them from entering the os'ue&I9) Several of the uslim s#o%esmen, !hen ma%ing their de#ositions, gave their o#inion that 0uro#ean trustees should $e a##ointed& The Commission #ro#osed the setting u# of Ha standing committee of ohammedan gentlemenI as !ell as an authority !hose duty should $e to %ee# a register of all ohammedan endo!ments, names of trustees or managers, and to manage the accounts of the !a'f& The legislative assem$ly must have de$ated the nature in !hich this authority should $e constituted and decided to follo! a #recedent formed else!here in the British em#ire& The @3elegates of 0!%afA formed in Cy#ress consisted of a $oard of t!o #ersons : one senior officer of the civil service and one re#resentative of the ohammedans& Com#aring this situation !ith a similar case in British Ceylon, it !as Fustified that, HThe case for interference is stronger than in the Buddhist tem#oralities in Ceylon $ecause the Ca#itan 8ling os'ue #ro#erty at any rate is the result of a grant $y the British government&D 91 This arguement no dou$t referred to the sti#ulation in the grant that land I!hich having $een originally given for religious #ur#oses is not to $e sold or transferred $ut to revert to
1=

HafiC 7hulam Sar!ar !as $orn in India and o$tained his A in 1G9; at PunFa$ 4niversity& He o$tained his B&A& at Cam$ridge, studying as an Indian 7ilchrist Scholar (1G9;:1G9=J and Im#erial Institute odern Banguages Scholar (Ara$icJ from 1G9>:19)) $y !hich time he had already $een a##ointed to the alayan Civil Service, serving initially in Penang& 1G Hand Boo%, #& 99& 19 Hand Boo%, #& 9=& 9) Hand Boo%, #& *1& 91 C&+& 9=*, 999P19/1> 1; A ); =* Second International alaysian Studies Conference 9:; August 1999, Institute of Postgraduate Studies < Research, 4niversity of G alaya

the Honoura$le Com#any should it cease to $e used for the #ur#oses intended&I Indeed, the 0ast India Com#any could $e considered the the endo!er of Ca#itan 8ling !a'f, for the right to create !a'f is not confined to uslims& Ho!ever, once created, the !a'f is irrevoca$le under Islamic la! and any #rovision to revo%e it $ecomes automatically invalid&99 The draft $ill for the ne! ordinance, H6or the $etter Administration of ohammedan and Hindu Religious and Charita$le 0ndo!mentsD, !as de$ated in the Straits Settlements Begislative Council and #u$lished several times in the 7overnment 7aCette for comments and amendments& The final draft of the $ill !as gaCetted in the Straits Settlements 7overnment 7aCette of G Se#tem$er, 19)/, having $een #reviously a##roved at the #revious sitting of the Begislative Council chaired $y the 7overnor, Sir Lohn Anderson& 9* A#art from the uslim endo!ments, the management of some Hindu endo!ments had also come under investigation, so HThe ohammedan and Hindu 0ndo!ments +rdinance 19)/D !as a##lied to Hany endo!ment in land or money heretofore given or hereafter to $e given for the su##ort of any ohammedan os'ue or Hindu Tem#le or ohammedan or Hindu Shrine or School or other ohammedan or Hindu #ious religious charita$le or $eneficial #ur#ose&D The $ul% of the affected endo!ments originated from the Indian community&9; The +rdinance allo!ed the 7overnor of the Straits Settlements to a##oint a Board in each Settlement consisting of three or more Commissioners, one of !hom at least shall $e an +fficer of the 7overnment, for the administration, management and su#erintendence of endo!ments&9/ The Attorney:7eneral 1&R& Collyer, a##arently 'uite satisfied !ith the e"#edience of the #rovisions, !rote that, HThe Bill !as drafted, mutatis mutan!is, very much on the lines of the Acts regulating the Charity Commissioners in 0ngland& It contained in an a$ridged form many of the #rovisions of the Charita$le Trust Acts 1G/*, 1G// and 1G>)D& 9> The o$Fective of the colonial government !as to !ield control over the valua$le #ro#erties !ithout greatly u#setting their uslim su$Fects& 6or the first time in the history of the Straits Settlements, a num$er of !a'f lands !ould $e centrally managed $y a government:a##ointed HBoardD, instead of $y various agents descended from or related to the res#ective testators& The +rdinance !as introduced through the Straits Settlements legislative #rocess $ut might never have $een a##roved $y uslim Furists& In Islamic la!, HThe muta!alli of a !a'f is in a less #o!erful #osition than a trustee in the technical sense as understood in the 0nglish system& The #ro#erty is in no sense vested in him& He is merely an agent, !ho is $ound to carry out the institutions laid do!n in the !a'f instrument, and !ho has to refer all discretionary matters to the 'adi !ho al!ays retains general su#ervisory #o!ers over the muta!alli&&& It is commonly held that one of the most im#ortant differences is that under 0nglish la!, the Hlegal estateD is
99 9*

ohd& Eain, #& /1& Straits Settlements 7overnment 7aCette, G Se#tem$er 19)/& +rdinance ,o& -.II of 19)/& 9; +rdinance ,o -.II of 19)/, clause 9& It !as further clarified that HHinduD includes Si%h and any $ranch or variety of religion #rofessed $y natives of India e"ce#t the Christian Buddhist and ohammedan&D 9/ +rdinance ,o -.II of 19)/, clause *& 9> C&+& 9=*, *1)P*=>>) 9G S0 )/ ;1= Second International alaysian Studies Conference 9:; August 1999, Institute of Postgraduate Studies < Research, 4niversity of 9 alaya

vested in the trustee and he is conse'uently the Ho!nerD of the trust, !hereas the mutta!alli is not considered to $e o!ner of the !a'f&D 9= In 19)>, the 7overnor a##ointed r& H&H& Hudson, Solicitor:7eneral, r& 6&L& Halifa", the Acting Councillor of Band Revenue and a third #erson !ho !as non:official, r& R&Noung, to the 0ndo!ments Board for Penang& It a##ears that r& Noung !as familiar !ith uslims affairs and !as thought fit to re#resent the uslims& 9G The 19)/ +rdinance em#o!ered the $oard to grant leases for the letting of any #art of the lands on occu#ation, agricultural, $uilding, re#airing, im#roving, mining, 'uarrying, or cutting of tim$er& The Board !as also em#o!ered to underta%e im#rovement and u#grading !or%s, such as forming any ne! road or streetK ma%ing rene!al or im#rovement of any drains or se!ersK the erection of ne! $uildingsK the re#air, alteration, e"tension, re$uilding or removal of any e"isting $uilding, and ma%ing of any im#rovements or alterations in the state or condition of the lands of such endo!ment& 6inally, the $oard also granted the Board the right, 'uestiona$le under Islamic la!, to e"ecute the Hsale or e"change of any lands $elonging to such endo!mentD& A 3IS7R4,TB03 T0,A,T After assuming control of the !a'f lands, the 0ndo!ments Board itself had to deal !ith affected #arties, and not all cases !ere successfully handled& +n occasion, the 0ndo!ments Board itself !as ta%en to court, although the litigants had little chance of success against the #o!erful authority& 1hile many of the cases of inFustice may have $een s!e#t a!ay !ith the dust of history, one #ersevering com#lainant too% the case u# to the Su#reme Court and even #etitioned the Secretary of State for the Colonies& A certain ahomed Nussof, !ho resided ne"t to the Ca#itan 8ling os'ue as a ground tenant of the mos'ue !a'f sent a #etition dated = th Lanuary 1911 claiming that he had $een victimised $y the ohammedan and Hindu 0ndo!ments Board and $egged the Secretary of State to consider 99? HThat your memorialist though reduced to a state of #overty and misery at #resent, yet lays claim to an ancestry rather !ell:to:do, res#ecta$le, loyal and a$ove all British:$ornQ& HThat your memorialist counts many a H%ith and %inD among those that advocated and cham#ioned the cause of reform in the matter of ahomedan ecclesiastical estate in conse'uence of several $are:faced scandalous a$uses and disorders that had cre#t into it for reasons and motives so clear as daylight that it re'uires no delineation u#on& Suffice it to say that the very vitality of the said ecclesiastical estate had $een victimised $y the so: called #atriotic ahomedan trustees a##ointed among themselves& Then came in a reaction !hich, than% 7od, resulted in #lacing the same under the e'uita$le and far: sighted su#ervision of the British 7overnment&D The memorialist o!ned a d!elling at ,o& 1* Buc%ingham, !hich had cost him several hundred dollars to $uild and for !hich he !as #aying one dollar a month for @land assessmentA or ground rent& In the year 19)=, r& 1& Peel, as secretary to the 0ndo!ments Board, raised the said assessment from one dollar to M9; #er mensem&
9= 9G

ohd& Eain, #& 1>= C&+& 9=*, *1=P=>); G 60 )> ;; 99 C&+& 9=*, *=)P1G9)/ 1= A 1911 9); Second International alaysian Studies Conference 9:; August 1999, Institute of Postgraduate Studies < Research, 4niversity of 1) alaya

The indignant ground tenant ahomed Nusoff sued the 0ndo!ments Board, and managed to o$tain a ruling $y Lustice Braddel of the Su#reme Court that the assessment should only have $een dou$led and not raised to such an e"or$itant sum& Though !ithin his means at the time, ahomed Nusoff !as una$le to settle his arrears immediately, o!ing to H#ecuniary em$arrassmentD& This delay Hafforded r& Peel am#le sco#e to $ring fresh actions against your memorialist and encroach u#on his d!elling $y an e,-parte FudgementK your memorialist failing to cause his a##earance at court on the day of trial in conse'uence of some #romise of com#romise held out $y r& Peel&D ahomed Nusuff failed to understand Hu#on !hat #rinci#les of Fustice and e'uity, the assessment could have $een raised to such a considera$le #ro#ortion on the face of such an e"#ress decision of the Court and he, your memorialist, the actual o!ner of the house could have $een driven out of it in a state of !ild des#air&D Then, Ha$solutely #lunged in #overty and misery and conse'uently #ressed on all sides $y creditors, and es#ecially $y the ahomedan 0ndo!ment Board for #ayment of rent in arrears,D ahomed Nusuff a##ealed to r& PeelAs successor, r& Cavenrish, !ho !as Hfully alive to the grievancesD& This officer #romised to mend matters as soon as the arrears had $een settled, $ut unfortunately he !as transferred a!ay $efore anything could $e done& Cavenrish !as then succeeded $y arriot !ho refused to hel# ahomed Nusoff H$eing a##arently alien to the 'uestionD& In conclusion, ahomed Nusoff #ut for!ard his vie! that Hthe Board has only to su#ervise the ahomedan ecclesiastical estate, and collect Fust and reasona$le assessment therefrom,D $ut instead had fi"ed the rent at M9; in direct violation of the order of the Su#reme Court, and evicted the o!ner of the d!elling !ithout #aying him its cost& He also 'uestioned ho! far the 7overnor, instead of using his #o!ers to commute the order of the Su#reme Court, !as HFustified in conniving at such transgression of the BoardD, $y failing to interfere !ith the BoardAs action& It may have $een due to this #etition, or some other case, that in 1911, an ordinance !as #assed to amend the ohamedan and Hindu 0ndo!ments +rdinance 19)/ to rectify an oversight a$out the right to administer the #ro#erty& *) SCH++B The uslim community organised the setting u# of an Ara$ic school !hich !as #art of the adrasathul Hania of the Ca#itan 8ling os'ue& The teacher at the ne! school !as #aid $y the 0ndo!ments Board& +n 1 Luly 191*, the )inan* %a0ette re#orted the o#ening ceremony of the Ara$ic School, !hich !as hailed as the first Ara$ic School in Penang, !ith an enrolment of a$out /) students& Present at the o#ening !ere chief figures of the uslim community, mainly Indian uslims and Ara$s and Indian uslims, including the HChief PriestD of the uslim society, a mem$er of the managing committee of the 0ndo!ments Board, and the President of the Prana%an Clu$& HAfter #rayers had $een offered, dinner !as served&D The 0uro#ean mem$ers of the 0ndo!ment Board !ho dro##ed in !ere essrs& 1& Peel, President of the unici#ality, H&C& Sells, Secretary, 0ndo!ments Board, H&A& ,eu$ronner, Siamese Consul:7eneral and Committee em$er of the 0ndo!ments Board&

*)

C&+& 9=*, *=)P1G9) / 1=

N 11 9); (chec%J 11 alaya

Second International alaysian Studies Conference 9:; August 1999, Institute of Postgraduate Studies < Research, 4niversity of

It !as ho#ed that the Ara$ic school !ould Hgreatly $enefit the uslim youths, to !hom the teaching of Ara$ic is indis#ensa$le in order to intelligently understand the 8oran&D *1 The school must have flourished, for an education re#ort of 191/ says that the @ adrassah HaniahA !as to $e re$uilt to accommodate a$out /)) students& A#art from these t!o mentions, nothing further is %no!n a$out the school&*9 Political events over the ne"t t!o decades #ersuaded the colonial authorities to further consolidate their influence over the local uslim community& The Bal%an 1ars, in !hich the British declared neutrality, hel#ed to stimulate e"#ressions of loyalty $y uslims all over the !orld to the +ttoman em#ire& 6or e"am#le, in 1919, funds !ere raised $y the uslims of Penang for the +ttoman em#ire, for @those !ho had shed $lood for the cause of IslamA& 3uring the 1orld 1ar +ne, Tur%eyAs #osition as 7ermanyAs ally affected uslim attitudes to!ards the British, mar%ed $y an insurrection of Indian se#oys in the / th Bight Infantry in Singa#ore in 191/& The colonial government reacted 'uic%ly $y esta$lishing a ohammedan Advisory Board as an Hemergency measureD& A similar $oard !as set u# in Penang a$out a year later and, li%e the Singa#ore committee, it !as chaired $y a British officer from the alayan Civil Service& ,01 +S540 ARCHIT0CT4R0 As one of the first #roFects, the 0ndo!ments Board commissioned an 0uro#ean architect to underta%e the enlargement of the Ca#itan 8ling& +ld #ostcards sho! the @8ling os'ueA $uilt in 1G)1 as a sort of vernacular mos'ue constructed $y $uilders from India, a rectangular $ric% $uilding !ith a hi##ed roof, !ith slender domed minarets at each corner& Records on the re$uilding of the Ca#itan 8ling os'ue have not $een found, $ut it is $elieved that it !as com#leted Fust $efore the $uilding of the minaret in 191>& The mar$le sla$ on the minaret is inscri$ed !ith the follo!ing !ords? HThis inaret !as erected $y the 0ndo!ments Board from the funds of the Ca#itan 8ling os'ue& 1& Peel President, H&C& Sells Secretary& The foundation stone !as laid $y HaFi A$dullah Imam& Committee of anagement, Shai% Ismail, HaFi Nahya 8hati$& ,&A& ,eu$ronner 6&R&I&B&A& Architect& 1*th Ra$i:al:A%hir A& & 1**;& 1Gth 6e$ruary 191>&D The #rominent minaret enhanced the vistas along the surrounding streets& In order to erect the minaret, the houses !hich !ere $uilt very closely around the mos'ue had to $e cleared& This allo!ed the mos'ue to $e enlarged and also to $e clearly vie!ed from Pitt Street and Buc%ingham Street& The ne! mos'ue had a highly decorative roof featuring several large $ul$ous domes surrounded $y smaller domes and minarets& A ne! mihra$ !as added to the !estern !all of the mos'ue, at a slightly s%e!ed angle !hich demonstrated the su#eriority of ne!er measuring instruments in determining the #recise direction of the 'i$lat& In 199G, a #lan !as dra!n for a oghul garden !ith Hflo!er gardensD and radiating foot#aths& Im#rovements !ere also made to the a$lution areas !ith modern #lum$ing and reinforced concrete coverings& This #roFect !as one in a series of #roFects !here the very image of the mos'ue in this #art of the !orld !as remade into architectural e"#ressions of em#ire& The mos'ues, #alaces
*1 *9

Pinang 7aCette, Luly ;, 191*, oshe Negar, Islam and Islamic Institutions in British alaya? Policies and Im#lementation, The agnes Press, The He$re! 4niversity, Lerusalem 19=9, #& 9*G, Helen 6uFimoto, The South Indian uslim Community and the 0volution of the La!i Perana%an in Penang u# to 19;G, IBCAA To%yo 7ai%o%ugo 3aiga%u, 19GG, #& 9*& Second International alaysian Studies Conference 9:; August 1999, Institute of Postgraduate Studies < Research, 4niversity of 19 alaya

and mausoleums of the oghul #eriod (1>th:19th centuryJ !ere the ins#iration for the oghul:revival architecture designed to a!e uslim su$Fects throughout the British em#ire& HThrough the aus#ices of the colonial authorities and community leaders, mos'ues and #alaces !ere designed using styles variously referred to as ughal or Indo:Saracenic& any of the $uildings !ere ins#ired $y contem#orary construction #rogrammes of the British RaF and the !ealthy #rinces in India&D This style, Hfeaturing $ul$ous domes clustered a$out !ith tall minaretsD s#read from Aceh to the southern Phili##ines& Perha#s the oldest domed mos'ues in alaysia and Indonesia !as the asFid Baiturrachman, $uilt $y the 3utch in Aceh from 1G=9 to G1& It re#laced the vernacular mos'ue earlier destroyed $y colonial forces attac%ing Bandar Aceh& @Although the ne! asFid Baiturrachman !as for many years considered $y the religious leaders to $e alien and ina##ro#riate for regular use, during the t!entieth century it has $een e"tended !ith the addition of four more domes and t!o minarets&A 1ith time, its colonial connotations faded into the $ac%ground, and every uslim city !anted a mos'ue Fust li%e the one in Aceh&** In alaya, the introduction of Indo:Saracenic architecture $egan !ith the Sultan A$dul Samad $uildings (architects ,orman and Bid!ell, com#leted 1G9=J, 8uala Bum#ur Rail!ay Station (A&B& Hu$$ac%, 1911J and other #u$lic $uildings in the centre of 8uala Bum#ur& In the 191)s, maFor mos'ues !ere designed $y 0uro#ean architects em#loyed $y the government& The oghul:style Eahir os'ue in 8edah !as modelled along the lines of the mos'ue in Bang%at, Sumatra (7overnment Architect, r& C& 7& Boutcher, arch 1919:191/ and !as o#ened $y the 8edah Sultan& There, it had also re#laced a vernacular mos'ue consisting of a tim$er structure u#on a $ric% #latform& The Ca#itan 8ling os'ue !as #ro$a$ly $uilt around the same time as the Eahir os'ue, !hile construction of the asFid 4$udiah in the royal to!n of 8uala 8angsar, Pera%, designed $y A&B& Hu$$ac%, Chief Architect of the 6ederated alay States, $egan in 191* and !as com#leted in 191=& 3uring this time, #ro:8hilafat sym#athies in alaya, !hich, although not as strong here as the anti:colonial 8hilafat movements in Sumatra and India, !arranted cautious monitoring $y the colonial government& Am$itious mos'ue #roFects could $e seen as #art of the colonial governmentAs efforts to a##ease and offer alternative #atronage to $oth uslim Sultans and ordinary su$Fects& By the time of the +ttoman Cali#hate !as a$olished $y 8amal Atatur% in 199;, the maFority of the uslim su$Fects throughout the British em#ire had already acce#ted their ne! #olitical masters& S0C+,3 PHAS0 +6 R030.0B+P 0,T The second #hase of com#rehensive redevelo#ment of the !a'f settlements !as launched !ith the #u$lication of the @Hand Boo% of the ohamedan and Hindu 0ndo!ments BoardA in 19*9& The Hand Boo% H!as designed to #resent in a com#act formD the original H7eneral Re#ort 4#on the oslem Trusts and 6oundations in PenangD, !hich had long $een out of #rint, together !ith related documents referred to in the conduct of the BoardAs $usiness, including sections of the unici#al +rdinance #ertaining to @Streets, Se!ers and

**

Hugh +A,eill, Southeast 'sia, in artin 6rishman and Hasan:4ddin 8han (editorsJ The os'ue? History, Architectural 3evelo#ment < Regional 3iversity, Thames and Hudson, 199=, #& 99/& Second International alaysian Studies Conference 9:; August 1999, Institute of Postgraduate Studies < Research, 4niversity of 1* alaya

BuildingsA, @Buildings +#en S#aces and Bac% BanesA, @Insanitary PremisesA and @,uisance ,oticesA& The o#ening #aragra#h of the Hand Boo% reiterates the rationale for the esta$lishment of the Board? HIn the early days of Penang the 0ast India Com#any gave considera$le #ortions of land for the #ur#ose of the founding and maintenance of ohammedan os'ues and Indian Tem#les& Su$se'uently a num$er of similar dedications !ere made $y #rivate #ersons& 1ith the develo#ment of 7eorge To!n these areas $ecame very valua$le as $uilding sites& Ro!s of Chinese sho#s !ere $uilt and much of the land !as sold under circumstances !hich !ere often o$scure and occasionally of dou$tful validity& 6urther, a lac% of $usiness men among the managers of the endo!ments led to considera$le confusion in financial matters&D The Prefatory ,ote states that HAt the #resent time the Board controls eighteen 0ndo!ments, o!ning #ro#erty !ith a ca#ital value of a$out M9,))),))) and an annual income of a$out M=/,)))& This income is devoted to the maintenance of the #ro#erty, to the #ayment of religious officials, to charita$le and educational #ur#oses and generally to carry out the o$Fects of the various trusts&D By the early 19*)s, some redevelo#ment of !a'f #ro#erties had already ta%en #lace& Buc%ingham Street, !hich lin%s the mos'ue to the mar%et, !as !idened !hen a ro! of ne! sho#houses !ere develo#ed along it& The 0ndo!ment BoardAs ne! $uildings !ere designed $y !estern:trained architects& In 19*), Syed ohdah Aidid $in Syed Hassan (the father of 3atoA Syed urthaCar AididJ leased some land on Acheen Street from the 0ndo!ments Board and re$uilt three sho#houses at ,o G*, G> and G= Acheen Street& He commissioned the Straits Chinese architect 4ng Ban Hoe !ho designed three sho#houses in a style !hich has $een descri$ed $y latter:day architectural commentators as HStraits 0cleticD& The land !as leased for 9) years, and after that #eriod, the $uildings !ould revert to the 0ndo!ments Board&*; In 19*9, Star% < c,eill designed t!o houses !ith Art 3eco facades to $e $uilt near the entrance of the Acheen Street os'ue& In the mid:19*)s, t!o large develo#ments !ere carried out $y the 0ndo!ments Board adFacent to the Ca#itan 8ling os'ue& The first !as 1);:1)> Pitt Street, an im#ressive three:storey $loc% !ith sho#s on the ground floor and t!o storeys of a#artments a$ove& Part of this $loc%, $uilt in 19*;, stands on Buc%ingham Street and faces the southern side of the mos'ue& Possi$ly designed $y Charles iller, the architecture suggests late Arts < Crafts style, com$ining oorish and 0uro#ean elements& The second !as the H8adersah A#artmentsD at =*:*9 Pitt Street (no! Lalan asFid 8a#itan 8elingJ, also a #rominent three:storey $loc% !ith sho#s on the ground floor and t!o floors of a#artment a$ove& 6acing the front (eastern sideJ of the mos'ue, this $loc% !as #ro$a$ly also designed $y Charles iller in a slightly late style from the first one& The #erimeter !all of the Ca#itan 8ling os'ue !as also $uilt in the mid:19*)s& The earlier uslim houses, $elonging mainly to Indians or Hadhrami Ara$s, !ere mostly single or dou$le:storey detached houses, either $ric% houses on a symmetrical #lan& The style could $e descri$ed as an Anglo:Indian ada#tation of late 7eorgian style& .ariations !ere also found in the form of half:$ric% half:tim$er houses& In addition, there !ere also more alay:style tim$er houses in assymetrical #lan, or tim$er houses on $ric% #iers, #ro$a$ly $elonging to alays from 8edah, or more li%ely the La!i Pe%an of mi"ed Indian
*;

Intervie! !ith 3atoA Syed

urthaCar Idid, 199G& 1; alaya

Second International alaysian Studies Conference 9:; August 1999, Institute of Postgraduate Studies < Research, 4niversity of

and alay origins& The uslims also $uilt half:tim$er sho#houses, and some of these have $een s#ared, $ut many of the detached houses !ere demolished in favour of dou$le: storey sho#houses, !hich the unici#al authorities felt !ere the most regular and efficient ur$an form for modern 7eorge To!n& Some of the ur$an villages !ere cleared to create ne! streets and #erimeter $loc%s of sho#houses& 8am#ong 8olam, the village in !hich Ca#itan 8lingAs Tom$ is located, consisting largely of tim$er houses, !as cleared to ma%e !ay for a ne! street& 8am#ong 8a%a and 8am#ong Ta%ia !ere li%e!ise cleared for ne! streets and the adFacent houses !ere redevelo#ed in the follo!ing decades& 1hile many of the original inha$itants of the !a'f lands may have $een rehoused in $etter living conditions in sho#houses or modern a#artments, this systematic resettlement caused dislocation and eventually the decline of the uslim #o#ulation in the inner city& The ur$an village atmos#here !as lost& Some of the uslim #o#ulation may have $een #ushed out to the edge of to!n, a!ay from the centre of economic activity& 1hile some uslim traders ada#ted to the regulated sho#house:ty#e retail outlets, there !as no! less o##ortunity for informal activities& The clearing of 8am#ong Che Bong and 8am#ong Tuan 7uru along Acheen Street, !hich $y the turn of the century !ere already #o#ulated $y Ra!a migrants, caused the Ra!as to !onder if it !as deli$erate British intention to marginalise the uslims&*/ C+,CB4SI+, +ne of the earliest maFor acts of intervention $y the colonial government of the Straits Settlements into the religious affairs of its uslim su$Fects !as to form an 0ndo!ments Board to ta%e over the management of distressed !a'f lands !ith the main o$Fective of introducing munici#al im#rovements in the to!n centre& 1hile in the #ast, the unici#al Commission had a##ro#riated !a'f land for #u$lic #ur#oses such as road:$uilding, mar%et and #olice station, the 0ndo!ments Board no! #ursued a more am$itious ur$an rene!al #roFect& 6inanced $y income from the !a'f lands, the 0ndo!ments Boards #layed its role in re:inventing mos'ue architecture in the image of 0m#ire and resha#ing uslim settlements according to 1estern to!n#lanning ideals& The 0ndo!ments Board introduced a modern style of administration, unham#ered $y %inshi# and tradition, in !hich efficiency !as valued over human relationshi#s and a uslim conce#t of social Fustice& Colonial intervention in the administration of !a'f land has undermined uslim society in many !ays& 6irst of all, !ith the HnationaliCationD of !a'f #ro#erty, the re#utation of the original dedicatorsA largesse to the uslim community has fallen to o$scurity, !hile the #osition of the colonial government as the #atron of its uslim su$Fects has $een enhanced& The 0ndo!ments Board !as #erceived as the #rovider of Ara$ic schools, roads, munici#al im#rovements, !ater su##ly, social !elfare and social housing& Secondly, the 0ndo!ments Board !as in a #osition to dis#ense favour, #restige and Fo$s to #ro:British uslim su$Fects& Res#ecta$le mem$ers of the uslim community !ere coo#ted to sit on the 0ndo!ments Board, and the 0nglish:s#ea%ing elite !ere often favoured& The Board em#loyed religious officials and #aid their salaries& 0ven the 5adi or
*/

Intervie! !ith HaFi Nusof Ra!a, 199G& HaFi Nusof Ra!a, former President of PAS, !as $orn in 1999 in Acheen Street& His father A&R ,oordin Arra!i ran a $oo%sho# at ,o& // !hich HaFi Nusof has continued to the #resent day& Second International alaysian Studies Conference 9:; August 1999, Institute of Postgraduate Studies < Research, 4niversity of 1/ alaya

uslim Fudge !as Fust another salaried official& In this !ay, the traditional leadershi# of the uslim community in all $ut ritual matters !as gradually !ea%ened or su$verted& Thirdly, the rights of the descendents to manage !a'f lands, !hich is strongly #rescri$ed in Islamic la!, !ere usur#ed $y officers acting for the colonial government& This !rong a##ears to have $een continued throughout the history of the 0ndo!ments Board, to the #resent day& 6ourthly, the rights of the #oor and destitute as $eneficiaries of !a'f !ere often ignored and this !as #articularly true for #oor descendents of the dedicator, !ho have more rights to the #roceeds of the !a'f than the general #oor& 3is#laced tenants a##ealed in vain& The 0ndo!ments Board may have #referred to accumulate its funds instead of distri$uting them, and to channel its sur#lus funds through certain a##roved charities& 6ifthly, those o$Fects of uslim charity that did not agree !ith 0nglish la! !ere declared null and void in the colonial courts& In this corner of the British 0m#ire, the colonial government a!ed its uslim su$Fects through the 0ndo!ment BoardAs achievements in administration, munici#al reform and architecture& A secular authority over uslim charity lands !as esta$lished in a colonial settlement !here there !as no traditional uslim ruler to contend !ith, and in a conte"t !here various migrant ur$an communities !ere still negotiating their economic and #olitical roles& The ne! authority im#inged on the lives of thousands of uslims in Penang, effecting a su$tle shift in values that the uslim #o#ulation !as !illing to live !ith, and in the #rocess hel#ed set the stage for the res#onse of Islamic modernism in the 9) th century&

8hoo Salma ,asution, 19) Armenian Street, 1)9)) Penang, alaysia& Tel >);:9>9)19*, 6a" >);: 9>**9=), 0mail lu$is%snRtm&net&my& The author and her hus$and A$dur:RaCCa' Bu$is are mem$ers of the qariah, living almost mid:!ay $et!een the Ca#itan 8ling os'ue and the Acheen Street os'ue&

Second International alaysian Studies Conference 9:; August 1999, Institute of Postgraduate Studies < Research, 4niversity of

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