On EVKAF and Vakouf Properties

The matter of the fenced-off area of Famagusta has, from time to time, been a point of contention between the two communities. However, until recently, provocations from the occupying authorities—common in many other topics—had been relatively absent. Now, it seems that calm has given way to a storm.

According to recent claims made by the EVKAF Foundation, the fenced-off area of Famagusta belongs to EVKAF—the highest religious authority overseeing Muslim endowments (vakouf property). It is indeed true that many properties once belonged to EVKAF. However, during the British colonial era, several of these properties were transferred to Greek Cypriots and to the Church. This latter point is acknowledged by both sides. What is being disputed is the legality of those transfers.

This article does not seek to analyse or debate the claims of Ibrahim Benter, the Director General of EVKAF, but rather to explain what is meant by vakouf land.

Classification of Ottoman Land
During the period when Ottoman law was applied, land categories were defined under the Ottoman Land Code, which divided land into five types:

1. Arazi Memluke (Mulk) – privately owned land
2. Arazi Mirie – state-owned land granted for use
3. Arazi Mevkufe (Vakouf land) – religiously endowed land
4. Arazi Metruke – land reserved for public use (e.g., roads, commons)
5. Arazi Mevat (or Khalitika) – uncultivated or dead land

What Are Vakouf Properties?
Vakouf properties were assets dedicated by their owners for charitable purposes. Due to this dedication, EVKAF became the legal owner of such properties. The transfer of property was done via a deed of dedication, which also outlined the terms of possession and use. The dedication could involve ownership rights and/or use rights.

Where full ownership was concerned, properties could be registered with the Imperial Land Registry (Defterhane).

Vakouf properties are divided into two types:

• True Vakoufia: These involve private donations of Mulk land—urban or rural properties fully owned by individuals (possession, use, and title), without state intervention.
• Non-true Vakoufia: These involve donations of Arazi Mirie—cultivated farmland technically owned by the state, granted by the Sultan with only rights of possession and use, not full ownership.

Legal Developments
In 1946, Cap. 224 – The Immovable Property Law came into force. Rather than abolishing vakouf property, it included provisions regulating it (Articles 36–38).

Today, a special law remains in force: Cap. 337 – The EVKAF and Vakouf Law, governing the administration of such properties.

Additionally, Article 23(10) of the Constitution of the Republic of Cyprus provides enhanced protection for vakouf land.

The 1974 Context and Legal Custodianship
Following the tragic events of 1974, much of the EVKAF property located in government-controlled areas was left unprotected and without active administration. In response, the Cypriot legislature passed Law 139/1991 (Law on Turkish-Cypriot Properties: Management and Related Matters), which assigned the Minister of the Interior as custodian of these properties.

This legislative arrangement was found unconstitutional in the case of Antonakis Chr. Solomonides Ltd & Others v. Attorney General & Others, 2003 (1) A.A.D. 1275. However, the measure was ultimately justified under the Doctrine of Necessity due to the unique political and legal circumstances of the time.

This article is for informational purposes only and should not be considered legal advice.