^{page 844 note 2} See Valenzi, Fernando, “La Senussia in Cirenaica ed il suo Patrimonio,” Rivista delle Colonie Italiane, 1932, pp. 432–3Google Scholar. The Sanusi family owned gardens and date-palms in their own right in some of the osses.

^{page 844 note 3} In Islamic law the beneficiary, if the benefactor so disposes, is the legal administrator. About 100 years ago the Turkish Government, on account of many abuses in the administration of waqf properties, tried to create in Tripolitania, and later in Cyrenaica, a single administration under State control, the Idarat al-Auqaf, for all registered public waqf. The reform came to little in practice. The properties of the Islamic orders were in any case seldom registered and they continued to be administered by their own representatives. The Italians created a waqf administration for Libya by a Royal Decree of 9th January, 1939. It did not have time to come into effective operation.

^{page 845 note 1} They were sent partly in local produce, such as skins, wool, grain, butter, and meat, and partly in money or imported goods, rice, tea, sugar, and cloth. These gifts were sadaqa, free will gifts, though had they not been sent the Shaikhs of the lodges would have been reminded of their obligations. The lodges dealt with certain trading houses at Banghazi, giving them import orders against future sales of local produce, e.g. Haj Muhammad al-Mizghani, Haj 'Ali al-Zarduni, and Haj Muhammad al-Masmudi.

^{page 845 note 2} According to Italian writings the division was as follows: Muhammad Idris and Muhammad al-Rida (the lodges of Banghazi, Dariana, Taukra, Darna, Talmaitha, al-Marasas, Mara, Tart, Umm Hafain, Umm al-Razam, al-'Azziyat, Khasham Kazaiq, and Maraziq); Muhammad 'Abid (the lodges of al-Marj, al-Makhili, and Bishara—and, later, all the lodges of the Fazzan); Ahmad al-Sharif (the lodges of Martuba, Janzur, and Umm al-Shakhanab—and in Tripolitania those of Tarabulis, Mizda, Misurata, Sirt, Saukna, and others of lesser importance); 'Ali al-Khattabi (the lodge of Msus and possibly that of Martuba); Muhammad Hilal (the lodges of Umm Kukba and Habbun—and according to his own claims to the Italians, which are unacceptable, Tart, al-Tailimun, Janzur, and Shahhat); and Safi al-Din (the lodge of al-Tailimun). These attachments must be regarded as only approximately correct.

^{page 845 note 3} Thus Muhammad 'Ali and his brother 'Ali al-Khattabi were regarded as having a lien on the Barqa al-Baida region and the Fazzan, where their maternal relatives the Ashhab family were influential Shaikhs of lodges; Safi al-Din on the Barqa al-Hamra, where his maternal kinsmen the Mahajib family were predominant; Muhammad Hilal on the Dafna, where his maternal kinsmen of the Sharifian Tursh lineage had considerable influence; Idris and al-Rida on the Jabal al-Akhdar, where they have maternal ties with the important Ghumari and Bu Saif families; and Ahmad al-Sharif on Tripolitania, where live his maternal kinsmen the powerful Fawatir tribe of Zlitin territory.

^{page 845 note 4} Consent would normally be given, for it was understood that when Bedouin donated tracts of country round a zawiya, its haram, they would continue to pasture and sow on any land not being used by the resident Brothers and to use its wells when there was sufficient water.

^{page 846 note 1} An Ettaro is 10,000 sq. metres or 2 471143 acres.

^{page 846 note 2} Msus (35,000 Ha.) al-Marj, al-Fayidiya (5,500 Ha.), Umm al-Shakhanab, al-Qasur, al-Baida (1,650 Ha.), al-Marasas (16,000 Ha.), Janzur (10,000 Ha.), Umm Rukba (7,000 Ha.), al-Tailimun (30,000 Ha.), al-Qatafiya, Banghazi (the attached lands at al-Shauka, near Jardina, 3,600 Ha.). The figures are approximate.

^{page 846 note 3} Shahhat, Mara, Qafanta, al-Fayidiya, Bishara, Martuba, Umm Hafain, Umm al-Razam, Janzur, al-Marasas, al-Baida, Tart, Darna, Taukra, Talmaitha, and al-Tailimum (on the coast near Karkura) have gardens and most of them springs with flowing water.

^{page 846 note 4} Attached to the lodges of Msus, al-'Azziyat, al-Makhili, al-Nayyan, al-Qatafiya, and al-Naufiliya.

^{page 846 note 5} In 1931 it was estimated that the order possessed over 3,400 palms in the Jalu and Marada group of oases and over 36,500 in the Kufra Archipelago. It also owned all the palms in the oasis of Jaghbub.

^{page 846 note 6} The position at Marsa Susa (Apollonia) was complicated by the Sultan of Turkey, who, without consulting either the order or the original donors, gave the Sanusiya lands there to Cretan Muslims who had fled from the island in 1898.

^{page 847 note 1} Norme Sommaire for Political Officials, August, 1912, pp. 5–6: “Anche pe le Zauie noi abbiamo proclamato il rispetto assoluto dei privilegi, ma esse non hanno finora dimostrato affatto di credere alla sincerità dei nostri propositi⃜”.

^{page 847 note 2} shahhat, al-Baida, al-Fayidiya, tart, Asqafa, Umm Hafain, Umm al-Razam, Maraziq, Khasham al-Razaiq, Umm al-Shakhanab, al-Qasur, and Dariana (Valenzi, ibid., p. 436.)

^{page 848 note 1} Bolletino Ufficiale, Bengasi, January-February, 1919.

^{page 848 note 2} By 1919 some, at any rate, of these salaries had been fixed for Shaikhs nominated by the Government on the recommendation of al-Sayyid Muhammad Idris. Those at al-Tailimun ('Abd al-Wahhab al-Mahajub), Talmaitha (Cav. al-Tuwati al-Kalili), al-Hamama (Hadaiwa al-Ghumari), al-Haniya (Muhammad al-'Isawi), Tart ('Ali al-Ghazzali), were to receive 600 Lire a month. The stipend of Darna (Ahmad al-Mauhub) was 650 Lire a month. Hasan al-Ghumari had been proposed as Shaikh of Dariana by the Sayyid but his appointment had not yet been confirmed by the Government because he had previously been condemned to death by a war tribunal at Taukra in 1914. These payments were suppressed when war broke out again in 1923, but thośe few Shaikhs who then submitted appear to have been given a subsidy (assegno politico) of 300 Lire a month from 1st August, 1929. In some cases the subsidies were continued after the Shaikhs returned from exile at Ustica in 1932. Two of the Shaikhs submitted to the Italians very early, those at Talmaitha and al-Fayidiya, and three even supported them against the order, those at Taukra, Shahhat, and Marada.

^{page 848 note 3} Banghazi, Dariana, al-Tailimun, Taukra, al-Marj, Talmaitha, Shahhat, al-Baida, al-Fayidiya, al-Haniya, al-Hamama, Tart, Darna, and al-Jarfan (al-Habbun).

^{page 849 note 1} Proclama alle Popolazioni, Bengasi, 1st May, 1923, by the Governor Bongiovanni, pp. 7–8: “ABITANTI TUTTI DELLA CIRENAICA! D'ordine del Governo del Regno d'Italia, io proclamo solennemente la decadenza di tutti gli accordi finora conclusi fra I'Italia e la confraternita dei Senussiti, dal ‘modus vivendi’ di Acroma fino ai patti di er Regima e di Bu Mariam; e con essi di tutti i vantaggi e privilegi concessi ai suoi membri”.

^{page 849 note 2} Idem, pp. 7–8: “La Senussia potrà rimanere in Cirenaica come confraternita religiosa e, al pari di ogni altra confraternita islamica, vi godrà libertà e protezione, se saprà mantenersi nell' ambito strettamente religioso. ⃛Tutti hanno diritto di collaborare al benessere del Paese e la confraternita senussita ha ancora aperto dinanzi a sè un campo di benefica azione, se vorrà ritornare alla sua missione religiosa. ⃛Ma se perseguirà altri scopi essa sarà condannata a sicura rovina”. See also the Governor's speech on 6th March, 1923, at the opening of the spring session of the Cyrenaican Parliament. (Printed at Bengasi, p. 8.)

^{page 849 note 3} In reality the land is sold outright and the purchaser can do what he likes with it; but in addition to the purchase money the buyer has to pay in perpetuity an annual peppercorn rent to preserve the fiction of inalienability. In theory lands of the of the Islamic orders could have been disposed of in the same manner, but they do not appear to have been.

^{page 849 note 4} No Sanusiya lands were sold in this way, but 1,000 hectares belonging to the 'Arusiya order at Bu Zaid, near al-Marj, were sold in 1938 for 150,000 Lire to Cav. Guido Jung by the Shaikh of the lodge in that place, al-Sayyid bin 'Abd al-Salam bu Shanaf al-Ghumari. The purchase money was placed in the Cassa di Risparmio at Banghazi to the credit of the lodge. It has disappeared during the war years.

^{page 850 note 1} By Sharia law if no provision is made in the Koran, the Sunna, or the writings of the four great jurists, then the 'ada, the custom of the country, and fatawa, interpretations of the same by Muftis and others learned in Islamic law in any particular country, may be cited. The custom of one country need not prevail in another country and fatawa in one country are not necessarily valid for other countries. The enzel law the Italians introduced into Cyrenaica had no standing in the courts of the country. The whole procedure was highly irregular and reflects no credit on Savarese and the lawyers associated with him. It is known that some of his colleagues were of this opinion. Apart from other considerations, it is probable that the Shaikh of the lodge had no legal right to dispose of its properties without the consent of the head of the order. He is said to have been bullied or bribed, or both.

^{page 850 note 2} This is about £50 a year for between 2,250 and 2,500 acres.

^{page 850 note 3} Savarese, Enzo, Le Terre delta Cirenaica, Part II, 1928, pp. 169–170 (Bengasi)Google Scholar.

^{page 851 note 1} The decree applied only to Cyrenaica. In Tripolitania the Italians appear to have taken what they needed from the lands and other properties of the order under Police Ordinance powers. In the more distant places the lodges continued to function, and in some instances, at any rate, kept their properties.

^{page 851 note 2} al-'Arqub, al-Qasrain, Mirad Mas'ud, Qarabarbi, Darna, Maraziq, Khasham Razaiq, and Asqafa.

^{page 852 note 1} Taukra, Talmaitha, al-Haniya, and al-Hamama. At Dariana urban Arabs were encouraged to exploit the lands of the order.

^{page 852 note 2} Al-'Azziyat, al-Makhili, al-Nayyan, Msus, al-Qataflya, al-Naufiliya, al-Jarfan, Umm Rukba, Janzur, al-Marasas, Umm al-Kazam, Umm Hafain, Martuba; and a few others.

^{page 852 note 3} This was only done, under Art. 6 of the decree of confiscation, in the case of house property attached to the Sanusiya lodge at Banghazi, and according to local statements this concession was only obtained from the Italians through representations made to the Government by notables of the town who did not belong to the Sanusiya order. They pointed out that the Sanusiya mosque in Banghazi was a place of worship for all Muslims and had therefore a public character. It is clear that the same reasoning applies to the estates attached to the other lodges, whose mosques and schools and guest-rooms for travellers were for the benefit of all Muslims, whether they adhered to the Sanusiya order or not.