(p.257) Appendix B The Ṣūfī Ordinance (Lā’iḥa Ṣūfiyya) of 1976
(p.257) Appendix B The Ṣūfī Ordinance (Lā’iḥa Ṣūfiyya) of 1976
For the Arabic text, see al-Muslim, [special issue] (Rabī' I–II 1398/Jan.-Feb. 1977), 5–26.
Law no. 118, 1976
On the Organization of the The Ṣūfī Orders
The Official Gazette (19th Year) no. 37 (bis), 17 Ramaḍān 1396/
11 September 1976
In the name of the People
The President of the Republic:
The People's Assembly has passed the following resolution, which we have promulgated:
Part One: Aims of Ṣūfī Orders and Organizations
Section One: Aims of the Ṣūfī Orders
Ṣūfī Orders and all affiliated organizations aim to provide religious and spiritual education in accordance with the rulings of Islamic Law, calling to its application by preaching, giving guidance, and organizing Ṣūfī dhikr, as well as using other Ṣūfī means, in accordance with this resolution and its Executive Ordinance.
Members of the Ṣūfī Orders are not permitted to profess heterodox beliefs, nor to perform actions or to set up mawlids or meetings for dhikr which contravene the rulings of Islamic Law or public order (al-niẓām al-'āmm) and etiquette (adab), nor may they commit the following [errors]:
(a) to profess ideas or opinions which contravene the rulings of Islamic Law;
(b) to commit actions which are not compatible with Islamic etiquette;
(c) to practise Ṣūfī dhikr or to set up mawlids other than in accordance with the conditions and procedures defined in the Executive Ordinance. The Executive Ordinance of this Resolution establishes (p.258) the rules and procedures which the members of the Ṣūfī Orders shall observe in pursuing their activities in a manner compatible with the Book and the Sunna and true Ṣūfī principles.
Section Two: The Supreme Council of the Ṣūfī Orders
The Supreme Council of the Ṣūfī Orders has an independent identity. Its objectives are religious, spiritual, social, cultural, and national. In all of its activities it will keep to the Book of God and the Sunna of His Prophet. The funds of the Council are to be considered public property. Its premises are in the City of Cairo.
The Supreme Council of the Ṣūfī Orders is to perform the following functions:
(a) supervision and support of Ṣūfī activity;
(b) approval of new Orders and supervision of the Orders and their members;
(c) issuing of declarations proscribing the activities of any group, gathering, or person claiming to belong to the Ṣūfī Orders, or performing Ṣūfī activities without being registered in the records of the Orders. Such proscription shall apply to any person or group in revolt against [the authorities of] their Order, and shall be commensurate with the concomitant threat to its nature, independence, and Ṣūfī character;
(d) consulting [members] about regulations pertaining to the organization of the Ṣūfī Orders and the preparing of internal ordinances for the Supreme Council of the Ṣūfī Orders and the Ṣūfī Mashyakha, with due regard for the contents of this Law and its Executive Ordinance;
(e) appointment, disciplining, and suspension of Sheikhs and their deputies;
(f) licensing, from a religious and Ṣūfī point of view, all mawlids and Ṣūfī processions, as well as organizing and supervising them throughout Egypt;
(g) investigation of organizational disagreements of an exclusively Ṣūfī nature arising between members of the various Ṣūfī Orders;
(h) supervising mausoleums and zāwiyas not maintained or allocated salaries [for their staff] by the Ministry of Endowments, and attending to their business;
(i) appointment of Sheikhs and servants to mausoleums under the aegis of the Supreme Council of the Ṣūfī Orders, and training them;
(j) establishing schools for the teaching of the Holy Qur’ān at Ṣūfī zāwiyas and mausoleums;
(p.259) (k) representation of Ṣūfī Orders at international Ṣūfī conferences, the organization of local Ṣūfī conferences and supervising them.
The Supreme Council of the Ṣūfī Orders is made up of the following:
(a) the head (Sheikh mashāyikh) of the Ṣūfī Orders as its President;
(b) ten member-Sheikhs from amongst the Ṣūfī Orders, having been elected on to the Council;
(c) a representative of the Azhar, to be chosen by Sheikh al-Azhar;
(d) a representative of the Ministry of Endowments, to be chosen by the Minister;
(e) a representative of the Home Office (Wizārat al-Dākhiliyya), to be chosen by the Minister;
(f) a representative of the Ministry of Culture, to be chosen by the Minister;
(g) a representative of the Department of Local Government and People's Organizations, to be chosen by the Minister.
The General Convocation of the Sheikhs of the Ṣūfī Orders is to hold a secret ballot to elect ten of its members to membership of the Supreme Council of the Ṣūfī Orders. Membership is for a duration of three years. The gathering of this General Convocation is not valid unless attended in person by [a minimum of] thirty Sheikhs of the Ṣūfī Orders. An election to membership of the Supreme Council of the Ṣūfī Orders is only to be considered valid in the case of a majority vote in favour of the candidate.
The electoral procedure must be completed at least sixty days before expiry of the three-year membership period, and is to be [carried out] at the headquarters of the District Council of the Governorate of Cairo, under the supervision of the President of this Council and in the presence of the Mayor of Cairo or his representative. The election to choose the replacement for anyone whose membership of the Supreme Council of the Ṣūfī Orders has expired is to be conducted according to the preceding rules, and the newly elected member shall assume the membership of his predecessor for the remainder of his term of membership.
The Sheikh of the Supreme Council of the Ṣūfī Orders is to be appointed by the decree of the President of the Republic, [and selected] from the Sheikhs who have been elected to membership of the Supreme Council of the Ṣūfī Orders, after consulting the above-mentioned Council.
(p.260) Article 8
The Sheikh of the Supreme Council of the Ṣūfī Orders is the supreme head of the Ṣūfī Orders in the Republic; he is also President of the Supreme Council of the Ṣūfī Orders and the General Federation of the Ṣūfī Orders by virtue of his rank. He is the legal representative of the Council before the Law and in its relations with others.
The President of the Council is to choose from amongst its elected members a deputy to chair any sessions which unforeseen circumstances prevent him from attending. If, for any reason, a deputy has not been appointed, in the event of the absence of the President the Council is to be chaired by its longest-serving or its oldest member, according to circumstances.
The Supreme Council of the Ṣūfī Orders is to meet monthly at least. The President of the Council shall summon its members to the meeting of the Council in writing at least three days before the scheduled meeting. Any members who are unable to attend must inform the President in writing at least twenty-four hours before the scheduled meeting. A quorum of six must be present at the meetings of the Council.
Emergency meetings of the Supreme Council of the Ṣūfī Orders can be called by the Sheikh of the Council or by five member-Sheikhs of the Ṣūfī Orders in writing. The Council is then to meet by force of Law in this case after the invitations have been sent by those requesting the meeting to the members of the Council by registered letter, if the President of the Council has not issued a summons to hold [the meeting] within fifteen days of receiving the request.
At emergency meetings, the Council will only consider items on the agenda.
The President of the Supreme Council of the Ṣūfī Orders is to draw up an agenda for meetings of the Council. He must include in the agenda those issues which have been put forward for discussion by the Sheikhs of the Ṣūfī Orders who are members of the Council; [these are to reach him] in writing at least two days before the scheduled meeting of the Council.
Only the President of the Council has the authority to make changes to the organization of the Council and to speak.
The President and the Secretary of the Council are to sign the minutes of its meetings.
The Sheikh must send these minutes to the Ministers whose ministries (p.261) are represented on the Council within five days after the date of the meeting.
Membership of the Supreme Council of the Ṣūfī Orders is lost by any of its member-Sheikhs of the Ṣūfī Orders who miss sessions more than four times in a year without offering an excuse which is acceptable to the Council. The decision to revoke membership is to be pronounced by two-thirds of the membership after due consideration of the member's defence, according to circumstances and the procedures set out in the Executive Ordinance.
The resolutions of the Supreme Council of the Ṣūfī Orders are to be carried by majority vote of those attending, except in those cases for which special textual provision is made in this Ordinance. The President of the Supreme Council of the Ṣūfī Orders is in charge of the execution of the resolutions of the Council. The authorities may assist the Supreme Council of the Ṣūfī Orders in the execution of its published resolutions by implementing the Law and [exercising] the means of control if necessary.
Section Three: Deputies of the General Council
The Sheikh of Sheikhs of the Ṣūfī Orders is to appoint deputies (wukalā’ sing, wakīl) to the General Ṣūfī Mashyakha in all governorates and regions of Egypt. Anyone appointed as a deputy to the Council of the Ṣūfī Orders must satisfy the conditions laid down in Article 29 of this Ordinance.
The wakīl must be [chosen] from amongst the best people of the region in which he is elected. A deputy head of a Ṣūfī Order may not be elected wakīl of the General Council unless he relinquishes this post before his election.
The governorate in which a deputy to the General Ṣūfī Council is appointed must announce his appointment and publish the resolution in the Official Gazette and in at least one daily newspaper of wide circulation.
A wakīl of the General Council may not be called the Head-Sheikh of the Ṣūfī Orders in his own realm of competence (fi dā’irat ikhtiṣāṣih) and may only claim the title ‘Deputy of the General Ṣūfī Council’.
(p.262) Article 16
The wakīl of the General Ṣūfī Council undertakes general supervision of the affairs of the Ṣūfī Orders in his own realm of competence. He also has the right to represent the General Council and to speak on its behalf before the authorities in this respect. He is answerable directly to the Sheikh of Sheikhs of the Ṣūfī Orders.
The wakīl of the General Ṣūfī Council must announce the authorization of every mawlid and procession in the realm of his competence. It is also the function of the wakīl to supervise these mawlids and processions and to ensure that they are free from all that contravenes this law and its Executive Ordinance.
It is the function of the wakīl of the Mashyakha to record all occurrences which contravene the Law and the procedural system (niẓām) pertaining to the Ṣūfī Orders and its members. It is also his function to prepare reports concerning such breaches and to turn the matters over to the appropriate authorities according to the regulations of this Ordinance. In urgent cases, the wakīl of the Mashyakha may order temporary suspension of any members of the Ṣūfī Orders or their functionaries under his jurisdiction until the matter is decided by the appropriate disciplinary authorities.
The wakīl of the Ṣūfī Mashyakha must send any written reports which he has prepared about the members of the Ṣūfī Orders or those responsible for them to the Supreme Council of the Ṣūfī Orders for examination not more than five days after the date of their completion. It is the function of the Majlis to pronounce on appeals, which must be submitted to it within fifteen days of the person concerned being informed of the matter by registered post.
The Supreme Council of the Ṣūfī Orders is to inform the authorities of any such resolution which is decided finally and is to be executed, so that it may be executed by the authorities if necessary.
The wakīl of the General Ṣūfī Mashyakha is to keep all registers and ledgers which have been designated by order of the Sheikh of Sheikhs and shall use them as his responsibilities dictate, according to the resolutions of the Executive Ordinance.
The wakīl of the General Ṣūfī Mashyakha is to report a vacancy at any (p.263) zāwiya and mausoleum under his jurisdiction to the General Mashyakha within seven days, so that steps can be taken to appoint a replacement.
The wakīl is also to inform the General Mashyakha of all matters pertaining to mausoleums and zāwiyas which come under the jurisdiction of the Supreme Council of the Ṣūfī Orders, in order that they might be investigated.
The Sheikh of Sheikhs of the Ṣūfī Orders reserves the right to discipline, transfer, or suspend the Deputies of the General Ṣūfī Mashyakha. Appeals against such resolutions may be made before the Supreme Council of the Ṣūfī Orders within thirty days of the person concerned being informed of the matter by registered post.
Section Four: The General Federation of Ṣūfī Orders
The Federation (Jam’iyya) is to be composed of all of the elected representatives of the recognized Ṣūfī Orders.
The Sheikhs of the Ṣūfī Orders and their appointed deputies are [officially] members of the General Federation once it has carried out the following:
(a) election of the members of the Supreme Council of the Ṣūfī Orders;
(b) meeting [conditions] laid down in paragraphs 2–5 of Article 4.
The Supreme Council of the Ṣūfī Orders is to summon the General Federation of the Ṣūfī Orders at least once a year and whenever necessary.
Meetings are to be validated by a quorum of one-half of the representatives. If the number of those attending is insufficient, the meeting is to be suspended for one hour and reconvened with a quorum of one-third of the members.
Meetings of the General Federations of the Ṣūfī Orders at which elections are to be made to the Supreme Council of the Ṣūfī Orders, or which have been called for other purposes laid down in Article 22, have a quorum of thirty Sheikhs of the Ṣūfī Orders, who must attend in person. If this number is not reached, the meeting is to be delayed for one hour. If the meeting is still inquorate, it is to be suspended for at least ten days; a quorum shall not be required thereafter.
(p.264) Article 26
Excepting those matters for which textual provision is made in this Ordinance, the resolutions of the General Federation of the Ṣūfī Orders are to be decided by majority vote. In the case of [equal] division the Chairman's side is to be favoured.
Section Five: The Ṣūfī Orders and their Sheikhs
The recognized Ṣūfī Orders are defined in the Executive Ordinance and are set out in the schedule attached. No new Orders are to be established which resemble existing ones by way of name or term. [Recognition] is to be by declaration of the Minister of Endowments and Azhari affairs, with the agreement of the Home Secretary, following the agreement of the Supreme Council of the Ṣūfī Orders, and this resolution is to be published in the Official Gazette.
If two or more Orders participate in a procession or gathering, they are to be ranked according to their listing in the above-mentioned schedule. The ranking of the new Ṣūfī Orders is to follow these [listed] Orders, according to the date on which their establishment and organization was declared in the Official Gazette. All of that is subject to the conditions, circumstances, and procedures which are laid out in the Executive Ordinance.
Every ṭarīqa must have a Sheikh, who is its spiritual and executive head; he undertakes responsibility to oversee its affairs and acts independently of other Sheikhs of the Ṣūfī Orders.
An appointed Sheikh must satisfy the following conditions:
(a) He must have attained the age of majority and possess full civil and political rights.
(b) He must not have been convicted of any felony or misdemeanour impugning his honesty or trustworthiness unless his reputation has been re-established in either case.
(c) He must be able to read and write well and should be acquainted with the principles of Islamic Law.
(d) He must have a good reputation and noble character (khuluq).
(e) He must be of the people of illuminative knowledge (ahl al-ʽirfān) and perfection, and must be God-fearing and upright.
(f) He must not be the Sheikh of another ṭarīqa.
(p.265) The appointment of the Sheikh of the ṭarīqa is made by declaration of the Supreme Council of the Ṣūfī Orders. The declaration is to be published in the Official Gazette and in at least one daily newspaper of wide circulation.
Precedence is given to the following candidates (in descending order of importance) for the position of Sheikh of a ṭarīqa when it falls vacant, assuming that they satisfy the necessary conditions:
(a) eldest son of Sheikh. If the son is under age, he is still to be appointed Sheikh of the Order, although the Ṣūfī Council shall appoint a deputy for him until he attains his majority. His eldest son comes after him, and so on, etc.;
(b) brothers of former Sheikh, with precedence given to a full brother (shaqīq);
(c) other relatives of the former Sheikh of the ṭarīqa, starting from the closest;
(d) oldest members of the ṭarīqa who satisfy the conditions of suitability for filling the position.
The Sheikh of a ṭarīqa may request the Supreme Council of the Ṣūfī Orders to appoint a deputy to the Order to assist him in his work. The appointment of the deputy is dependent on his satisfying the conditions set out in Article 29.
The deputies treated in the preceding Article may not propose themselves for membership of the Supreme Council of the Ṣūfī Orders.
The Sheikh of a ṭarīqa may appoint authorized representatives (nuwwāb’s. nā’ib) and vicegerents (khalīfa, pl. khulafā’) in all governorates, townships and regions. The Sheikh of the Orders may not grant a licence (ijāza) to someone who does not satisfy these conditions. The ijāza must set out the duties of the khalīfa in the way of guidance (irshād) and the rules which are to be observed. Ijāzas are not to be given out blank for distribution to anyone who wishes to [reach the rank of] khalīfa.
Appointments are to be reported to the General Ṣūfī Mashyakha of the Ṣūfī Orders in writing within a week. The Mashyakha has the right of veto for fifteen days thereafter, all according to the regulations set out in the Executive Ordinance.
(p.266) Article 34
All members of the Ṣūfī Orders who are accepted [for such appointments] must satisfy the conditions specified in paragraphs (b) and (c) of Article 29.
The Sheikh of the Order may not make a profit or raise loans from his murīds or khulafā’ nor may he impose subscriptions, whatever they may be called. Nor may he make any charges or take any fees for appointments to the posts of khalīfa or nā’ib. However, the ṭarīqa may accept donations freely and sincerely given. The Sheikh of Sheikhs must be informed about these donations within a week of their being accepted. Every ṭarīqa which accepts donations must do so in accordance with the procedures set out in the Executive Ordinance.
All Orders are to keep a register of the names of their members, nuwwāb, khulafā’, and the deputies of khulafā’ on their premises. These registers must be shown to the Mashyakha and the appropriate authorities for examination on request.
The Sheikh of every Order must keep the ledgers and registers which are described in the Executive Ordinance. These must be authenticated by the Mashyakha. These registers must be surrendered to the Mashyakha immediately after the headship of a ṭarīqa falls vacant. These ledgers and registers will be returned to [the ṭarīqa] immediately after the appointment of its new Sheikh.
The Executive Ordinance sets out the regulations and procedures for making records in the above-mentioned registers, the way in which they are to be authenticated by the Mashyakha, and the way in which they are to be kept.
The Sheikh of every ṭarīqa or a khalīfa must regularly gather the murīds together in one of the zāwiyas or in a place specially designated for Ṣūfī dhikr, followed by instruction and guidance.
The Sheikh or the khalīfa may charge a reciter to intone the Holy Qur’ān in the circle and to provide an exposition of the Creed (ʽaqīda) and the Sharīʽa and Ṣūfī-Islamic etiquette.
The Sheikh of the ṭarīqa must follow a regular pattern of inspection of the activities of his khulafā’ and nuwwāb and must assess their performance of the pastoral duties entrusted to them.
The Sheikh of the ṭarīqa must inform the Head Sheikh of the Ṣūfī (p.267) Orders of the regular reports which he makes in this respect; he must also include in them suggestions which he feels could be in the realm of competence of the Supreme Council of the Ṣūfī Orders, in accordance with the schedules, conditions, and procedures laid down in the Executive Ordinance.
Part Two: Ṣūfī Activities
Section One: Mawlids and Ṣūfī Processions
It is not permitted for the executive authorities to license any mawlid or any congregational procession of the Ṣūfī Orders in any part of the Republic, nor to authorize the Ṣūfī processions of any Order in the capitals of the governorates without the announced approval of the Supreme Council of the Ṣūfī Orders. The wakīl of the Mashyakha may give authorization within the limits of his jurisdiction to vicegerents of the Ṣūfī Orders who wish to hold a Ṣūfī procession.
The Mashyakha or its wakīl undertakes to inform the appropriate executive authorities of the granting of an approval for a mawlid or procession, and undertakes to supervise these processions and mawlids and to organize them with the co-operation of these authorities.
No Ṣūfī mawlid or procession shall incorporate any gathering or activity which contravenes Islamic or Ṣūfī principles and regulations, or goes against the essential humility and dignity of these processions and mawlids or offends against the etiquette of the Sharīʽa and public order.
The Executive Ordinance sets out the conditions which must be satisfied by those who are licensed to hold mawlids or to organize processions, as well as [listing] the etiquette and regulations which govern the setting up of these events and their supervision.
Section Two: Sessions of Dhikr and Religious Celebrations
No session of dhikr is to be held in a mosque without the permission of (p.268) the Mashyakha of the Ṣūfī Orders and the Ministry of Endowments and Azhari Affairs if the circle of dhikr is to be held in a mosque which comes under the jurisdiction of that Ministry.
The granting of permission or agreement, as well as the supervision of these sessions of dhikr are to be in accordance with the conditions and procedures defined in the Executive Ordinance.
The General Mashyakha of the Ṣūfī Orders undertakes to take part in the organization of the major religious celebrations, and to agree on the ways in which the Ṣūfī Orders will participate in them, [including] organizing the setting up of marquees, Ṣūfī gatherings, preaching, guidance, and the fight (muḥāraba) against innovations and reprehensible practices which go against the noble Sharīʽa, or good Ṣūfī character, at these celebrations.
Section Three: Ṣūfī-Islamic Institutes and Conferences
The President of the Republic is to issue a statement, based on a suggestion from the Supreme Council of the Ṣūfī Orders and with the agreement of the Cabinet, to the effect that one or more institutes are to be set up for Ṣūfī-Islamic studies. They shall take on suitably qualified people who are involved with taṣawwuf from the members of the Ṣūfī Orders. The statement will establish a curriculum and should include the length of courses of study at these above-mentioned institutes, as well as the fees which will be collected from each student and the certificates which are to be issued to graduates. [These] graduates are to be given priority in Ṣūfī organizations if they satisfy the other conditions, and they shall also have priority in the local and national representation of the Ṣūfī Orders.
The Head Sheikh of the Ṣūfī Orders is to call annual local conferences in the capitals of the governorates and, whenever necessary, to increase Ṣūfī religious and patriotic awareness and to combat currents which go against the noble Sharīʽa. These conferences are to be attended by the men of the Ṣūfī Orders; the organization, convening, and occurrence of these conferences will be supervised by the Supreme Council of the Ṣūfī Orders. [The Council will also supervise] the distribution of Ṣūfī religious books, communications, and publications during [these conferences], in accordance with the regulations set out in the Executive Ordinance.
The Supreme Council of the Ṣūfī Orders will also convene national conferences (p.269) for the remainder of those who are concerned with Ṣūfī matters in the various Arab and Muslim countries, or elsewhere. This is to strengthen the links between the men of the Ṣūfī Orders and to deepen Ṣūfī research and give it the broadest possible exposure. The Council may send members of these Ṣūfī Orders as delegates to these conferences for the purpose of unifying and supporting the activities of Ṣūfī organizations.
It is the function of the Supreme Council of the Ṣūfī Orders to establish the organizational system of the international and local Ṣūfī conferences, as well as the way in which they are to be agreed on and set up. [The Council is also to establish] the system of participation in international Ṣūfī conferences and the regulations which are to be followed in the choosing of delegations to these conferences, as well as the funds which should be paid to them. All of these are to be in accordance with the regulations of the Executive Ordinance.
A caretaker-Sheikh and assistants where necessary are to be appointed to all tombs under the jurisdiction of the Supreme Council of the Ṣūfī Orders by declaration of the General Ṣūfī Mashyakha. [Such appointments] are to be in accordance with the circumstances, procedures and conditions defined in the Executive Ordinance. In the case of a hospice (takiya) or a mausoleum which is already staffed, appointment is to be made after consulting the Overseer (nāẓir). The conditions made by the endower (wāqif) [of the property] are to be followed in this matter if he had stipulated the following of any particular system.
Anyone who has given five years of good service is given priority over others in the appointment, even if he is not a member of the family which owns the mausoleum. Thereafter [the appointment] goes to the immediate family, in descending order of proximity. No appointment to this function may be made before verifying that the above-mentioned rules of precedence have been followed, in accordance with the regulations and procedures set out in the Executive Ordinance.
The funds in the vow-boxes are to be collected by the Sheikh appointed to the service of the mausoleum, in the presence of the appointed employees and a representative of the appropriate police station. These funds are to be counted and divided into equal shares on the last day of every month. Part of these funds is to be set aside for the ritual functions of the mausoleum and the rest is to be paid to the caretaker-Sheikh and (p.270) the other employees according to the declarations by which their appointments were made, with due regard for the regulations set out in the Executive Ordinance.
Part Three: Budgets and Organization of ṣūfī Groups
The Supreme Council of the Ṣūfī Orders is to prepare the annual Budget of the Council after having consulted all of the Sheikhs of the Ṣūfī Orders subject to the supervision of the Council. The revenues in this Budget are made up as follows:
(a) funds which are set aside in the State Budget for the Ṣūfī Orders on an annual basis;
(b) donations and gifts from individuals and people of consequence at home and abroad;
(c) monthly or annual ṭarīqa subscriptions collected from members of the Ṣūfī Orders in accordance with the regulations set out in the Executive Ordinance;
(c) ten per cent of the funds collected from vow-boxes in mosques and mausoleums controlled by the Ministry of Endowments. The financial year of the Supreme Council of the Ṣūfī Orders runs according to the State financial year.
The draft Budget must be initiated a sufficient length of time before the scheduled date for [the Budget]. The Budget must also contain the incomings and outgoings of the Supreme Council of the Ṣūfī Orders and the General Mashyakha of the Ṣūfī Orders and of every Ṣūfī Order under the control of this Council.
It is not permitted for any of the various Ṣūfī organizations legislated for in this Ordinance or for any of their members or anyone employed in their service to collect or accept any payments or funds in respect of examining disputes or for various Ṣūfī appointments.
The collection of the annual and monthly subscriptions and other monies which are permitted by the regulations of this Ordinance must be conducted with due respect for the procedures and conditions set out in the Executive Ordinance. However, Ṣūfī organizations may accept donations for the purposes for which the Ṣūfī Orders exist. Donations from foreign or international sources must be approved by the Supreme Council of the Ṣūfī Orders, in accordance with the regulations set out in the Executive Ordinance.
(p.271) Article 52
The Executive Ordinance sets out the regulations and procedures which pertain to the preparation of the Budget of the Supreme Council of the Ṣūfī Orders and specifies the chapters, headings, and paragraphs of the incomings and outgoings on the basis of which this Budget is prepared.
This Ordinance also organizes the procedure for the presentation of the draft Budget to the General Federation of the Ṣūfī Orders in order to confirm [its contents] and to work on it. The required majority [vote] in favour of its confirmation should be at least two-thirds of the members of this Federation who are attending the meeting.
The Executive Ordinance also organizes the procedures for payment of expenditures authorized in the Budget and [specifies] the competent authorities amongst the various Ṣūfī organizations and their prerogatives, all under the general supervision of the Supreme Council of the Ṣūfī Orders and its President.
End-of-year accounts for the Supreme Council of the Ṣūfī orders are to be prepared and submitted to the General Federation of the Ṣūfī Orders at the same time as the final accounts are submitted to and approved by the State. The Executive Ordinance specifies the regulations and procedures pertaining to the presentation of the Final Account and its approval by the General Federation.
The authentication of the Final Account by the General Federation of the Ṣūfī Orders and its release by the Supreme Council of the Ṣūfī Orders, its President, and other competent authorities amongst the Ṣūfī Orders is to be by majority vote as specified in the preceding Article.
Part Four: Discipline of Members of ṣūfī Groups
All infractions of the regulations of this Ordinance and its executive ordinances by members of the Ṣūfī Orders, whatever their rank or position within them, are punishable as follows:
(a) Warning: This applies to anyone who has been proven to have contravened this Ordinance or its executive ordinances or to have committed any action which goes against Ṣūfī principles or in itself threatens the honour of those who belong to the Ṣūfī Orders.
(b) Suspension for a maximum period of a year: this applies to whoever is proven to have committed an action or an infraction against Ṣūfī regulations or etiquette or morals.
(p.272) (c) Public expulsion: this applies to any member of the various Ṣūfī Orders who is proven to have committed a serious infraction which threatens his honour, or materially contravenes the text of this Ordinance or its Executive Ordinance. The declaration authorizing this punishment is to be made on the basis of a majority vote of two-thirds of the Supreme Council of the Ṣūfī Orders.
The Council must declare the expulsion of anyone found guilty of a felony or a misdemeanour threatening his reputation, of anyone committing any of the infractions listed in Article 2, or of any wakīl of the Mashyakha who has been proven to have issued a disciplinary injunction of deliberate cruelty, wrongfully and unjustly. [Such a declaration of expulsion must also be made in the case of] one who accumulates funds or donations, whatever they may be called, in a way which contravenes the regulations of this Ordinance and its Executive Ordinance. Such a decision must be published in the Official Gazette in the case of those who are of a rank to which appointment must be announced according to the regulations of this Ordinance. In all cases, the declaration shall be published in at least one daily newspaper of wide circulation.
The Sheikh of every Order must investigate organizational disputes or disagreements of a purely Ṣūfī nature as they occur between the members of the ṭarīqa. It is the preserve of the Supreme Council of the Ṣūfī Orders to investigate infringements and disputes referred to in the preceding paragraph if they involve one of the Sheikhs of the Ṣūfī Orders, as well as occurrences and disputes which arise between members of different Ṣūfī Orders.
It is the function of the wukalā’ of the Mashyakha to investigate such occurrences and disputes in regions outside Cairo.
Appeals may be made before the Supreme Council of the Ṣūfī Orders against the decisions of the Sheikhs or the wukalā’ indicated above within fifteen days of the person's being informed [of the matter] by registered letter.
The Supreme Council of the Ṣūfī Orders and the Sheikhs of the Ṣūfī Orders are to observe the rules of Sharīʽa and the genuine principles of Sufism in disciplinary proceedings in which they have a function, as are the Sheikhs of the Ṣūfī Orders and all others who play a part in the authorizing of disciplinary punishments. They are also to carry out the necessary basic procedures to ensure justice and to allow due consideration of the defence of the accused before authorizing his punishment, and must follow the procedures and conditions set out in the Executive Ordinance.
(p.273) Part Five: General Concluding Rulings
The General Federation of the Ṣūfī Orders and the Supreme Council of the Ṣūfī Orders are to observe the rules established by the Sharīʽa and the principles which are agreed amongst the Ṣūfī Orders in their procedures, actions and resolutions. Resolutions of either the General Federation or the Supreme Council of the Ṣūfī Orders on matters under their jurisdiction are issued in accordance with the regulations listed in this Ordinance and its Executive Ordinance and are binding and final as long as they are acceptable under Sharīʽa and Canon Law and are applied to those who belong to the Ṣūfī Orders.
All funds of the Supreme Council of the Ṣūfī Orders and any Orders subject to the regulations of this Ordinance are exempt from taxes or charges of any kind, whether they be fixed capital or transferred.
All registers, papers, and documents pertaining to the application of the regulations of this Ordinance and its Executive Ordinance are free of stamp-duty.
The premises of the Supreme Council of the Ṣūfī Orders and the premises of the various Ṣūfī Orders are exempt from charges for electricity and water if their consumption is equal to their average for the year prior to the enactment of this Ordinance.
The Supreme Council of the Ṣūfī Orders will designate a public-sector bank to hold the deposits of various Ṣūfī Organizations.
The Executive Ordinance clarifies [the issue of] banners and sashes which are used by various Ṣūfī organizations and the cases in which they may be used, as well as the ledgers and registers which these organizations must keep, in particular the Supreme Council of the Ṣūfī Orders. This Ordinance also sets out the correct way of making entries in these ledgers and registers and the particulars which are to be recorded therein, as well as the way in which they are to be authenticated and kept. The President of the Supreme Council of the Ṣūfī Orders and the Sheikh of every Ṣūfī Order are to supervise the organization of these books and the entries made therein and their preservation according to the regulations of the above-mentioned Ordinance.
The regulations of the Executive Ordinance, with due regard for the regulations in this Statute and the Statutes of Work and Social Security, apply to the employees of the Supreme Council of the Ṣūfī Orders and those (p.274) who are involved with the various Ṣūfī Orders in respect of their appointment and the fixing of their salaries, their allowances and stipends, transferrals and discipline, and all other matters relating to them.
Without prejudice to any heavier punishments set out in the Penal Code or any other code, anyone who arrogates a function of the Ṣūfī Sheikhs or who falsely claims to represent an Order, or membership in same, or a capacity, rank, task, or claims any connection to the Ṣūfī Orders or any organization subject to this Ordinance, or wrongfully uses one of their banners or emblems is liable to a maximum of six months’ imprisonment and a minimum fine of LE 200 which shall not exceed LE 500, or one [only] of these punishments.
The Khedivial Decree, promulgating the Ṣūfī Ordinance of 2 June 1903, is revoked, as are all rulings which contradict this Statute.
The Executive Ordinance of this Statute will be promulgated sixty days after the publication of this Statute in the Official Gazette, by authority of the President of the Republic after consulting the Prime Minister and the Supreme Council of the Ṣūfī Orders.
The statutes currently in place [the Internal Ordinance of 1905] at the time of this Statute for the organization of the functions of the various Ṣūfī organizations are to be observed until the publication of the Executive Ordinance and resolutions as long as they do not contradict this Statute.
The present Sheikh of the Supreme Council of the Ṣūfī Orders and the Sheikhs of the Ṣūfī Orders are to continue in their duties, as specified in this Statute.