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  • Page 9 » CSBE
    member of the jury for the Organization of Arab Cities Award for the past four cycles a member of the 1998 Master Jury of the Aga Khan Award for Architecture and a member of the Steering Committee of the Prince Sultan Bin Salman Award for Architectural Heritage He is the author of 3 books the best known of which is The Arab Muslim City Tradition Community and Change in the Physical Environment Riyadh Dar al Sahan 1996 and more than 40 articles in the field of planning and architecture He also served as Deputy Minister for Town Planning at the Ministry of Municipal and Rural Affairs from 1984 2004 where his responsibilities included directing and supervising the spatial planning process at the national regional and local levels in Saudi Arabia 2 Saleh al Hathloul s book The Arab Muslim City Tradition Community and Change in the Physical Environment Riyadh Dar al Sahan 1996 based on his Ph D dissertation at the Massachusetts Institute of Technology 1981 explores the evolution of the Arab Muslim city through an analysis of pre modern legal documents including records from 14th century Tunis and 16th century Medina 3 The Maliki school of Islamic Jurisprudence is one of the four Sunni schools of Islamic law It was founded in the 8th century and based on the teachings of Imam Malik ibn Anas d 795 Like other schools of Sunni Islam Malikism bases its doctrine on the Qur an Sunna and Ijma universal consensus of the Muslims For the Maliki school the Sunna comprises the tradition of the Prophet Muhammad and that of the Companions For Malikis Ijma prevails over Hadith an account of what the Prophet said or did or his tacit approval of something said or done in his presence Where Ijma cannot provide the answer to a question the ra y personal judgment is to be used in parallel with Hadith Qiyas reasoning by analogy is applied by the Malikis in cases of Ijma al umma the Ijma of the community The teachings of Malik are best illustrated through his book al Muwatta the earliest Islamic judicial work which has survived to the present day Sources Cottart N Malikiyya in Encyclopaedia of Islam CD ROM Edition v 1 0 Leiden 1999 and Robson J Hadith in Encyclopaedia of Islam 4 A cubit dhira is a unit of measurement that varies according to time and place In Baghdad during the rule of al Mansur mid eighth century al dhira al sawda equaled 49 5cm In present day Syria it equals 68cm In Egypt Al dhira al baladi equals 58cm al dhira al Istabuli equals 66 5cm d hira al handasah equals 65 5cm al dhira al baladi equals 58cm and al dhira al mi mari equals 75cm In Iraq Al dhira al halabi equals 68cm and al dhira al Baghdadi or al baladi equals 80cm 5 La darar wa la dirar is a Saying of the Prophet Muhammad Its translation into the English There should

    Original URL path: http://www.csbe.org/publications-and-resources/articles-and-lectures-on-urbanism/legislation-and-the-built-environment-in-the-arab-muslim-city/page-30/ (2016-02-13)
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  • Page 10 » CSBE
    al Hussaini with Majd Musa and Mohammad al Asad 2005 Transcription of Arabic lecture provided by Diala Anabtawi Continued List of Figures Figure 1 Examples of encroachments on public space in Medina showing houses believed to have encroached on the street or open public space For locations within Medina see figure 8 Figure 2 An illustration of the concept of the fina as elaborated by the jurists In a main thoroughfare the fina is the space located near the house s entry door and extending from the entry door to a distance not exceeding half the width of the street In lanes and cul de sacs the fina covers the whole area abutting the house s external wall and usually extending to the whole width of the lane Figure 3 Examples of street closing in Medina showing cul de sacs that seem to have originally been through lanes For locations within Medina see figure 8 Figure 4 The cul de sac or hawsh courtyard as it is known in Medina is conceptualized as a semi private space used by residents of surrounding houses for ceremonial social and recreational purposes In the past such semi private spaces used to have gates with doors at their entrances left Hawsh al Jimal right Hawsh al Turki Figure 5 Example of a small coffee shop in Barhat al Aghawat in Medina utilizing most of the fina which the shop shares with two neighboring houses For location within Medina see figure 8 Figure 6 Example of a shop in the al Aghawat neighborhood in Medina that utilizes the whole width of the lane leaving only a passageway in the center of the lane For location within Medina see figure 8 Figure 7 Plan of al Aghawat neighborhood in Medina showing the location of the doors

    Original URL path: http://www.csbe.org/publications-and-resources/articles-and-lectures-on-urbanism/legislation-and-the-built-environment-in-the-arab-muslim-city/page-31/ (2016-02-13)
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  • Page 2 » CSBE
    the nineteenth century In addition to Istanbul Cairo which began to compete with Istanbul during the nineteenth century as a Muslim political and cultural center was the other reference model for the secondhand colonial planning process to affect Beirut during that period In this context Saliba mentions that the Ottoman reform program known as the Tanzeemat was applied to Beirut partly through modernizing the city s building regulations and upgrading its infrastructure 2 During the French Mandate period the French superimposed a Beaux Arts Haussmanian model consisting of wide boulevards intersecting at monumental squares over the city s medieval fabric which already had been partially razed during the late Ottoman period Unlike other examples of colonial planning in the region where a dual city model was used and the old city was left intact and the new sections were constructed adjacent to the old ones in the case of Beirut colonial planning proceeded by superimposition instead of juxtaposition Beirut s medieval fabric consequently had disappeared to be replaced with the colonial early modern Beirut Saliba believes that this issue is of considerable importance when discussing the identity of the city of Beirut 3 Contemporary Trends and Manifestations Resulting from Colonial Planning Since the 1980s a new group of historians has emerged in Lebanon and these historians have begun to seriously investigate the issue of colonial planning They are studying developments that took place in the early twentieth century in order to understand the evolution of the city of Beirut today Those historians have adopted what can be referred to as a new historical consciousness which departs from old methodologies that were limited to studying the effects of the physical aspects of colonial planning on the city s contemporary planning Consequently they concentrate on examining the ideologies underlying colonial planning as well as the processes that define it Saliba believes that such a change in the historians perspective of planning is due to the fact that the modernist approach to planning which revolved around the actions of the public sector began to be questioned and even disqualified in the 1990s On the other hand a new consciousness has emerged that addresses decentralization and participation in planning This has led to an interest in investigating the past to explore whether governments imposed colonial planning processes or whether those processes involved negotiations with groups outside the official governmental structure Saliba mentions that one manifestation of the appearance of new trends in historical thinking in Lebanon is a 1998 symposium entitled Imported Exported Urbanism which was held at the American University of Beirut AUB The symposium helped crystallize a new approach towards urban history Although the symposium was not limited to the discussion of planning in Beirut some participants raised important issues relating to the context of Beirut For example the historian May Davie argued in the symposium that the French who created the Place de l Etoile an example of Beaux Arts Haussmanian planning in Beirut negotiated their plan with the rich local

    Original URL path: http://www.csbe.org/publications-and-resources/articles-and-lectures-on-urbanism/emerging-trends-in-urbanism-the-beirut-post-war-experience/page-11/ (2016-02-13)
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  • Page 3 » CSBE
    Musa in association with Robert Saliba 2001 Continued Saliba adds that generally it has been very difficult to successfully implement planning models in Beirut To him there has been a profound reluctance among Beirutis to accept planning models in the different periods of the city s modern history a phenomenon that mainly can be attributed to the city s mercantile sectarian underlying order This has resulted in a situation of planning chaos in Beirut and also in Lebanon and this difficulty in the implementation of planning rules and regulations in the specific socioeconomic context of Beirut is one of the issues that Saliba explored in this presentation Addressing the Destruction of Beirut s Colonial Heritage Saliba mentions that one of the most controversial aspects of recent planning developments in Beirut has been linked to the concentration of colonial era structures in Beirut s center What is taking place is that buildings located in the periphery of Beirut s Central District mainly those dating back to the colonial period are being demolished and replaced with new developments Those developments consist mainly of high rise structures that take advantage of the excessive built up to lot area ratio permitted under the still applicable pre war zoning regulations The new developments are stimulated by the rise in the prices of land and real estate located in the periphery of the city s Central District which can be attributed to the reconstruction of Beirut s Central Business District according to international standards In response to the crisis of the continuing destruction of the city s colonial heritage new reactions to the issue of conservation have evolved Those reactions have included research projects and academic studies on the one hand and practical approaches on the other Since 1990 considerable urban and architectural historical research and

    Original URL path: http://www.csbe.org/publications-and-resources/articles-and-lectures-on-urbanism/emerging-trends-in-urbanism-the-beirut-post-war-experience/page-2/ (2016-02-13)
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  • Page 4 » CSBE
    1 015 buildings and the list was presented to the Lebanese Minister of Culture so as to implement the necessary procedures for the protection of these buildings The minister did take the decision of freezing construction activities relating to the listed buildings for two successive periods of six months each During this period the Lebanese General Directorate of Urbanism was supposed to make the necessary planning decisions relating to the protection of these buildings Although the work of APSAD had the positive impact of increasing public awareness concerning Beirut s colonial heritage it also had a number of negative consequences Some of the owners of the listed buildings applied considerable political pressures that resulted in removing their properties from the protection list Following that they more often than not tore those historical buildings down to replace them with new profitable real estate developments Interestingly enough the number of listed buildings has been contracting continuously to reach 500 buildings 5 New Approaches to Preservation A third reaction to the ongoing destruction of Beirut s colonial architectural heritage has been to propose an approach to preservation that incorporates financial mechanisms as an integral part of the preservation process Here Saliba presented the example of Bizri Salama and Tabet who proposed the legislation of a preservation tax on buildings located in historical areas In turn this tax would be allocated for preservation purposes 6 Another contemporary planning trend in Beirut has been to approach preservation through corporate planning a process that was put in place by the launching of the Lebanese Company for the Development and Reconstruction of the Beirut Central District Solidere 7 Solidere provided a market oriented conservation strategy through which it was able to preserve the Place de l Etoile and the Foch Allenby areas the two most important areas in Beirut s Central District that date back to the French Mandate period Solidere was able to implement conservation strategies in the two areas within a period of four years an achievement that most probably would not have been possible had another planning approach been adopted Through this process of corporate planning Solidere was able to transfer air rights from one section of the Central Business District to another in order to preserve the buildings located within the designated conservation area However this project is still surrounded with controversy primarily resulting from the mandatory incorporation of the owners in the company as shareholders Outside the city s Central District another approach to preservation has been adopted This is the incremental development approach undertaken by the private sector Such an approach was necessary there because of the difficulty of applying the concept of air rights transfers that was used successfully in the Solidere area This is the result of the high population density in Beirut s peri center districts in addition to the fact that each district has its surviving architectural and urban identity as well as its rigid and blanket zoning codes However the restrictions that one faces when attempting

    Original URL path: http://www.csbe.org/publications-and-resources/articles-and-lectures-on-urbanism/emerging-trends-in-urbanism-the-beirut-post-war-experience/page-3/ (2016-02-13)
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  • Page 5 » CSBE
    modern planning in Beirut The Ecochard Plan The first event is the Ecochard plan which was devised in 1943 and is named after Michel Ecochard 1905 1985 the French architect and urban planner responsible for it The plan reflected a functional rationalist approach to planning based on the functional zoning of different activities Although that plan was never implemented Saliba mentioned that it has had a considerable intellectual impact on the planning models that followed it Interestingly enough the Ecochard plan has had more of an impact on planning in Damascus than in Beirut Ecochard promoted his plan as one where the technical expert defends the public interests and he worked against the principles of liberal capitalism which prevailed in Lebanon and Syria under the French Mandate Ecochard wanted to concentrate the decision making process in the hands of the state and the municipality Another important issue that Ecochard plan presented was the establishment of a regional perspective for Beirut for he believed that planning concepts for Beirut should fit within an overall regional vision 9 The 1954 Plan The 1954 plan was the second event of modern planning in Beirut It was devised by a group of Lebanese planning experts who took a different approach than that of the Ecochard plan According to Saliba the 1954 plan was the most damaging plan to Beirut because it was the outcome of the numerous pressures that were exerted on the planners by politicians businessmen and property owners That plan included the upgrading of existing zoning regulations and it defined the city as five concentric zones which decrease in density as one moves away from the center That plan however did not take into consideration Beirut as part of its larger context an issue that the Ecochard plan had addressed and emphasized

    Original URL path: http://www.csbe.org/publications-and-resources/articles-and-lectures-on-urbanism/emerging-trends-in-urbanism-the-beirut-post-war-experience/page-4/ (2016-02-13)
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  • Page 6 » CSBE
    of planning to the city This period produced two plans a 1977 plan by the French consultant L Atelier Parisien D Urbanisme APUR and a 1983 plan by the regional consulting engineering firm Dar al Handasah The 1977 plan figure 2 was the first reconstruction plan for Beirut and it followed a joint public private approach to preservation Since the damage done to Beirut s Central District by 1977 was not extensive the 1977 plan preserved most of the city s existing urban fabric It also proposed that the less damaged parts of the Central District would be reconstructed and rehabilitated by local property owners and that the heavily damaged parts would be reconstructed by small scale real estate corporations The shares of such corporations would be distributed according to the previously existing legislation which stipulates that real estate owners would hold 75 of the shares and the government would hold 25 The 1983 plan was the first plan to address Metropolitan Beirut In fact it is the only one to be conceived for Beirut until today that addresses the metropolitan level The plan which has not been adopted concentrated on proposing sub centers to be located around the city s central business district Saliba believes that the urban plans devised during the civil war period did not have any clear impact on the reconstruction of Beirut that took place in the 1990s To him no direct continuity can be found between either of the two war period plans and the planning process in Beirut as it is taking place today Post War Period Planning The last period of Beirut s history to be addressed by Saliba is the 1990 2000 post war period which according to Saliba has brought to Beirut the model of post modern planning 11 Saliba

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  • Page 7 » CSBE
    the La Defense Project in Paris Another planning trend that emerged in Lebanon during this period is that identified by Saliba as radical planning It is represented by the Elyssar plan formed in the early 1990s The Elyssar plan was originally intended to follow the scenario of corporate planning and was to be applied to Beirut s southwestern suburbs which have a very high concentration of Lebanon s shi i Muslim community who primarily moved there from the south of Lebanon and primarily consist of illegal settlements The proposed plan was opposed by Hizbollah the military political organization that is a main representative of Lebanon s Shi i Muslims This resulted in the introduction of political negotiations in the planning process and led to a number of important achievements The first is that the private company proposed for carrying out the reconstruction process in the southwestern suburbs was replaced with a public company The second is that the Elyssar project succeeded at least theoretically because it remains early to judge the full results of the process in making the government consider the illegal settlers as an integral part of the redevelopment of these areas Consequently the settlers are to be relocated away from the project s conservation area to an area that remains within the overall boundaries of the project The third achievement is that the Elyssar project provides an example of how the local inhabitants have participated actively in the decision making process affecting the setting up and running of this new public corporation 12 Another planning direction that also emerged in Beirut during this particular period and that has become an important trend in planning is participatory planning which also is referred to as community action planning or participatory level appraisal According to Saliba participatory planning in Lebanon is tied to the decentralization policy established by the Ta if Agreement Although this approach to planning definitely is not unique to Lebanon it is receiving widespread acceptance there This is being demonstrated in the numerous consulting roles that planners architects and universities are taking on for local municipalities in Lebanon Here Saliba cites an example of the participation of foreign universities in participatory planning the 1997 Prince of Wales Urban Design Task Force in Lebanon Here foreign students and their tutors tackled the post war challenge of reconnecting the different parts of the city with an emphasis on community participation among other themes of urban design In addition to working on reconnecting the center of Beirut to its peripheries they carried out an additional exercise that dealt with Sidon and concentrated on reconnecting the old Medina with the new city To Saliba this taskforce mission is an example of university involvement leading nowhere It was totally disconnected from local politics Moreover it reflected the work of an outsider who tried to impose particular preconceived Western concepts on a non Western context 13 Another approach to planning that was brought to Lebanon during the past decade is environmental planning which

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