Earning and Spending Money from The Islamic Point of View

We are living in a time when the Importance of money is more than ever. The desire of living a lavish lifestyle is more than ever due to the Impact of media. Our beloved Muhammad SAW has told us that fitnah of my Ummah is wealth. Quran tells us that our wealth and our kids are a test for us. There is no doubt that human beings love wealth. When they get the wealth they want even more and this desire never ends till we die. Having wealth is not a bad thing if earned and used in the right way.

In fact, earning money through Halal way and hard work is a virtue. Beloved Muhammad SAW said that (which means):

“Honest traders will be in the category of messengers, saints and martyrs on the day of judgment.” [Narrated by Bukhari]

Another hadith tells us that spending money earned through the Halal way on your family is Sadaqah. However, its Haram to make money through methods which are forbidden by our Deen like dealing in Interest, doing dishonesty, lying about the Item that you are selling. using the money for wrong purposes like bribery, corruption is also Haram.

It is also important to give Zakat on the money that you have earned. Zakat purifies your wealth and also ends poverty from the society. along with Zakat, you should also try to do as much sadaqah as you can. The Prophet SAW used to do massive charity.

It is Important to be moderate in spending the money. you should not be wasting the money on unnecessary things and you should also not be a miser. these are some point which we must keep in mind related to Money, earning and spending.


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Waqf in Western Countries

This article was originally written by Abdullah ibn al-Sheikh Mahfudh ibn Bayyah (Jeddah 23 Rabi` al-Awwal 1426 AH).

I was asked to write on this subject, which is of extreme importance as it constitutes a significant means to preserve the identity of Muslims in the West and to secure suitable conditions so that they can practice the rites of their religion.

Introduction

This brief paper on endowment in the West aims to manifest the importance of endowment in Western countries.

Therefore, we shall talk about Muslim minorities, the aim of this paper, and about the obstacles that face Islamic endowment in the West and the solutions, including the necessity of helping Muslims and the importance of achieving mutual solidarity.

We will look at the definition of endowment in Islam along with a quick comparison with the foundation system in the West – using France as an example – to form the proper concept of endowment in the West.

Endowment has to be adapted to the Western environment.

First: Muslim minorities

“Minority” as a term was not known in the past. It emerged in the last century and has gained much strength since the beginning of the 15th Hijrah century with the establishment of Islamic organisations interested in the situation of Muslim communities in the West. The Muslim World League is the leading such organisation, followed by the Organisation of Islamic Conference. The word “minority” has grown to be used for a group of people with special characteristics who live among a congruent, larger group of people who wield more influence as they possess all or most of the power.

Much dispute took place about the term “the fiqh of Muslim minorities”. The European Council resolved this dispute in the round held in Dublin, Ireland, by approving the use of this term, as there should be no contention with regard to terms, and also as it was used in contemporary speech. In addition, the term minority is conventionally used internationally as a political term that stands for groups of people in a state who belong to a different ethnicity, language, or religion than that which the majority belong to. The Council also approved the opinion that the subject of the fiqh of Muslim minorities is the fiqh rulings related to Muslims who live outside Muslim countries.

The special characteristics of the minority could be religious or ethnic. Therefore, the majority usually tend to ignore the rights of this minority if not harass them, physically or psychologically, because they are bothered by the values and ideals of this minority. This is the most important problem that faces minorities; namely, how to balance between adhering to their values and achieving adaptation and congruity with the bigger society.

History has witnessed many disasters that befell minorities due to their disputes with the majorities. We are not going to give a historical survey of the massacres of minorities that the world witnessed at the turn of the twentieth century in Kosovo and Bosnia and Herzegovina.

But in the modern age, an important development took place in the world. The system of human rights has become the grounds for the existence of a minority among the majority particularly in the West, which fostered the principles of human rights, which was basically established as a means of coexistence between the followers of Protestant and Catholic Churches. But in the course of time, minorities from Africa and Asia have been allowed to live there. These minorities emerged for different reasons that had led to the migration of the workers from colonies to the colonizing countries.

For a period of history the Islamic civilization was the only human civilization which regulates the rights of minorities with regard to the practice of their religious rites and their right to resort to their own courts.

Thus the Coptic minority has lived for 14 centuries protected by Islam, as was the case with the Jewish minority in Morocco.

After World War I, many of the international treaties were concerned with the protection of minorities. The issue of minorities was one of the most important problems that faced the League of Nations.

The situation of Muslim minorities in non-Muslim countries can be described as one of necessity in the general sense of the word which includes need and necessity in its particular sense.

Therefore, it needs a special kind of fiqh. This does not mean the formation of a new fiqh outside of the framework of the Islamic fiqh whose basic references are the Quran and the Sunnah together with other evidences such as ijma‘ (consensus), qiyas (analogical reasoning), juristic preference, public unrestricted interests, blocking the means to evil, custom and presumption of continuity, in addition to all other evidences approved by scholars when they expressed their different juristic opinions, which represent a rich and broad legacy. Thus the issues of minorities are old in genre but new in type.

The growing Islamic existence poses new challenges and tasks, and endowments could be a means to deal with this complex situation if the Islamic endowment is established in different fields besides mosques, or houses of worship as they are called in the West, and educational institutions, which are of major importance in all the levels of educations including elementary and secondary levels where the individual’s creedal and ethical personality is formed, in addition to providing a solution for the problem of banning hijab in some European countries. This is also the case with regard to higher and university education, such as the institute of Human Sciences in Paris, which students from Europe attend, and cultural centres where cultural activities can take place to preserve Muslims’ cultural and intellectual distinctiveness and to play a role that integrates with the role of the educational institutes and mosques. There are also some other important fields that Muslims have not paid attention to such as study and research centres. The European Council for Fatwa and Research has a research branch that issues the Council magazine. We need endowments in the field of research, thoughts, social studies, dialogue, etc.

Similarly, Muslim minorities need active economic and cultural institutions to compensate for their weakness, safeguard their creed, and preserve their children through teaching them their religion, and help the needy, the poor, and the sick among them; particularly after the number of Muslims in the West has increased and their existence there has become no longer accidental but rather perpetual and growing. According to some researchers, their number has exceeded 60 million in America and Europe including both native Muslims in Eastern Europe and newcomers. There are cities where the number of Muslims tends to grow faster than the number of the people of other religions as in the case of Brussels in Belgium, capital of Europe. In Paris, the number of Muslims has reached two million.

Endowment in Western Countries

Second: the obstacles of Islamic endowment in the West

Endowment in the West (by Muslims) faces obstacles:

The first obstacle is the scarcity of resources, which resulted mainly from the fierce attack against charity institutions, which has driven many of charity doers to abstain from giving money that helps in establishing endowments in the West. Hence, they spend instead – when they do spend – on building mosques and orphanages within a very limited geographical area, while missionary institutions spend lavishly to establish their call in Muslim countries in Africa and Asia without restriction.

Therefore, this subject should be added to the list of dialogue with the West and the attention of officials should be drawn to the importance of equal treatment in such issues.

Muslims are like one body. We cannot let down Muslim minorities that constitute a part of the Muslim nation, a bridge for cultural communication, and a link in the chain of the relation with the West.

The second obstacle is that there are some flaws in achieving solidarity and cooperation between individuals and Islamic associations in West countries. This constitutes an obstacle before making collective efforts to establish challenging multi-purpose endowment institutions. However, there is an undeniable level of solidarity – thanks to Allah – in more than one district.

The third obstacle is the lack of organisational and administrative competency to achieve the maximum utilisation of the available – or potentially available – human and financial resources.

The fourth obstacle is working in conformity with the Western systems and laws. Muslim minorities live in a non-Muslim society under positive laws which mostly differ from the rulings of the Shari`ah that regulates the Islamic endowment owing to its special nature that requires rules that cannot be harmonised with the Western systems even with the employment of ijtihad and selection of juristic opinions.

Solutions:

To face these obstacles we can suggest, with regard to the first obstacle, that significant endowment organisations in the Islamic world can grant large funds to acknowledged Islamic institutions in these countries to carry out an endowment program resisted.

I confess that this solution requires intense communication between the beneficiary Islamic organizations and the officials, particularly after some organisations in European countries have started to set up local funding institutions to build and supervise houses of worship as protective measures against what is called “incoming fundamentalism.”

With regard to the second obstacle, there is a need for more awareness in the ranks of Muslims in order to convince them to integrate their organizations, as in the meantime institutions and mosques are established on ethnical or sometimes doctrinal basis. This then will help in forming huge endowments to meet the need. In this context rose the new European Islamic endowment and a similar one in America which supervises over 130 mosques. The European Council for Fatwa and Research and the International Union of Muslim Scholars can play a leading role in this field.

As for the third obstacle, which is related to lacking the organisational and administrative competency for ideal utilisation, it can be overcome, in my view, through exchanging experiences, organising courses, and focusing on successful examples to be raised as models. The General Secretary of Endowments in Kuwait can supervise these courses.

With regard to the fourth obstacle, which is related to fiqh and legal sides, we have to point it out to clarify in brief the nature of endowment in Islam.

The definition of Waqf (endowment):

In Arabic, the words waqf and habs (dedication) are used synonymously by jurists for the same meaning, though al-Rassa held the view that waqf is a stronger term than tahbees. [See Sharh al-Rassa 2:539]

This word can be used for the endowed thing and for the act of endowing itself.

Ibn ‘Arafah defined it as endowing the utility of something as long as it exists while remaining in the possession of its endower even assumingly.

Ibn Arafah rejected the definition given by Ibn Abd al-Salam who defined it as “endowing utilities forever”, for it does not apply to all cases.

The author of Aqrab al-Masalik defined it as dedicating the utility or product of a property, even for a payment, for someone for a period determined by the granter. [Al-Sharh al-Sagheer li al-Dardeer 4:97]

According to Abu Hanifah, it is to dedicate a property in accordance with the will of the granter of the utility in charity. [See the commentary of Ibn ‘Abdeen 3:357]

Ibn Qudamah said: it means to dedicate the estate and give the product in charity. [al-Mughni 8:184]

This definition is close to the exact wording of the hadith reported by al-Nasa’i in his Sunan on the authority of Ibn Umar that the Prophet (peace and blessings be upon him) said to Umar about the share he was given from Khaybr “Dedicate the estate and give the product in charity.” [Reported by al-Daraqutny and al-Bayhaqy and authenticated by al-Albany in Irwa’ al-Ghaleel]

Endowment is a great institution that manifests the wisdom of this divine and eternal shari’ah with regard to establishing the bases of cooperation between the individuals of the community and taking care of the people of need and poverty even before they come to existence. It is a credit for the coming generations and a running charity of a running reward for the endowers to receive the return in their graves and on the day of resurrection.

Therefore, the Messenger of Allah (peace and blessings be upon him) listed it among the three deeds of constant rewards that do not cease with death. The authentic hadith reads “When a human being dies, all his deeds come to end with the exception of three: a running charity, beneficial knowledge, or a pious child who prays for him.” [Reported by Muslim]

The running charity was interpreted as the endowment. Al-Shafi’y (may Allah be pleased with him) said that endowment is one of the peculiarities of this nation and was not known before Islam.

One of the characteristics of endowment is the perpetuity of the estate while spending the product on charity avenues. Therefore, there are many rulings related to endowments which form one complete system that acts as a shield to block the ways to intervene with the endowment in the face of the governors and administrators who may attempt to change or even waste it.

Hence, issues such as exchanging, substituting, transferring, compensating, restoring, and dividing the endowment have all gained the interest of Muslim jurists and sometimes led to juristic differences. This gave rise to three juristic schools that have different points of view: one school is conservative with regard to the estate of the endowment to the extent of strict abiding by words; another one manages the estate freely to preserve the perpetuity of the utility not the perpetuity of the estate; and third one takes a middle course between the two sides and inclines to the preponderant benefit in a rigid flexibility – if it is possible to combine between two opposites.

The first group includes the Malikites and the Shafi’ites. They do not allow exchanging or compensation in endowments except to very narrow limits in certain cases, which we will mention later.

The second group is represented by the Hanbilites and some Malikite scholars; particularly the Andalusians.

The third group which goes with the preponderant interests consists of some Hanifite scholars, such as Abu Yousof, and late Hanbilite scholars such as Ibn Taymiyyah, in addition to some late Malikite scholars.

Here we adopt the opinion of the school that goes with the interest with regard to endowment and thus allows transferring it and compensating for it. This school adopts the Malikite definition of endowment we quoted from Aqrab al-Masalik because the endowed property does not have to be immoveable. It should be just a property or even a utility during the period of lease. Also, this school does not disallow timing in endowment.

One important issue related to endowment is its administration. Revising scholars’ opinions and the positions of the schools of Islamic law, the administration is for the endower, the appointed administrator, the judge, the Muslim ruler, the beneficiaries, and Muslim community. (See our book I’mal al-Maslahah fi al-Waqf and the paper we presented to this forum about the administration of endowment)

The administrator could be one or more persons as explicitly stated by the author of al-Tawdeeh al-Jami bayna al-Muqni wa al-Tanqeeh who belongs to the Hanbalite school.

Therefore, the association administers the endowment and so does the foundation in the new French system in which a government commissioner joins.

The permissibility of dedicating an endowment to non-Muslims relies on the case when Safiyyah, mother of the believers, (may Allah be pleased with her) dedicated an endowment fund to her Jewish brother.

It is also permissible to dedicate an endowment fund for a church to spend on those who pass by it (see al-Mughni and other references). This is of course when the endowment functions as a social institution from which both Muslims and non-Muslims benefit. So is the case when the endowment is an educational institution that receives Muslim and non-Muslim children; because the interest of Muslims is the most important criterion in this regard.

As for the case in the West, there are various forms: to register an association for public utility that has legal personality. This association administers the properties according to the institutional system to which it submitted in order to get the license. It can raise funds from the public and can also receive aid from authorities as well as grants and wills.

There is the form of foundation which does not differ much from the system of the associations of public utility with regard to their resources. But there is one big difference in the French law which is that the grants given to the foundation needs an administrative license to receive donations.

Moreover, the acknowledgement of the foundation needs a decree from the State Council which is the highest judicial body in France.

In conclusion:

There must be a comprehensive outlook to the status quo of endowments in the West and the future horizons to find a suitable form that allows the promotion of endowments in the Western circles while sticking at the same time to the basic principles of endowments in the Islamic shari’ah.

Finally, there are many fields of Islamic endowment in the West; the most important of which are: the field of calling to the way of Allah; the educational field; the social field; and the field of scientific researches, as elaborately explained by Dr. ‘Abd al-Majeed al-Najjar in his paper “Maqasid al-Waqf fi al-Gharb”.

It is probably right to make a list of Muslims’ needs in these fields.

Allah is the One who grants success.

Taken with slight changes from http://binbayyah.net

Empowering Cash Waqf (Endowment)

Waqf (endowment) plays a significant role in developing human beings, and it falls within the category of infaq (spending) and sadaqah jariyah (continuous charity). A person who gives waqf from his wealth that he loves will nurture his soul unto becoming one that is successful in scraping off stinginess and miserliness. Then, such deed will nurture compassion, strengthen the brotherhood, inculcate the understanding of utilizing wealth as the bridge that leads one to the pleasure of Allah….

Waqf (endowment) plays a significant role in developing human beings, and it falls within the category of infaq (spending) and sadaqah jariyah (continuous charity). A person who gives waqf from his wealth that he loves will nurture his soul unto becoming one that is successful in scraping off stinginess and miserliness. Then, such deed will nurture compassion, strengthen the brotherhood, inculcate the understanding of utilizing wealth as the bridge that leads one to the pleasure of Allah. Allah  mentions in verse 92 of surah Al-‘Imran:

“Never will you attain the good [reward] until you spend [in the way of Allah] from that which you love. And whatever you spend – indeed, Allah is Knowing of it.” [Al-Quran, surah Al-‘Imran, verse 92].

This verse explains that a person will attain the pleasure and reward of Allah if he is willing to spend from the wealth that is beloved to him, for such charity will attain the reward of Allah based on the intention and purpose that is embedded in his heart.

One form of waqf that is truly needed in these times is the waqf of cash, which is making waqf in the form of cash or money. It is something that is not widely known, for many of us have the understanding that waqf is typically done by giving away real estate and property only. From the juristic ruling, it is permissible to make waqf in the form of cash.

The main objective in making waqf with cash is to facilitate for the waqif (endower) to spend from his wealth according to his ability. It can instil the cooperative attitude that conceptualizes the spirit of mutual aid and helping one another. With the collection of cash waqf, it makes it easier to be channelled for the sake of Islam, the welfare and socio-economic development of the Muslim ummah. Cash is also needed in developing lands that have been endowed so that the endower can reap its reward sooner and the recipients will enjoy its benefit.

Allah has promised tremendous reward for those that spend from their wealth, as the Prophet had stated that the rewards for those making waqf will not discontinue even after their demise. In the hadith of Abu Hurayrah, Rasulullah said:

“When a man dies, his deeds come to an end, but three, recurring charity, or knowledge (by which people) benefit, or a pious son, who prays for him.” (Hadith narrated by Muslim)

As such, Jabir, a Companion of Rasulullah, stated that the practice of making waqf became the part of the culture of the Companions of Rasulullah. Therefore, we as the Ummah of Prophet Muhammad that have been bestowed with the rizq (provision) from Allah, it is only befitting that we follow the footsteps of the Companions in making waqf as a manifestation of our shukur (gratefulness) upon the ni‘mah (bounties) bestowed by Allah upon all of us.

This coincides with the reminder from Allah that we are to always make infaq of our property through waqf, charity, and many more, for as long as we are still alive, as He mentions in verse 10 of surah al-Munafiqun:

“And spend [in the way of Allah] from what We have provided you before death approaches one of you and he says, “My Lord, if only You would delay me for a brief term so I would give charity and be among the righteous.”” [Al-Quran, surah Al-Munafiqun, verse 10].

Indeed, an endowment in the form of cash or money has been long implemented in several Muslim countries throughout the world. For example, in 1533, waqf of cash became very popular and widely accepted by Muslim communities in Istanbul, Turkey. It was not only for religious purposes but also utilized to finance municipal infrastructure for the ‘Uthmaniyah administration such as constructing roads, bridges, commerce centres, and others.

In the United States, the trust foundation that administers the wealth of the Muslims has implemented cash endowment since 1971. In result, they were able to purchase buildings to be converted into masjid, schools, colleges, and others.

In Singapore, cash waqf was introduced in 1972. More than 200,000 Muslim employees have made contributions via salary deductions through their employers, channelled to the Islamic Religious Council of Singapore (MUIS). Hence, more than 7 million dollars are accumulated annually for the building of mosques and religious activities.

History has recorded that when the Islamic College of Malaya (Malaysia) was established in Klang, aside from the palace that was given as waqf by the late Sultan Hishamuddin Alam Shah, cash contributions were also received from several philanthropists including the governments of Saudi Arabia, Kuwait, Bahrain, Egypt, Brunei, and private individuals, that this prestigious Islamic education was able to run its operations successfully. Such was the very role of endowment including the cash form, all of which plays a significant role in human development.

Verily, the wealth that we give away as waqf will increase our deeds when facing the misery of the Hereafter. It was narrated from Abu Hurayrah that Rasulullah said:

“The rewards of the good deeds that will reach a believer after his death are: Knowledge which he taught and spread; a righteous son whom he leaves behind; a copy of the Qur’an that he leaves as a legacy; a mosque that he built; a house that he built for wayfarers; a canal that he dug; or charity that he gave during his lifetime when he was in good health. These deeds will reach him after his death.” (Hadith narrated by Ibn Maajah)

To end, let us altogether ponder upon the following recommendations:

    1. The Muslim Ummah must have certainty that waqf is a practice that is highly recommended in Islam and it will be tremendously rewarded in the Hereafter.
    2. The Muslim Ummah must comprehend that waqf is not only confined to cemeteries, masjid, and Islamic schools but all types of wealth that benefits the religion and ummah.
    3. The Muslim Ummah must altogether empower the waqf of cash continuously, which includes salary deduction to the Selangor Waqf Corporation.

“And whatever good they do – never will it be removed from them. And Allah is Knowing of the righteous.” (Al-Quran, surah Al-‘Imran, verse 115)

Making a ‘Waqf’ of a Share from a Jointly Owned Asset?

Q: If I own a property jointly with another person, can I make Waqf of my half share?
A: This depends firstly on the nature of the waqf and then on the nature of the property. In the first instance, if the waqf is for the purpose of a Masjid or cemetery then it is necessary that the property being made waqf is…

This article is from alqalam.org.uk


Q: If I own a property jointly with another person, can I make Waqf of my half share?

A: This depends firstly on the nature of the waqf and then on the nature of the property. In the first instance, if the waqf is for the purpose of a Masjid or cemetery then it is necessary that the property being made waqf is the sole property of the dedicator and not subject to common ownership as the dedication of one joint owner is not enforceable upon the other.

As a result, the property would reciprocate being used as a masjid or cemetery for a period and then for another purpose for an equal period. This is not at all conducive to the proper etiquette due to a masjid or cemetery. Thus, the jurists are agreed that the waqf of property subject to common ownership for the purpose of a Masjid or cemetery is not permitted.

If the waqf is for other than a masjid or cemetery, and it is also not divisible, i.e., it cannot retain its normal utility if it is divided such as in the case of a well or stone mill, then it is permitted to dedicate such commonly owned property as waqf by general agreement of the jurists.

If the property is divisible, i.e., it can retain its normal utility if it is divided then there is a difference amongst the jurists. Imam Muhammad of the Hanafi School does not allow such waqf whilst Imam Abu Yusuf of the Hanafi School and the preponderance of jurists from the Maliki, Shafi’i and Hanbali schools allow it.

This difference is based on the difference of opinion in relation to the requirement of possession to complete the waqf. Imam Muhammad considers possession to be a requirement and so does not allow waqf of divisible property that is commonly owned. The majority do not require this and thus allow it. It would appear that the opinion of the majority is preferred not least because the dedicator or trustee has the right to demand separation of the waqf property if its management should prove cumbersome.

Administration Of Waqf In Malaysia

The waqf (i.e. wakaf / awqaf) institution is a permanent charity in the Islamic system. Waqf is an Islamic economic tool that can enhance and enhance the socio-political of the ummah. The famous waqf is the waqf of land and waqf of money (cash). The waqf of land is very familiar in society, most of its main goals for individuals or institutions donating land for waqf are for education and Religion.
Waqf of money is also a tool to improve the social economy of the ummah. Cash waqf is a form of certificate that will be offered to individuals or institutions as a way of earning money for planned projects.

The waqf (i.e. wakaf / awqaf) institution is a permanent charity in the Islamic system. Waqf is an Islamic economic tool that can enhance and enhance the socio-political of the ummah. The famous waqf is the waqf of land and waqf of money (cash).

  • The waqf of land is very familiar in society, most of its main goals for individuals or institutions donating land for waqf are for education and Religion.
  • Waqf of money is also a tool to improve the social economy of the ummah. Cash waqf is a form of certificate that will be offered to individuals or institutions as a way of earning money for planned projects.

Brief About Waqf
Waqf comes from the Arabic word, “Waqafa” or “hurbs” an Arabic masdar. In Islamic terminology, waqf means “a dedication of property either in expressed terms of by implication for any charitable or religious object or to secure any benefit to human being” which means to hold still and last long. In brief, Waqf is transferring personal properties into public properties.

Waqf asset cannot be disposed, its ownership cannot be transferred, only its benefits are to be used for the specific purpose(s), which is (are) mainly charitable in nature, and It is a voluntary charity characterized by perpetuity.

Although waqf is not specifically mentioned in the Holy Quran, the concept of wealth distribution is strongly emphasized therein. Distribution of wealth is a key issue in the modern economy to make it more dynamic, prejudice-free and entrepreneurial. However, a hadith narrated by Abu Huraira [May Allah be pleased with him (R)] is considered as the origin of this institution in the world of Islam:

Abu Huraira (R) reported Prophet Mohammad, peace be upon him, as saying: “When a man dies, all his acts come to an end, but three; recurring charity (sadaqa jariya) or knowledge (by which people are benefited), or a pious offspring, who prays for him.” [Narrated by at-Tirmizi in Sunan al-Tarmizi]

It is also evidenced in the Sunnah that many great personalities of Islam had waqf their properties in a different form.

The institution of waqf was developed throughout the Islamic history, since its commencement during the time of Prophet Muhammad (s.a.w) until today. The first Islamic waqf is the Mosque of Quba’ in Madinah al-Munawwarah, which was built upon the arrival of the Prophet Muhammad (s.a.w) to this town in 622 A.D370.

390635_61724363                  Mosque of Quba’

This was followed by many other waqf activities during the time of the Prophet and was further developed during the reign of the Khulafa‟ al-Rashidin and the subsequent period of Islamic ruling. The above kinds of waqf normally referred to as the religious waqf and there are other kinds of waqf such as philanthropic waqf which also include the waqf for educational purposes and posterity of family waqf.

Who’s Taking Care Of It?
In Malaysia, Waqf affairs are the responsibility of the Islamic Religious Council of each state. The Islamic Religious Councils are empowered to administer and manage Waqf properties. There are 14 State Islamic Religious Councils, one for each of the 13 states and one for the Federal Territory.

Beside the Islamic Religious Council, the government of Malaysia has formed a Department for Zakat, Waqf and Hajj (JAWHAR) under the Prime Minister‘s Department on the 27th March 2004 with the aim of making the administration systematic and effective.

puteri1                                   Waqf Hotel in State of Terengganu, Malaysia

Considering the classical definition of Waqf in the Islamic Law, the holding and preservation of property as common, whose usufruct and revenues are exclusively used for the defined aims and objectives, and prohibiting the use and/or disposition outside the defined purposes. The centralized administration of the Waqf properties under the state authority is important to ensure a proper record being kept and the state able to place a complete database of its Waqf.

In modern practice for the management of Waqf properties, a trustee from a government institution will be appointed. The trustee is called a Mutawalli or Nazir.

A Mutawalli is an individual who is appointed by the Waqif (founder of the Waqf). A Waqf is created for any religious cause and is not necessarily confined only to mosques and cemeteries. It can also be used to fund and maintain schools, hospitals, and other charitable institutions in the fields of education, healthcare, and even also in infrastructural works such as road, water canals, and bridges.

The appointment process of a Mutawalli is conducted in the light of the administration of Waqf based on the terms of the Waqf deed which certainly contains a provision for the appointment of an administrator or a Mutawalli. The power to appoint the Mutawalli is primarily within the jurisdiction of the Waqif as per Classical fiqh rules.

Furthermore, the Waqif could also choose an individual known for his trustworthiness as a Mutawalli to manage the Waqf property for the benefit of the beneficiaries. In case of Waqif‘s death, the office of the manager would go to the person appointed by him as stated in the Waqf deed. In the absence of such an appointment, the Syariah Court will appoint a Mutawalli for managing the Waqf.

Waqf: the Basic

Waqf means putting aside the original property and donating its benefits for the sake of Allah. What is meant by the original property is something from which benefit may be derived whilst its essence remains, such as houses, shops, gardens, etc.

Waqf means putting aside the original property and donating its benefits for the sake of Allah. What is meant by the original property is something from which benefit may be derived whilst its essence remains, such as houses, shops, gardens, etc. What is meant by benefits is beneficial to produce that comes from the original property, such as crops, rents, provision of shelter, etc.

The ruling concerning waqf is that the waqf is an act of worship which is recommended in Islam (highly recommended). The evidence for that is the Sahih Sunnah (Authentic Narration). One narration is from ‘Umar (may Allah be pleased with him), he said:

“’Umar acquired a land at Khaibar. He came to Allah’s Apostle and sought his advice in regard to it. He said: Allah’s Messenger, I have acquired land in Khaibar. I have never acquired property more valuable for me than this, so what do you command me to do with it? Thereupon he (Allah’s Apostle) said: If you like, you may keep the corpus intact and give its produce as Sadaqa. So ‘Umar gave it as Sadaqa declaring that property must not be sold or inherited or given away as a gift. And Umar devoted it to the poor, to the nearest kin, and to the emancipation of slaves, aired in the way of Allah and guests.” [Source: Sahih Muslim no. 1632 a]

Another authentic narration said that the Prophet (peace and blessings of Allah be upon him) said:

“When the son of Adam dies, all his good deeds come to an end except three: on-going charity (ie. waqf), knowledge from which others may benefit after he is gone, and a righteous son who will pray for him.” [Source: Sunan an-Nasa’i no. 3651] Jaabir said: “There was no one among the Companions of the Messenger of Allah (peace and blessings of Allah be upon him) who had the means, but he set up a waqf.”

There is the condition that the one who established the waqf should be one who has the authority to dispose of this wealth, i.e., he should be an adult, free and mature because a waqf made by a minor, a fool or a slave is not valid.

The contract of the waqf is done in either of two ways:

(1) By saying something that indicates that a waqf is being established, such as saying, “I make this place a waqf” or “I make it a mosque.”

(2) By doing something that customarily indicates a waqf, such as making a house into a mosque, or giving general permission to the people to pray there, or making one’s land into a graveyard and giving people permission to bury their dead there.

Image source: Evan Kirby

Kenali Wakaf

Apa itu Wakaf?

  1. Wakaf dari sudut bahasa – Berhenti, Menegah, Menahan
  2. Wakaf dari sudut syarak – Harta yang ditahan haknya daripada dijual beli, pewarisan, hibah dan wasiat. Harta tersebut juga dikekalkan sumber atau fizikalnya, dan manfaat dari harta yang diwakafkan diguna untuk kebajikan khusus atau umum kepada ummah dengan niat mendekatkan diri pewakaf kepada Allah SWT.

Jenis-Jenis Wakaf

  1. Wakaf Keluarga – Manfaat wajaf dikhususkan kepad ahli keluarga dan zuriat pewakaf. Contohnya, En. Ahmad mewakafkan sebuah rumah banglo di mana manfaatnya hanya boleh digunakan oleh ahli keluarga dan zuriatnya.
  2. Wakaf Kebajikan – Digunakan bagi tujuan kebajikan semata-mata dan terbahagi kepada dua (2) iaitu: Wakaf Am – Digunakan bagi tujuan umum dan tiada syarat yang ditetapkan oleh pewakaf. Contohnya, En. Ahmad mewakafkan tanah untuk kebajukan ummah. Wakaf Khas – Digunakan bagi tujuan khusus dengan maksud tertentu yang ditetapkan oleh pewakaf. Contohnya, En. Ali mewakafkan tanah untuk pembinaan masjid/hospital/rumah kedai dan lain-lain.

Jenis Harta Yang Boleh Diwakafkan

  1. Harta Alih – Sesuatu yang tidak kekal dan boleh berubah serta dipindah alih seperti wang tunai, buku, harta intelek, kenderaan, pakaian dan lain-lain.
  2. Harta Tidak Alih – Sesuatu yang terpasak di bumi dan tidak boleh dipindah alih seperti tanah dan bangunan.

Rukun dan Syarat Wakaf

  1. Pewakaf – Baligh, berakal, mampu menguruskan harta sendiri, tidak muflis, secara sukarela, berwakaf secara wasiat tertakluk kepada hukum wasiat dan pewakaf yang sakit tenat boleh mewakafkan harta tidak melebihi daripada 1/3.
  2. Harta Yang Diwakafkan – Harta yang halal dan boleh diambil manfaatnya, milik penuh pewakaf dan bukan harta orang lain, ditentukan secara jelas, boleh diambil manfaat secara berterusan dan boleh dipindah milik.
  3. Penerima Manfaat Wakaf – Orang islam atau orang kafir selain daripada kafir harbi (yang memerangi Islam).
  4. Lafaz Wakaf – Lafaz yang jelas contohnya: “Saya bernama _______ mewakafkan sebidang tanah milik saya di alamat _______, untuk kegunaan _______ kerana Allah SWT.”

Orang Islam Digalakkan Untuk Berwakaf

Firman Allah SWT (yang bermaksud):

“Bandingan (derma) orang-orang yang membelanjakan hartanya pada jalan Allah, ialah sama seperti sebiji benih yang tumbuh menerbitkan tujuh tangkai; tiap-tiap tangkai itu pula mengandungi seratus biji. Dan (ingatlah), Allah akan melipatgandakan pahala bagi sesiapa yang dikehendakiNya, dan Allah Maha Luas (rahmat) kurniaNya, lagi Meliputi ilmu pengetahuanNya.”(Al-Baqarah: 261)

Firman Allah SWT (yang bermaksud):

“Kamu tidak sekali-kali akan dapat mencapai (hakikat) kebajikan dan kebaktian (yang sempurna) sebelum kamu dermakan sebahagian dari apa yang kamu sayangi. Dan sesuatu apa jua yang kamu dermakan maka sesungguhnya Allah mengetahuinya.”(Ali-Imran: 92)

Fadhilat Berwakaf

  1. Mendekatkan diri kepada Allah SWT.
  2. Mendapat kebajikan yang berkekalan di dunia dan akhirat.
  3. Menikmati manfaat bersama dalam kalangan masyarakat.
  4. Meningkatkan sosio-ekonomi umat Islam.
  5. Mengukukuhkan perpaduan ummah.
  6. Mengekalkan pemilikan dan perkongsian aset umat Islam.
  7. Memakmurkan harta umat Islam.