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FREQUENTLY ASKED QUESTION

Waqf
1
What are the advantages of waqf?

Waqf is a form of property transaction that can benefit not only the person who perform waqf(pewakaf) itself, but also the recipient, the whole Muslim community and the government itself. In this connection, the pewakaf receives the reward of 'jariah alms', the recipients and the community can enjoy the benefits of the waqf property as well as alleviate the burden of government finances in providing assistance and convenience for the community.

2
What is the opinion of the Syariah(Islamic) about waqf?

The law of waqf is circumcision according to Jumhur Fuqaha '. Waqf are a very higly demanded and it is one of the blessings of jariah, which is a great reward from Allah SWT. Waqf is the claim of the Quran, the Sunnah and the practice of the Companions. Philosophy of waqf:

  • To draw closer to Allah SWT;
  • To increase taqwa to Allah SWT;
  • Eliminate the stingy nature;
  • Getting property continuously;
  • Benefit the ummah;
  • The development / for the use of orphans, the poor and others; and
  • Ensure the property is sustained in charity;
  •    

    3
    What is the opinion of the Ulama'(scholars) on Cash Waqf?

    Cash Waqf Law is ALLOWED (must). (The National Council Fatwa Committee For Islamic Religious Affairs Malaysia for the 77th which which convened on 10-12 April 2007 at Primula Beach Resort, Kuala Terengganu - Cash waqf is allowed in Islam).

    4
    Cash waqf is for what?

    To enhance the socio-economic status of the ummah in general and to strengthen the ukhwah by waqf practice and mutual help of fellow Muslims.

    5
    How can waqf contribute to socio-economic?

  • Providing job opportunitiesMenambah pendapatan orang ramai
  • Developing property and assets of Muslims
  • Creating new goods and services to the community
  • Giving help to those in need
  • Upgrading community life
  •    

    6
    What are the challenges in encouraging waqf?

  • Lack of understanding and awareness among the public about waqf worship
  • The waqf activities is not perfectly registered in accordance with the procedures
  • Physical state of the soil is not suitable
  • The invasion of the land of waqf
  • Waqf development fund is insufficient
  •    

    7
    What are the terms of waqf property?

  • The property must consist of something that it can take advantage of.
  • The waqf property to the waqf recipients existed at that time.
  • The waqf property can provide lasting benefits.
  • Waqf for good purpose only and does not violate Islamic law.
  • The waqf property is determined by type, shape, place, extent and amount.
  • The property has been repaid by all payments and claims on it and becomes a full possession from tohose who perform waqf.
  •  

    8
    What is the Difference Between Waqf and Sadaqah?

    Waqf is the practice of giving up property that can use it's benefits to be shared together with the purpose of bringing closer to Allah SWT where the waqf property must be permanent, waqf property can not be sold, inherited, taken back and cannot be reserved because it has belong to Allah SWT forever. The rewards for those who perform waqf of the reward will flow and long lasting as long as the waqf property can still be benefited. The fuqaha 'argue that waqf is the only form of charity that is jariah (permanent) because the concept of waqf is permanent in nature. Sadaqah is the practice of giving any form of property to the poor, the needy, the orphan or the person who desires sincerely because of Allah S.W.T and given the reward from Allah S.W.T. Sadaqah can be done in any form of goods such as food, clothing, money and promanent property. "And what is said to do good is the one who gives their property to the poor, orphans, the poor, ibn sabil and those who do wish”. (Surah Al-Baqarah (2) : 177)

    9
    What is the difference between Waqf and Zakat?

    The law of paying Zakat is mandatory while the law of practice of Waqf is allowed (must) in the Islamic law. Zakat is a duty of issuing certain property to be given to the specified asnaf at a certain rate which is one of the pillars(rukun) found in the Pillars of Islam. The benefits of paying zakat are to purify themselves from the nature of stingy and greedy by spending their wealth on the path of God S.W.T. The practice of Zakat also can nourish the property of the payer besides ensuring that the property is clean from the rights of others. The statement/principal to pay zakat is as follows: "And establish the prayer and zakat and obey the messenger(Rasul) so that you may obtain mercy." (Surah An-Nur (24): 56).

    10
    How does someone want to waqf their wealth to the path of Allah SWT?

    When someone wants to waqf their property to the path of Allah S.W.T, they just need to provide some of the following things:

  • The applicant must fill out the general waqf form at their respective District Religious Office by enclosing a copy of the identity card, original land title, land tax receipt and area plan to be waqf.
  • Once all information has been completed, the applicant shall pronounce the waqf pledge in front of  the Khadi / Religious Officer of the respective District..
  • Applicants must also fill out and sign the form 14A / 12B to request the transfer of land in front of the respective district land administrator.
  • Then the District Religious Officer will submit the application to the Secretary of the Kedah Islamic Religious Council for the application of waqf land and to be the property of the Kedah Islamic Religious Council.
  • 11
    Where will the waqf funds be channeled?

    Waqf funds will be collected in a special tube and will be channeled for educational, health, social services, facilities and investment purposes.

    12
    Can wakaf assets be invested?

    Allowed to be invested either through direct investment, or joint partnership between various people who perform waqf (pewakaf) in one portfolio, or through the issuance of waqf shares, as an encouragement for waqf activities and the realization of the joint partnership. Investments must be in the authorized sector that allowed by Syarak, as well as in accordance with the nature and type of waqf assets, in order to achieve the waqf benefits(maslahat), to safeguard the value of the original waqf assets, as well as benefits for waqf's beneficiaries. (Akademi Fiqh Islam OIC (Majma’ Al-Fiqh Al-Islami) pada persidangannya yang ke-5 di Muscat, Oman, pada 6-11 Mac 2004)

    13
    Can give waqf to non-Muslims?

    The Ulama' as-Syafie, waqf is "allowed"(harus)  to non-Muslims or zimmi, for which it is not intended to commit immorality. This is because it is permissible for these groups, so they are obliged to pay waqf to them. If it is probable that a waqf will commit immoral property, then the waqf will not be valid because the immorality will eliminate the purpose of waqf.

    14
    Who deserves to get the benefits of waqf?

    People who are eligible to receive the benefits of waqf are Muslims, independent and zimmi *. Waqf administrators should be those who are able to make the wafq's as a way of taqarrub (closer) to Allah S.W.T and for the sake of Islam only.

  • *zimmi: non-Muslims people living in the territory of the Muslim community, They follow their rules, pay taxes, and not hostile to Islam.
  • 15
    What are the requirements for those who want to perform waqf?

    The requirements for those who want to perform waqf are:-

  • Baligh;
  • Reasonable (perfect mind) and sane mind;
  • The property to be devoted shall be wholly owned by those who perform waqf (Pewakaf);
  • Perform waqf voluntarily without any coercion from anyone.
  • 16
    What is the pillar/principle (rukun) of waqf?

    Pillars of Waqf divided into four sections:-

  • Those who give waqf (waqif);
  • The waqf property (mawquf);
  • Beneficiary of waqf (mawquf ‘alaih); and
  • Waqf statement (sighah).
  •  

    17
    If I meet cash money, can I waqf that money?

    Cannot, because it's not a perfect property (not your own property).

    18
    Can accept wakaf from non-Muslims?

    Allowed. The Ulama' of 'as-Syafie argue: Waqf from a non-Muslim is valid even for the mosque although it is not intent to taqarrub *. They will be rewarded for their charity in the world, but in the hereafter no reward given. Sabda Rasulullah s.a.w: “Allah tidak akan mengabaikan kebaikan seorang mukmin, dia akan diberi ganjaran di dunia dan di akhirat. Orang bukan Islam pula akan menerima ganjaran kebaikan yang mereka lakukan kerana Allah semasa di dunia sahaja. Adapun di akhirat kelak, tiada apa-apa habuan dan ganjaran kebaikan untuknya”. (Riwayat Muslim)

  • *taqarrub: efforts to draw closer to Allah.

  • Zakat
    19
    I forgot to pay zakat last year. What to do?

    Zakat which has not been fulfilled in the last year is compulsory and need to be replaced (qada’) after realizing it.

    20
    Is it compulsory for the students who receive the scholarships, to pay zakat as zakat paid by working people?

    The scholarship money is not required to pay zakat because it involves daily spending on learning matters. Furthermore, it always decreases from time to time and is not enough for a year that has been set by the Islamic law (Syarak) to qualify it for issuing zakat.

    21
    Does this help from zakat must be paid back?

    No, all the assistance given is not in the form of loans and no need to pay back.

    22
    Can I pay the zakat directly to asnaf not through amil?

    Yes, it can and the law is valid, but our live now is not like the old days where the Islamic faith (Iman) is very strong when enough nisab and haul they directly seek out the asnaf.. The government has also instructed to collect zakat from the rich and to be given to those who need the general benefits and restructure the way of zakat.

    23
    Will the savings in Tabung Haji need to be issued the zakat by the owner?

    The money saved in Tabung Haji had paid its zakat by the Lembaga Tabung Haji on behalf of depositors. This is the result of the Persidangan Jawatankuasa Fatwa Majlis Kebangsaan Bagi Hal Ehwal Ugama Islam Malaysia for the 17th which convened on May 3, 1979 to discuss Zakat Payment by Tabung Haji.

    24
    How zakat distribution is done?

    The distribution of zakat should be carried out in accordance with the priorities of the asnaf poor, poor, amil and muallaf. On the basis of this principle, if the provisions for these four asnaf are insufficient, then the transfer of the provisions of the other asnaf shall be made by prioritizing these four asnaf. The distribution of zakat should be based on the priority and needs of the asnaf.

    25
    Can zakat given to non-Muslims?

    Yes. Its law is a must if the origin of its purpose is to preach and draw them to Islam. This shows Islam is practical and accurate to be implemented.

    26
    How to identify al-Kifayah limit of zakat?

    The basic needs that are taken into account in the determination of al-Kifayah limit are:

  • Protection
  • Food and drink
  • Clothing
  • Medicine
  • Education
  • Transportation
  •   In a family, the kifayah limit varies by individual, the number of members in the house also affects the rate of kifayah limit. Where the greater the family, the al Kifayah limit is increased.

    27
    How do I calculate zakat income?

    There are two guidelines to calculate zakat income either:

  • 2.5% of total gross income per year (if the income exceeds nisab) or
  • Paying zakat after deducting basic expenses that are allowed (based on the allowed method of rejection and Kifayah limit). This is a more accurate calculation.
  • 28
    Can zakat be paid if the money is a source of income from illegal sources? What is an example of illegal sources?

    It is not obligatory to zakat because it does not fulfill the obligatory obligations of zakat.

  • According to Ulama, the property obtained from illegal sources is illegal. Prophet  Rasulullah S.A.W. said, which means: "Allah does not accept any charity from the illegal source".
  •   (Riwayat Imam Muslim)
  • Examples of these are illegal sources such as bribes, usury, gambling money etc.
  • 29
    Can zakat be paid if the source of income is from a syubhah source?

    It is not obligatory to pay zakat as the syubhah money is closer to illegal and dubious sources.

    30
    Why the basic requirements such as home, car, bills and other liabilities not taken into account in the assessment of income zakat?

    The determination of the permitted limit of kifayah has taken into account the basic needs of food, clothing, education, health, transportation and equipment / employment support.

    31
    I own a rental house around Shah Alam. Am I obliged to issue zakat as a result of rent collection, while at the same time I also have to pay home debt to the bank during the purchase of the house?

    Only the surplus of the balance of the rent will be included in the count of other income. For example:

  • Sample of calculation:
  • House rent collection per month: RM 1,000
  • Monthly bank installment payment: RM 800
  • Balance from rental: RM 200
  •   Only the value of the rental balance of RM 200 for a year is RM 2400 only which must be included in the calculation of the zakat property mustaghallat and after deducting other costs such as home repairs and so on.

    32
    If my wife and I both bear children, how to make deduction for their expenses? Can it be divided into two?

    If you and wife together bear the child, the best way for deduction of haddul kifayah is by equally divided the estimates of that haddul kifayah.

    33
    What is the difference between zakat income and zakat saving?

    Zakat income is seen from the salary, income from free work, rental revenue and grants earned during the current year. The Mufassirin such as Imam As-Suyuti argues, the word " مَا كَسَبْتُمْ" is a mubhamah and give the general meaning covering any kind of work and effort undertaken by a person. Therefore, all property acquired from any kind of effort and occupation is accounted for the property that is obligatory to pay zakat. As for zakat money, it is the source of money that has been in the previous year. Zakat savings is charged on the end of the haul which hits the current nisab, while zakat income is charged to the amount left after being deducted for the limit of kifayah and if the balance exceeds or equal its nisab.

    34
    I am obliged to pay zakat income but at the end of the year the money has been used. Am I still obligated to pay zakat income?

    Yes, zakat must be paid in installments until finished and it is considered as a debt that needs to be expedited.


    Donation and Gifts
    35
    What is meant by charity(sadaqah)?

    Charity(sadaqah) is the practice of giving any kind of property to the poor, needy, orphans or those who wish sincerely for Allah S.W.T and get reward from Allah S.W.T Sadaqah can be done in any form of gift such as food, clothing, goods, money and permanent property.

  • "And what is said to be good is the one who gives their beloved property to his poor, orphans, ibnu sabil, the destitute and the needy".
  • (Surah Al-Baqarah (2) : 177)

    36
    Can charity(sadaqah) given to our own family members?

    We are allowed to donate(sadaqah) to family members themselves whether brothers or sisters, mother or father.

  • Hadith from Prophet Muhammad peace be upon him: "That person is a sinner if ignoring the person to be given a living " 
  • (Hadis Riwayat Muslim and Abu Daud)

    37
    How if charity in the form of money used to pay friends to eat?

    It is allowed and should be for us to grant alm(sadaqah) in the form of money to pay our friends' meal.. It is also considered alms and we will receive two rewards (reward of charity and friendship).

    38
    Can the fidyah be paid directly to orphans?

    Yes. If orphanage belongs to the category of poor and needy.

    39
    Is it obligatory for a child to make up the fast for a sick mother or father old and senile?

    There is no need for replace fasting for a sick mother or father, but can pay fidya for the fasting they has left.

    40
    How are the way to pay fidyah for parents who are incapable of fasting and when should the fidyah be paid?

    If not able to continue, pay fidyah immediately after Ramadan passes. If it is unable at that time only, then after that he was able to do so, shall be making up fast and if beyond the year must perform qada' and pay the fidyah.

    41
    After qadha the fasting, does the deceased's heir also need to pay fidyah?

    After completing the fasting of the deceased, this means the heir is no longer required to pay fidyah fasting again for him.

    42
    What is the purpose of the will?

    Will is a wish or desire expressed orally or written by someone about his property to be dealt with after his death. But verbal wills are exposed to defamation due to unclear and disputable instructions among heirs.

    43
    What is the purpose of the grant?

    Grants are awards, gifts or rewards involving an agreement that contains the granting of property rights by the property giver to one person willingly during his life on the basis of compassion and humanity without renewal or exchange.

    44
    What does faraid mean?

    Faraid in terms of language means determination. According to the terms of the division of the estate after the death of a Muslim who has been established under Islamic law on legitimate or qualified heirs (such as children, husbands, wives, mothers, fathers and others). Property that is divided into heirs is the balance of the property left after deducting any mortgage financing, the heirs' debt whether religious in nature (such as zakat, votive and others) or debt to human beings and to fulfill the authorized will of syarak. There are three groups of heirs who qualify them to receive  inheritance, first, through their offspring, marriages and even '(kinship relationships). Heirs' wife also who are eligible to receive an inheritance in the marriage relationship.

    45
    Is the will important?

    Yes, it is very important because:

  • Accelerate the process of inheritance power.
  • Avoid inheritance disputes.
  • Protecting the future welfare of children.
  • The wife gets the right entitlements.
  • Make sure the property is distributed according to the wishes.
  • There is no need to face bureaucracy.
  •  

    46
    What type of property that can be bequeathed?

    Property is divided into two types, namely immovable property and movable property.

  • Immovable property such as:
  • Land
  • Home
  • Field
  • Building
  • or all that is attached to the ground
  • Movable property, is a property other than immovable property such as:
  • Money (saving / current) in the bank
  • Tabung Haji
  • KSWP
  • ASB
  • Trust units
  • Shares
  • Cars / motors
  • Jewellery
  • 47
    Who is the most critical to make a grant?

    Those who have no good relationship between them and they have no sons. This is because the son is generally hijab to the siblings of the deceased.

    48
    What is the grant offered by MAIS?

    There are 3 types:

  • Basic grant
  • Trust grant
  • Conditional Grants or Cash Grants
  • 49
    What is the difference between the grant above?

    Basic grant :

  • These grant directly implemented while the donator(penghibah) are still alive. The property must be free of debt that it belongs to the absolute proponent. For the property of the grant it does not include cash and consists of only houses, cars and so on.
  • Trust grant :
  • This grant appoints MAIS as a trustee for the property. The recipients of the grant are disabled children or children. So donator appoint MAIS for maintaining the properties until the child was 18 years old.
  • Conditional Grant :
  • For property that is granted after death, the property must be covered in full insurance / takaful. Otherwise the death grant can not be made such as home. This grant is granted to the recipient of the grant after the death of the donator(penghibah), therefore it is termed a conditional grant. The donator is dead. This conditional grant asset consists of two types of cash and immovable property such as home. This conditional grant or cash grant consists of several components namely savings and khairat grant. The value of khairat grant is determined by the donator(penghibah) himself not subject to the allocation of the estate. This grant is excluded from the allocation of the estate.
  • 50
    Who is my faraid heir?

    I explained the easy way first. Faraid's heirs consist of our spouses, children and fathers.

    51
    In addition to those above, who is my faraid heir?

    Faraid's heirs consist of 3 main categories:

  • Main heir
  • Alternate heir
  • The second heir
  • The Main Heirs are:
  • Wife
  • Father
  • Mom
  • Son
  • Daughter
  • This Alternate Heir, if the primary heir is absent then will be replaced by alternate heirs such as:
  • Father of father (grandfather)
  • Mother of the father (grandmother)
  • Mother of mother (grandmother)
  • Son of a son (granddaughter)
  • Daughter of a son (grandchild)
  • The Second Heir is the eligible heir of inheritance if there is no main heir and alternate heir. Those eligible are:
  • Brothers of the same parents
  • The brother of the same father
  • Her brother
  • Sister of the same parents
  • Father's sister
  • Mother's sister
  • The son of the same parents you guys (the nephew)
  • Son of a brother (nephew)
  • Brothers of the same parents of boys to the father (father's brother)
  • Brother of a man to a father (a father)
  • The son of the man to his father the same parents (cousin)
  • Son to his father to father (cousin)
  • 52
    Why do many problems arise after death although the faraid is embodied in the Quran?

      Because many problems arise from human hearts who want the property to exceed the obligations Allah has given. Among other reasons are:

  • The heir does not know the claims process of the estate
  • Cost of claiming expensive estate
  • The heir does not know faraid law
  • The estate claims process takes a long time
  • Make a will contradicts with syarak
  •  

    Updated:: 04/10/2018 [nuruliman]

    CENTRE FOR MANAGEMENT OF WAQF, ZAKAT AND ENDOWMENT (WAZAN)
    Universiti Putra Malaysia
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