Part    III

 

 

Wakaf; The Forgetten Legacy

 

 

 

Western colonial secularism and weaknesses of the Waqf management system have managed to put aside this great institution from the Islamic economic system. It is time for Muslims today to see, evaluate and restore the legacy of the waqf and put it back to the original place to ensure that Muslims are no longer deprive of various resources in the pursuit of a borderless world. This series III explains why the Waqf has long marginalised, need to be sown and re-applied in Islamic society today.

            Conscious or not, the practice of a waqf is a matter that is highly encouraged by Allah s.w.t through verses that forbid people to do good deeds. The verse that promotes charity work (alaadhina amanu wa 'amilu' l-legit) is mentioned by Allah s.w.t not less than 37 times in the Qur'an as in Surah Al-Maidah, Al-Haj, Al-Baqarah, Al-Imran and Al- Thaqabun. The faquha also concedes that the fundamental purpose of man to practice waqf is to do good (qurba) and to draw close to Allah s.w.t (taqarrub). It clearly shows that true Muslims are encouraged to do good deeds and to do virtue at the expense of their loved ones for the reward promised by Allah s.w.t later on. Rasulullah saw, and his companions also handed over the most treasured property they had for the benefit of the religion and the Islamic community through the practice of waqf. In a hadith, the Messenger of Allah (peace and blessings of Allah be upon him) said, among other things, “... if the son of Adam had died, then all his deeds would be broken except for three; charity, knowledge used and soleh children who pray for both." (Bukhari's Report and Muslim). The scholars conclude that the charity in the hadith above intends as waqf. In another hadith narrated by Bukhari, Rasulullah saw has explained the waqf as his saying, "... it is a valuable treasure, that is a valuable treasure, I have heard what you say about Bairaha. Indeed, I think that you should make it a charity for the kin, then Abu Talha makes it a waqf for his kin...".

                 The scholars concluded that waqf is a charity that is prescribed in Islam and has become a practice among the companions of the Messenger of Allah (peace and blessings of Allaah be upon him) and worshipers of charity, as said Jabir r.a, "... none of the companions of the companions was able but to give waqf. It has become ijma', then the person who can afford the wealth from among them has done it, and it well known that, so no one objected to it, so it was such ijma'.” According to Iman Shaffie, after Saidina Umar's waqf event in Khaibar, 80 friends in Medina have sacrificed their loved ones for waqf. Among them included Saidina Ali r.a who had landed his land and home in Egypt, Abu Talha surrendered their beloved gardens, Umar, Saad, Arqun, Abu Bakr and Zubair to their houses in Mecca and Medina to the Trust. Before the Messenger of Allah (may peace be upon him) died, the Prophet (peace and blessings of Allaah be upon him) had ordered all the companions and Muslims all in a hadith. "... I have left you two things where you will not go astray as long as you hold on to both Al-Quran and the Sunnah of the Prophet...". Allah swt also state in (Surah Al-Ahzab)  “...certainly in the Messenger of Allah is a good example of ...". The dedication of Allah swt and the Messenger of Allah and the practices of the companions as explained above is a factor that should be the motivation for all Muslims to restore and reinstate the practice of bereaved after a long time to be marginalised in every aspect of the life of the ummah.

             The uniqueness and greatness of waqf institutions can also be seen clearly in the economic sector. The conventional economic sector now being practised only covers only two sectors, namely the government and the private sector. On the other hand, Islamic economics encompasses three sectors, namely the government, private and social sectors. Waqf institution is located in the social sector or also called the third sector. This third sector plays a role in assisting the administration of the government in meeting the needs of the people's lives. During the tremendous Islamic era, there was no Department of Works because of the construction of infrastructure such as roads, bridges and so forth made through community contribution into this third sector. The role this third sector has been recognised and practised by Western countries. They have now begun to see the potential and needs of the third sector in generating and developing society. The work of Jeremy Refkin, The End of Work, has received a warm welcome and became the most popular reading material in the United States. The book emphasises the importance of the third sector called the Philanthropic Sector to practise as an alternative to reducing the burden of the government towards more comprehensive community development. In 2002, for example, this third sector contributed $US240.92 billion in the United States. A study conducted in 1993 by the American Association of Fundraising Counsel (AAFRC), Trust for Philanthropy found families in the United States on average contributing $ US646.00 which is 1.7% of their total income into this third sector. The concept of the third sector as described above has already been practised in Muslim societies through the institution of waqf in the last 1400 years ago.

                         Waqf institution is also an alternative that can use as a source of funding in various sectors and fields. By returning and restoring the institution of waqf to its original place; the development of Muslims will continue to implement in multiple areas of life such as the economy, social, politics, education, business, defence, agriculture, religion, science and technology and so forth. Waqf will be able to function as another source of state financing in managing and managing the above sectors. People will be more independent without expecting government assistance. In Islamic times, for example, education, health, welfare, research, and other industries are donated through the source of waqf. The concept of waqf in various terms such as Endowment, Foundation, Trust Fund and Estate Planning has become a practice in the lives of people in Western countries. It uses as a source of funding in various fields such as research, education, health, defence, poverty eradication and the like which aims to improve the quality of life. The AAFRC survey shows that ten sectors have benefited from the contribution of $ US240.92 billion as mentioned above. The religious sector received $ US84.28 billion, education ($ US31.64 billion), community services ($ US18.65 billion), health ($ US18.87 billion), undistributed grants ($ US30.45 billion) ($ US11.60 billion), art, culture and humanity ($ US12.22 billion), animals and the environment ($ US6.59 billion), international affairs ($ US4.62 billion) and contributions to the foundation of $ US22 billion. In the higher education sector, the study by The Sutton Trust found ten leading universities in the United States and the United Kingdom each earning $ US46.4 billion and $ US7.628 billion in the form of endowments. A study by the National Association of College and University Business Officers found a total of $ US194 billion endowment accumulated in 120 universities in the United States.4.

                     The poor poverty issue which is a common phenomenon among the people in Islamic countries will be able to be eradicated by re-applying the waqf institute. In this context, waqf institutions function and serve as social security in providing basic facilities to meet the socio-economic needs of society. Resources and acquisition of waqf property can channel to the needs of those who need to be funded by necessities such as food, clothing, shelter and treatment requirements. These social guarantees can make in the form of livelihoods, capital raising, development or construction of infrastructure that can encourage them to work towards a perfect life enhancement. Treated land and buildings, for example, can be rented or leased to the poor at a minimal rate. The proceeds obtained through the development of waqf properties can use as a fund to build training centres and skills, homes and residences or provide capital for these people to run projects based on their survival skills or survival skills. An easier home construction project for the poor such as residents in squatter areas can also develop on these waqf lands. The leasing program and building a waqf house on this waqf land has been implemented by Kariah Masjid Meru, Kelang, Selangor. This project has helped the homeless people to grow and inhabit more comfortable homes. Thus, it has been able to realise the desire of the State Government to reduce urban and rural poverty rates by providing infrastructure (social security) through effective management of waqf institutions.

                       Furthermore, the policy and policy of the government to produce a prudent, caring and responsible society will realise by re-applying this institution among Muslims. Even though the freedom of ownership of property is permissible, however, Islam has set specific rules and guidelines to avoid irregularities and to prevent such property from being dominated by a group. In this case, Allah s.w.t reminded humanity as in Al-Quran (Al-Qashash: 76-84) and the occult event of Tsa'labah bin Hathib Al Anshari and his lousy character to his wealth that has led to the destruction of his life (At-Taubah: 75).  Islam encourages the ummah to spend the wealth of the property owned by the race to pursue the good of being closer to Allah s.w.t as described in (Surah Al-Imran, 114-115), (Al-Anbia, 73 & 90), (Al-Mukminun, 57- 62), (Al-Fathir, 32), (Al-Muzzammil, 20), (Al-Thaghobun, 16-17), (At-Taubah, 104) and (Al-Baqarah, 270). In this context, the practice of waqf to Muslims in search of and spend their property in the best way possible without wasting the word of Allah s.w.t in (Surah Al-Mulk, 15), (Surah Al-Baqarah, 168), (Surah Al-Isra, 27 & 29). A study conducted by Birol Baskan of Northwestern University, USA, proves that the waqf system is the best food that can use in redistributing wealth among rich and poor communities. Strictly speaking, the practice of waqf can not only erode greed, envy, betrayal and elbows but it can give birth and foster a society that loves each other. The desire of the government to produce a civil society that respects the rights of others by holding strong ethical and moral principles will achieve.

               Judging from the administrative and legislative aspects, waqf institutions cannot be denied the role of good governance. Islamic law is the best law compared to the Common Law, the European Law (Continental Law) and the Socialist Law (Communist Law) which recognises the rights of private and public property. In the English legal system, for example, individual-owned land to be developed for community facilities will be seized with compensation payments lower than the current value. Meanwhile, in the socialist legal system, the area was confiscated and handed over to the public. In Islamic jurisprudence, the public is encouraged to donate their property (individual property) to their ownership and benefits to the larger (public) community without any pressure, pressure or pressure from the government. The individual's tendency to donate wealth without coercion to society can ensure the government realises good governance. Good governance comes from people without any compulsion or pressure elements. Good governance in a country form with the goal of maintaining the perfect life for all its citizens.

                  The continuity of socio-economic development of Muslims will continue to realise through the capital and funding obtained through the benefits of waqf properties. The ownership of waqf property will benefit and become the source of the economic power of the Muslim community. The development of social research, science and technology will not only ensure Muslims can compete with the achievement of the greatness of non-Muslims but at the same time will be able to regain the prominence of the long-forgotten Islam. Capital deprivation, funding and financial resources have become one of the main reasons that led to the deterioration of the Muslim community in various areas of life. YAB Prime Minister, Dato 'Seri Abdullah Ahmad Badawi and former Prime Minister Tun Mahathir Muhammad often suggested Muslims look back, evaluate and re-apply the Islamic system in ensuring that Muslims continue to advance in various areas of life.

 

 

Dr. Razali Othman

Director

Center for Management of Waqf, Zakat dan Endowmen (WAZAN)

 

 

 

 

 

 

 

 

 

 

 

 

Date of Input: 01/10/2018 | Updated: 06/10/2018 | m.jazmi