Part   1

 

 

Waqf; The Forgotten Legacy

 

“… Infrastructure of construction like roads, bridges, irrigation system, charity services for example hospital construction  care for poor people and for those  who need several support , education services and culture like school construction, libraries, universities, that giving some scholarship toward student who are needy and educator salary payment; services of religion for instance mosque construction and salary payment for people who are involving in religion which are all performed through waqf”.

(Bahaedin Yedyyildiz, Place of the Waqf in Turkish Cultural System)

 

           

                    Episode of the above give an exact summary about the greatness and function of the waqf  in life of Muslim community. Unfortunately, contribution and function of waqf  in community development are disappeared in this  modern economy era, until the greatness of this institution  only associated  with madrasah, mosque and cemetery. The glories of waqf institution are marginalized and forgotten. The truth of waqf are from legislation of Islam acceptance and today western society are actively practicing through philanthropy activities by using many term  for instance foundations, charitable funds and endowment. The function of waqf  is gone before the time comes. This is the question that should be reflected in and contemplated by the universal Muslim community.

                  According to Heffening, the waqf institution was developed as early as the first century after the migration and has become rigid legislation in the second century after the migration. The practice of treating the property for the good things (qurba) and  making closer to Allah SWT (taqarrub) is a property transfer  and benefit from a person (pewakaf) to a predetermined party (beneficiary beneficiary) of a permanent nature. This practice illustrates a system that focuses entirely on the happiness of the universal human being. Pewakaf will feel delighted because able to help those who need help driven by the conviction to gain the blessings of Allah SWT, while the benefactor is  feel thankful because his basic needs are fulfilled. Finally, elated, happiness and gratitude are collectively fulfilled in the life of society without causing any conflict between one another.

                  Although waqf is known, but its different approaches and uses that can makes sometimes cause confusion. This is because the Al-Quran and Al-Sunnah do not guide in detail about how the waqf property should be managed. According to Wahbah al-Zuhaili most views of the fuqaha 'in terms of waqf based on their ijtihad. Therefore, it is not surprising that there are differences in opinion among fiqh members when it is debated in the experience, socio-cultural, influence of legal or sectarian school , the structure of political power and the legal system in  that country.

               However, the concept and purpose of waqf can be seen in the hadith narrated by Imam Bukhari who has become locus classicus among Islamic scholars when discussing waqf. Among the purposes of the hadith is;

 

"That Saidina Umar ra said: O Messenger of Allah, I have acquired the property which I have never earned before and I want to approach Allah SWT through it ... then answered by Rasulullah SAW, Hold (wakafkan) of the property and donating from that gained. Then Saidina Umar raises his property (acquisition land in Khaibar as a charity that cannot be sold, bought and inherited ... ".

       

                If we look at the above hadith, it is clear that the waqf concept is one of the mechanisms for the generation, transfer and distribution of property wealth in Islamic society. The privilege and uniqueness of waqf lies in the concept of separation between the right of ownership and the right of use. Benefit will be gain from that basis and can be enjoyed from the permanent waqf assets as it does not rely on a temporary entity of ownership as noted in the hadith narrated by Imam Bukhari and Muslim that the Prophet (peace and blessings of Allaah be upon him) mean to said ; "... If Adam's son had died, then all his deeds were disappeared except for three; charity, scholarships and children who pray for both ... "

              The scholars were concluded that the charity that mentioned in the hadith above is intended for wakaf practice. Waqf has been used not only as a mechanism for the redistribution of wealth but also to strengthen the capabilities of individuals and communities who need of support by providing routes for indispensable fundamental facilities such as lending capital, nutritional food distribution, libraries, madrasahs, schools, university, hospitals, boarding houses and welfare facilities, and infrastructure facilities (bridges, roads and drainage systems). The Public Works Department responsible for planning, developing and controlling the country's infrastructure has never existed throughout the Islamic government because all these tasks have been implemented by the community through the institution of waqf. Princess Zubaidah, the wife of the caliph of Harun al-Rashid, for instance, has built roads from Baghdad to Mecca for the convenience of pilgrims who perform Hajj through the treasures they were waqf.

                    Ibn Battutah, one of the sailors who visited Damascus in 726 AD, was mentioned in his book Rihlah Al-Batutah that the diversity and expense of waqf was stunning. There are various kinds of waqf such as waqf for those who cannot afford to perform Hajj in Mecca, waqf for contribution of marriage to women whose family has no support, waqf to liberate offenders, food waqf, clothes, increase public facilities such as roads and sidewalks that can convenience for people. He also noted "... while I was walking in the city of Damascus, I was saw a slave accidentally dropped a porcelain pot from China. The servant was frightened and surrounded by the crowd. One of them had asked the servant to pick up the debris to bring to the waqf manager. He has brought the debris and has received the same payment as for the price of the rookie ... "That is so great the role of waqf that does not differentiate between the concept of master and servant.

                  In the middle Ages, according to Professor Norman A. Stilman most of the welfare and social services in the Muslim world were donated through wakaf. This institution has fulfilled the vast welfare function of Lord Macnaghten in the late 19th century in his comments on the English Charitable Act, "... poverty reduction, educational advancement and religious development and any other purpose that give benefits to the community although was not included in any of the listed categories ... " in DS Power  study toward development of the waqf institution in Juruselam between 1525-1572 has identified more than 35 treasured properties for community welfare benefits such as shops, residential houses, halls, corporate buildings , farms, plants, ponds, printing and universities. In fact, according to Professor Dr. Yusof Al-Qardawi in his book Poverty and the Way of Islamic to Overcome the Muslims are very sensitive to the various wishes and needs of Allah SWT, no matter how small the wishes and requirements are. They also treasure the property to set up hospitals to treat sick animals and feed on the roaring dogs. If they are so attentive to observe the well-being of abandoned animals, how is their service to humans as glorified beings?

             Studies show during the Seljukid era and the Ottomaniah empire from the middle of the 8th century until the late 19th century, thousands of individuals regardless of their understanding and self-interest have benefited their property for the advancement of society. 300,000 waqf have been administered under the administration of the sanjak. The waqf budget reaches one-third of the Ottomaniah government's total budget. Individual wealth turned into thousands of villages and hundreds of cities through the concept of waqf. Spiritual, intellectual and biological needs of cities are considered as a city for security by the great Turkish philosopher Farabi. It is developed through 3 phases namely the complex phase (comprising synagogues, health and education services, guest houses, food distribution centers for the poor, hospitals, ponds, public water services, and cemeteries), the kulliye phase (comprising business buildings, shops, bazaars, closed markets and traders' houses), and the third phase houses the settlements. The mosque has been built and placed in the center of the city as a center of excellence in knowledge. Du Frasne Canaye, who visited Istanbul in 1576, described the Turkish city as a city that exists through the relationship between nature, man and God through waqf.

                  The role and function of waqf also flourished throughout the Ottomaniah empire. According to M. Kiel, a Dutch orientalist in his study of the role of waqf in Turkey that the desolate area in the southeast of Bulgaria, between Filibe and Edirne, which was difficult to inhabit was developed through wakaf under Turkish rule. A total of 142 universities, 273 bridges, 16 guesthouses and others have also been funded through waqf. In Cyprus, in 1879 there were 87 schools and universities, 9 charity homes and 3 public water services for the benefit of the community. 800 and 786 universities are developed through waqf in Cecennestan and Azerbaican. Bonda Sultan Abd. Hamid I has been accrediting Ghuraba El Muslimin hospital in Istanbul who has been providing treatment services to more than 35,900 patients each year. The role and power of waqf in the Ottomaniah empire was said by Professor Baheddin Yedyyildiz, "Thanks to the waqf that flourished during the Ottomaniah empire; human beings are born in waqf houses, sleeps in waqf swings, eat and drink from waqf properties, read waqf books, receive education at waqf schools, receive wages from the administration of waqf and when these men die, are placed in a coffin and buried in grave grounds diwakaf ... ". In fact, at the end of Ottmaniah's empire the three-quarters of the Arab land was a land of waqf. In the mid-nineteenth century; half of the land in Algeria, one-third of land area in Tunisia, one-eighth of Egypt's land is a land of waqf.

               The waqf model has also influenced western society as an important foundation in community development through the establishment of educational institutions, social services and welfare. In 1264, Walter de Melton, who had served as Chancellor of England's King at Juruselam, established the Melton College at Oxford University through the concept of waqf. The three best recognized universities in the world, Havard University, Oxford University and Kellog Business School were developed using the endowment concept. Harvard University collects a total of USD14 billion in the form of endowments used to fund educational and research activities, library maintenance and fund-raising exercises. The establishment of trust funds and charitable foundation or foundations is intended to support and enhance the arts, welfare and protection of children, corporations, education, environment, journalism, medical and religious research. The Alfread P. Sloan Foundation, founded in 1934, has assets of USD1,373,911,437 aims to help and support the development of science and technology, improving economic performance and life, education and civic programs. A new approach to ownership of natural resources by using a public trust approach has begun to become a practice especially in the United States and Britain. The Trust for Public Land (TPL) and The National Park Trust (NPT) established in 1972 and 1982 in the United States, for example, serve to help communities create greenprint for growth by protecting and promoting the interests of public land. Jeremy Refkin in his book The End of Work published in 1996 suggested the importance of this sector to be used as an alternative to reducing the burden of the government towards a more comprehensive community development. The concepts in the various terms and recommendations as mentioned above have been practiced in Islamic countries through wakaf more than 1400 years ago, before the birth of The Doctrines of Trust and Uses in English Law. However, Muslims are more aware of endowment, trust fund, foundation, estate planning and philanthropy concepts (giving, donation and charitable fund). Waqf continues to be neglected and forgotten from the minds of Muslims in the circulation of the times, why ?.

 

 

Dr. Razali Othman

Director

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

 

 

Date of Input: 01/10/2018 | Updated: 04/10/2018 | m.jazmi