Introduction to Waqf

Definition of Waqf

The word waqf generally means something donated for public use or for needs related to Islam.

A Concise Encyclopedia of Islam defines waqf as a religious fund whose benefits are made permanently, and the original property cannot be used for purposes other than those prescribed by the giver.

Waqf has contributed significantly towards the development and maintenance of mosques, Islamic religious educational institutions, cemeteries, or orphanages.

Waqf from Quran and Sunnah

The Quran has provided a solid foundation in encouraging the practice of waqf through verses on the concept of almsgiving, which is associated with the purpose of getting closer to Allah SWT (taqarrub) and doing good deeds with the ultimate goal of obtaining the reward promised by Allah SWT in the Hereafter.

“Who will lend to Allah a good loan which Allah will multiply many times over? It is Allah alone who decreases and increases wealth. And to Him you will all be returned.”

Al-Baqarah:245

Among the most popular hadith is from Abu Hurairah RA that the Prophet SAW has said:

“When the son of Adam dies, his deeds come to an end except for three things: Sadaqah Jariyah (continuous charity) ; A knowledge which gives benefit, or a righteous child who prays for him (the deceased).”

(Narrated by Muslim)

According to the scholars, the meaning of sadaqah jariyah in the above hadith is the practice of waqf, which is highly encouraged by Islam, where it can give a permanent and lasting reward to the giver as long as the waqf property can be used permanently by the recipient.

Pillars And Conditions of Waqf

1. Waqif (Waqf Giver)

The Waqif must be:

1. A person who is intelligent and old enough (puberty)
2. An independent and real owner of the property to be endowed
3. A person who is intelligent and not under the restriction of law (mahjur ‘alaih) by reason of bankruptcy or the like
4. A person who is able to manage his property. A Waqif who is in a state of near death (maradul maut) is only allowed to waqf not more than one-third of his property to preserve his own interest to receive the spiritual reward after his death.
2. Mawquf (Endowed Property)
1. Property that is an object and can be clearly defined (ta’yin)
2. Legally owned by the Waqif, transferable, no duplication of ownership to others, and not trustee property of other parties
3. Property that can be used indefinitely or can be utilized in the long run
4. Property whose use is allowable under Shariah.
3. Mawquf ‘Alaih (Waqf Recipient)

The main conditions of Mawquf ‘Alaih or the recipient of waqf and its benefits are:
1. The acceptance must be for the purpose required by the Shariah in seeking the pleasure of Allah SWT and to get closer to Him
2. Exists and can be clearly identified
3. Can and is eligible to receive ownership of benefits
4. It is not waqfed solely for the self-benefit of the Waqif
5. Not an immoral, kafir harbi or apostate.
4. Sighah (Offer and Acceptance)

The conditions of Sighah are:

1. Must clearly state and determine the waqf property (Mawquf), and contain the element of permanence (ta’bid)
2. The implementation of Sighah waqf must be finalized, that is, immediately effective, cannot be revoked, its purpose cannot be changed and cannot be subject to other conditions that can invalidate the waqf
3. Clearly state or spell out the recipient of the waqf (Mawquf ‘Alaih)

Authorities

The regulatory and legal frameworks have played a vital role in the evolution of waqf sector and its management through the State of Islamic Religious Councils (SIRCs), the Department of Waqf and Hajj (JAWHAR) and Yayasan Waqaf Malaysia (YWM). In fact, waqf in Malaysia operates under three separate laws, namely: Islamic Law, Federal Territory Act or State Enactments relating to administration of the Islamic Law, State Waqf Enactments. In addition, the 2007 national fatwa permitting cash waqf in Malaysia brought about diversification of waqf properties through the introduction of several cash waqf schemes by local banks, federal agencies as well as State Islamic Religious Councils (SIRC).

Conclusion

In conclusion, the potential of waqf in Malaysia is immense and should not be overlooked. With the rapid advancements in technology and the increasing demands of society, there is a great opportunity to explore and leverage waqf to cater to these needs. By embracing innovation and adopting modern practices, waqf can be transformed into a powerful tool that benefits not only individuals but also communities as a whole. It is crucial for stakeholders to recognize the untapped potential of waqf and work towards harnessing it effectively for the betterment of society. The time has come to unlock the full capabilities of waqf in Malaysia and align it with current improvements and technological advancements, fulfilling the ever-growing demand for innovative solutions.