Waqf: Difference between revisions
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As per Wakf Act 1954 (later Wakf Act 1995 |
As per Wakf Act 1954 (later Wakf Act 1995 |
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) enacted by Government of India, Wakfs are categorized as (a) Wakf by user such as Graveyards, ''Musafir Khanas'' (Sarai) and ''Chowltries'' etc., (b) Wakf under ''Mashrutul-khidmat'' (Service Inam) such as ''[[Khazi]]'' service, ''Nirkhi'' service, ''Pesh Imam'' service and ''[[Khateeb]]'' service etc., and (c) ''Wakf Alal-aulad'' is dedicated by the Donor (''Wakif'') for the benefit of their kith and kin and for any purpose recognised by Muslim law as pious, religious or charitable. After the enactment Wakf Act 1954, the Union government directed to all the states governments to implement the Act for administering the wakf institutions like mosques, ''[[dargah]]'', ''[[ashurkhana]]s'', graveyards, ''takhiyas'', ''iddgahs'', ''[[imambara]]'', ''[[Anjuman Taraqqi-i-Urdu|anjuman]]''s{{disambiguation needed|date=April 2015}} and various religious and charitable institutions.<ref name=ap>[http://www.aponline.gov.in/apportal/departments/departments.asp?dep=25&org=169&category=about al Wakf Council, India]</ref> A statutory body under Government of India, which also oversees [[Central Wakf Council, India#State Wakf Boards|State Wakf Boards]].<ref>[http://minorityaffairs.gov.in/newsite/main/subj_alloc.asp Subjects allocated] [[Ministry of Minority Affairs]] website.</ref> In turn the State Wakf Boards work towards management, regulation and protect the Wakf properties by constituting District Wakf Committees, [[Tehsil|Mandal]] Wakf Committees and Committees for the individual Wakf Institutions.<ref name=ap/> As per the report of [[Sachar Committee]] (2006) there are about 500,000 registered Wakfs with {{convert|600000|acre|km2}} land in India, and [[Rs.]] 60 billion book value.<ref name="summary_hindu">[http://www.hinduonnet.com/fline/fl2324/stories/20061215004700400.htm Community on the margins]</ref><ref name=w>[http://centralwakfcouncil.org/ Wakf] [[Central Wakf Council, India]] website.</ref> |
) enacted by Government of India, Wakfs are categorized as (a) Wakf by user such as Graveyards, ''Musafir Khanas'' (Sarai) and ''Chowltries'' etc., (b) Wakf under ''Mashrutul-khidmat'' (Service Inam) such as ''[[Khazi]]'' service, ''Nirkhi'' service, ''Pesh Imam'' service and ''[[Khateeb]]'' service etc., and (c) ''Wakf Alal-aulad'' is dedicated by the Donor (''Wakif'') for the benefit of their kith and kin and for any purpose recognised by Muslim law as pious, religious or charitable. After the enactment Wakf Act 1954, the Union government directed to all the states governments to implement the Act for administering the wakf institutions like mosques, ''[[dargah]]'', ''[[ashurkhana]]s'', graveyards, ''takhiyas'', ''iddgahs'', ''[[imambara]]'', ''[[Anjuman Taraqqi-i-Urdu|anjuman]]''s{{disambiguation needed|date=April 2015}} and various religious and charitable institutions.<ref name=ap>[http://www.aponline.gov.in/apportal/departments/departments.asp?dep=25&org=169&category=about al Wakf Council, India] {{webarchive|url=https://web.archive.org/web/20110622015150/http://www.aponline.gov.in/apportal/departments/departments.asp?dep=25&org=169&category=about |date=22 June 2011 }}</ref> A statutory body under Government of India, which also oversees [[Central Wakf Council, India#State Wakf Boards|State Wakf Boards]].<ref>[http://minorityaffairs.gov.in/newsite/main/subj_alloc.asp Subjects allocated] {{webarchive|url=https://web.archive.org/web/20100924233558/http://minorityaffairs.gov.in/newsite/main/subj_alloc.asp |date=24 September 2010 }} [[Ministry of Minority Affairs]] website.</ref> In turn the State Wakf Boards work towards management, regulation and protect the Wakf properties by constituting District Wakf Committees, [[Tehsil|Mandal]] Wakf Committees and Committees for the individual Wakf Institutions.<ref name=ap/> As per the report of [[Sachar Committee]] (2006) there are about 500,000 registered Wakfs with {{convert|600000|acre|km2}} land in India, and [[Rs.]] 60 billion book value.<ref name="summary_hindu">[http://www.hinduonnet.com/fline/fl2324/stories/20061215004700400.htm Community on the margins]</ref><ref name=w>[http://centralwakfcouncil.org/ Wakf] [[Central Wakf Council, India]] website.</ref> |
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===Other=== |
===Other=== |
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==External links== |
==External links== |
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* [http://www.aucegypt.edu/research/gerhart/ |
* [https://web.archive.org/web/20101006012318/http://www.aucegypt.edu/research/gerhart/MPDL/Pages/Home.aspx], Muslim Philanthropy Digital Library, an open-source Library managed by the research program at the John D. Gerhart Center for Philanthropy and Civic Engagement at the American University in Cairo |
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* [http://huquq.com/maghniyah/public_trusts.htm Islamic Law of waqf according to Five Islamic schools of jurisprudence] |
* [http://huquq.com/maghniyah/public_trusts.htm Islamic Law of waqf according to Five Islamic schools of jurisprudence] |
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* [http://huquq.com/maghniyah Islamic Law According to Five schools of jurisprudence] |
* [http://huquq.com/maghniyah Islamic Law According to Five schools of jurisprudence] |
Revision as of 00:38, 6 December 2017
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A waqf (
Terminology
In Sunni jurisprudence, waqf, also spelled wakf (
Definitions
This section needs additional citations for verification. (March 2011) |
The term waqf literally means "confinement and prohibition" or causing a thing to stop or stand still.[5] The legal meaning of Waqf according to Imam Abu Hanifa, is the detention of a specific thing in the ownership of waqf and the devoting of its profit or products "in charity of poors or other good objects".
Imam Abu Yusuf and Muhammad say: Waqf signifies the extinction of the waqif's ownership in the thing dedicated and detention of all the thing in the implied ownership of God, in such a manner that its profits may revert to or be applied "for the benefit of Mankind".[citation needed]
Bahaeddin Yediyıldız defines the waqf as a system which comprises three elements: hayrat, akarat and waqf. Hayrat, the plural form of hayr, means “goodnesses” and refers to the motivational factor behind vakıf organization; akarat refers to corpus and literally means ”real estates” implying revenue-generating sources, such as markets (bedestens, arastas, hans, etc.), land, baths; and waqf, in its narrow sense, is the institution(s) providing services as committed in the vakıf deed such as madrasas, public kitchens (imarets), karwansarays, mosques, libraries, etc.[6]
Islamic texts
There is no direct injunction of the Qur'an regarding Waqf, which is derived from a number of
In another hadith, Muhammad said, "When a man dies, only three deeds will survive him: continuing alms, profitable knowledge and a child praying for him."[8][verification needed]
Life cycle
Founding
Founder
A waqf is a contract, therefore the founder (called al-wāqif or al-muḥabbis in Arabic) must be of the capacity to enter into a contract. For this the founder must:
- be an adult
- be sound of mind
- capable of handling financial affairs
- not under interdiction for bankruptcy
Although waqf is an Islamic institution, being a Muslim is not required to establish a waqf, and dhimmis may establish a waqf. Finally if a person is fatally ill, the waqf is subject to the same restrictions as a will in Islam.[9]
Property
The property (called al-mawqūf or al-muḥabbas) used to found a waqf must be objects of a valid contract. The object should not be illegal in Islam (e.g. wine or pork). Finally these objects should not already be in the public domain. Thus, public property cannot be used to establish a waqf. The founder cannot also have pledged the property previously to someone else. These conditions are generally true for contracts in Islam.[9]
The property dedicated to waqf is generally immovable, such as estate. All movable goods can also form waqf, according to most Islamic jurists. The Hanafis, however, also allow most movable goods to be dedicated to a waqf with some restrictions. Some jurists have argued that even gold and silver (or other currency) can be designated as waqf.[9]
Beneficiaries
The beneficiaries of the waqf can be persons and public utilities. The founder can specify which persons are eligible for benefit (such the founder's family, entire community, only the poor, travelers). Public utilities such as mosques, schools, bridges, graveyards and drinking fountains can be the beneficiaries of a waqf. Modern legislation divides the waqf as "charitable causes", in which the beneficiaries are the public or the poor) and "family" waqf, in which the founder makes the beneficiaries his relatives. There can also be multiple beneficiaries. For example, the founder may stipulate that half the proceeds go to his family, while the other half go to the poor.[9]
Valid beneficiaries must satisfy the following conditions:[9]
- They must be identifiable. At least some of the beneficiaries must also exist at the time of the founding of the waqf. The Mālikīs, however, hold that a waqf may exist for some time without beneficiaries, whence the proceeds accumulate are given to beneficiaries once they come into existence. An example of a non-existent beneficiary is an unborn child.
- The beneficiaries must not be at war with the Muslims. Scholars stress that non-Muslim citizens of the Islamic state (dhimmi) can definitely be beneficiaries.
- The beneficiaries may not use the waqf for a purpose in contradiction of Islamic principles.
There is dispute over whether the founder himself can reserve exclusive rights to use waqf. Most scholars agree that once the waqf is founded, it can't be taken back.
The Ḥanafīs hold that the list of beneficiaries include a perpetual element; the waqf must specify its beneficiaries in case.[9]
Declaration of founding
The declaration of founding is usually a written document, accompanied by a verbal declaration, though neither are required by most scholars. Whatever the declaration, most scholars (those of the Hanafi, Shafi'i, some of the
Administration
Usually a waqf has a range of beneficiaries. Thus, the founder makes arrangements beforehand by appointing an administrator (called nāẓir or mutawallī or ḳayyim) and lays down the rules for appointing successive administrators. The founder may himself choose to administer the waqf during his lifetime. In some cases, however, the number of beneficiaries are quite limited. Thus, there is no need for an administrator, and the beneficiaries themselves can take care of the waqf.[9]
The administrator, like other persons of responsibility under Islamic law, must have capacity to act and contract. In addition, trustworthiness and administration skills are required. Some scholars require that the administrator of this Islamic religious institution be a Muslim, though the
Extinction
Waqf is intended to be perpetual and last forever. Nevertheless, Islamic law envisages conditions under which the waqf may be terminated:[9]
- If the goods of the waqf are destroyed or damaged. Scholars interpret this as the case where goods are no longer used in the manner intended by the founder. The remains of the goods are to revert to the founder or his/her heirs. Other scholars, however, hold that all possibilities must be examined to see if the goods of the waqf can be used at all, exhausting all methods of exploitation before the termination. Thus, land, according to such jurists, can never become extinguished.
- A waḳf can be declared null and void by the ḳāḍī, or religious judge, if its formation includes committing acts otherwise illegal in Islam, or it does not satisfy the conditions of validity, or if it is against the notion of philanthropy. Since waqf is an Islamic institution it becomes void if the founder converts to another religion.[citation needed]
- According to the Mālikī school of thought, the termination of the waqf may be specified in its founding declaration. As the waqf would expire whenever its termination conditions are fulfilled (e.g. the last beneficiary). The waqf property then returns to the founder, his/her heirs, or whoever is to receive it.
History and location
The practices attributed to Muhammad have promoted the institution of waqf from the earliest part of Islamic history.[10]
The two oldest known waqfiya (deed) documents are from the 9th century, while a third one dates from the early 10th century, all three within the Abbasid Period. The oldest dated waqfiya goes back to 876 CE, concerns a multi-volume Qur'an edition and is held by the Turkish and Islamic Arts Museum in Istanbul. A possibly older waqfiya is a papyrus held by the Louvre Museum in Paris, with no written date but considered to be from the mid-9th century. The next oldest document is a marble tablet whose inscription bears the Islamic date equivalent to 913 CE and states the waqf status of an inn, but is in itself not the original deed; it is held at the Eretz Israel Museum in Tel Aviv.[11]
Egypt
The earliest pious foundations in Egypt were charitable gifts, and not in the form of a waqf. The first mosque built by '
India
Early references to Wakf in India, can be found in 14th century CE work, Insha-i-Mahru by Aynul Mulk Ibn Mahru. According to the book,
As per Wakf Act 1954 (later Wakf Act 1995 ) enacted by Government of India, Wakfs are categorized as (a) Wakf by user such as Graveyards, Musafir Khanas (Sarai) and Chowltries etc., (b) Wakf under Mashrutul-khidmat (Service Inam) such as
Other
The waqf institutions were not popular in all parts of the Muslim world. In West Africa, very few examples of the institution can be found, and were usually limited to the area around Timbuktu and Djenné in Massina Empire. Instead, Islamic west African societies placed a much greater emphasis on non-permanent acts of charity. According to expert Illife, this can be explained by West Africa's tradition of "personal largesse." The imam would make himself the collection and distribution of charity, thus building his personal prestige.[17]
According to Hamas, all of historic Palestine is an Islamic waqf, which translates as a "prohibition from surrendering or sharing".[18]
Funding of schools and hospitals
After the Islamic waqf law and
Comparisons with trust law
The waqf in
The only significant distinction between the Islamic waqf and English trust was "the express or implied reversion of the waqf to charitable purposes when its specific object has ceased to exist",[23] though this difference only applied to the waqf ahli (Islamic family trust) rather than the waqf khairi (devoted to a charitable purpose from its inception). Another difference was the English vesting of "legal estate" over the trust property in the trustee, though the "trustee was still bound to administer that property for the benefit of the beneficiaries." In this sense, the "role of the English trustee therefore does not differ significantly from that of the mutawalli."[24]
Personal trust law developed in England at the time of the Crusades, during the 12th and 13th centuries. The Court of Chancery, under the principles of equity, enforced the rights of absentee Crusaders who had made temporary assignments of their lands to caretakers. It has been speculated that this development may have been influenced by the waqf institutions in the Middle East.[25][26]
See also
- Jerusalem Islamic Waqf
- Charitable trust
- Islamic economic jurisprudence
- Islamic economics in the world
- Trust law
- Vakuf
- Zakah
Notes
- ^ http://www.awqafsa.org.za/what-is-waqf/
- ^ A Survey of Palestine (Prepared in December 1945 and January 1946 for the information of the Anglo-American Committee of Inquiry), chapter 8, section 1, British Mandate Government of Palestine: Jerusalem 1946, pp. 226–228
- ^ Hisham Yaacob, 2006, Waqf Accounting in Malaysian State Islamic Religious Institutions: The Case of Federal Territory SIRC, unpublished Master dissertation, International Islamic University Malaysia.
- ^ a b c d "Waḳf". Encyclopaedia of Islam (2nd ed.). Brill. 2012.
{{cite encyclopedia}}
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(help); Unknown parameter|editors=
ignored (|editor=
suggested) (help) - ^ Hassan (1984) as cited in HS Nahar and H Yaacob, 2011, Accountability in the Sacred Context: The case of management, accounting and reporting of a Malaysian cash awqaf institution, Journal of Islamic Accounting and Business Research, Vol. 2, No. 2, pp. 87–113.
- ^ Deligöz, Halil (2014). "The legacy of vakıf institutions and the management of social policy in Turkey". Administrative Culture. Retrieved 15 September 2015.
- ^ Ibn Ḥad̲j̲ar al-ʿAsḳalānī , Bulūg̲h̲ al-marām, Cairo n.d., no. 784. Quoted in Waḳf, Encylopaedia of Islam.
- ^ Ibn Ḥad̲j̲ar al-ʿAsḳalānī , Bulūg̲h̲ al-marām, Cairo n.d., no. 783. Quoted in Waḳf, Encylopaedia of Islam.
- ^ a b c d e f g h i j Waḳf, Encyclopaedia of Islam
- ^ Sait, 2006, p.149
- ISBN 9781401031534.
- ^ Mahru, Ainud Din (1965). Insha-i Mahru, Lahore, 1965. Lahore: Shaikh Abdur Rashid (ed.). pp. 37–39.
- ^ a b al Wakf Council, India Archived 22 June 2011 at the Wayback Machine
- ^ Subjects allocated Archived 24 September 2010 at the Wayback Machine Ministry of Minority Affairs website.
- ^ Community on the margins
- Central Wakf Council, Indiawebsite.
- ^ Feierman, 1998, p. 19
- ^ Max Abrahms, Why Terrorism Does Not Work, International Security, Vol. 31, No. 2 (Fall 2006), pg. 74
- ISBN 0-415-02063-8.
- ^ (Gaudiosi 1988)
- ^ (Gaudiosi 1988, pp. 1237–40)
- ^ (Gaudiosi 1988, p. 1246)
- ^ (Gaudiosi 1988, pp. 1246–7)
- ^ (Gaudiosi 1988, p. 1247)
- ^ (Hudson 2003, p. 32)
- ^ (Gaudiosi 1988, pp. 1244–5)
References
- Arjomand, Said Amir; Feierman, Steven; Ilchman, Warren Frederick; Katz, Stanley Nider; Queen, Edward L. (1998), Philanthropy in the World's Traditions, ISBN 0-253-33392-X
- Gaudiosi, Monica M. (April 1988), "The Influence of the Islamic Law of Waqf on the Development of the Trust in England: The Case of Merton College", JSTOR 3312162
- Hudson, A. (2003), Equity and Trusts (3rd ed.), London: Cavendish Publishing, ISBN 1-85941-729-9
- Morelon, Régis; Rashed, Roshdi (1996), ISBN 0-415-12410-7
Further reading
- Real property, mortgage and wakf according to Ottoman law, by D. Gatteschi. Pub. Wyman & Sons, 1884.
- Waqf in Central Asia: four hundred years in the history of a Muslim shrine, 1480–1889, by R. D. McChesney. Princeton University Press, 1991. ISBN 069105584X.
- Wakf administration in India: a socio-legal study, by Khalid Rashid. Vikas Pub., 1978. ISBN 0-7069-0690-X.
External links
- [1], Muslim Philanthropy Digital Library, an open-source Library managed by the research program at the John D. Gerhart Center for Philanthropy and Civic Engagement at the American University in Cairo
- Islamic Law of waqf according to Five Islamic schools of jurisprudence
- Islamic Law According to Five schools of jurisprudence
- Islamic law concerning waqf (Public Trust)
- Encyclopaedia of the Orient article on waqf
- The Hoda Center in Gainesville, FL is also known (lovingly) as "The Waqf"
- Es Seyyid Osman Hulûsi Efendi Waqf in Darende, in Turkiye.
- Kuwait Awqaf Public Foundation
- Waqfuna موقع " وقفنا "
- Huge properties, little earnings: What ails the Waqf Boards in India?