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AGENDA
INTRODUCTION
DEFINITION OF WAQF
DALIL AUTHORITY ON WAQF (AL-QURAN)
DALIL AUTHORITY ON WAQF (HADIS)
AGENDA
THE HISTORY OF AUTHORITY ON ADMINSITRATION
AND MANAGEMENT OF WAQF
MALAYSIAN LAW IN RELATION TO WAQF
INTRODUCTION
* All wealth belongs to Allah. We are only trustee of the wealth and to spend
the wealth according to Syariah. In line with the name of Allah (Asma Ul
Husna) Al Ghani ( )and Al Mughni ().
* Al Hud (11:61)
To the Thamud People (We sent) Salih, one of their own brethren. He
said: "O my people! Worship Allah. ye have no other god but Him. It is
He Who hath produced you from the earth and settled you therein:
then ask forgiveness of Him, and turn to Him (in repentance): for my
Lord is (always) near, ready to answer."
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INTRODUCTION
* Muslims are encouraged to give benevolent gift of charity to others such as
hibbah, sadaqoh, infaq and waqf.
* Al-Imran (3:92)
* Waqf
* In
* Waqf is not one of the Islamic pillars . No clear dalil in Al-Quran which use
the word waqf in Al Quran.
* The dalil for benevolence charity gift even more emphasised by Allah SWT
in surah Al Baqarah 2:261
The parable of those who spend their substance in the way of Allah
is that of a grain of corn: it groweth seven ears, and each ear Hath a
hundred grains. Allah giveth manifold increase to whom He
pleaseth: And Allah careth for all and He knoweth all things.
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* Rasulullah
* 2 types of waqf
(i)
(ii)
Waqf ahli.
* (i)
* (ii)
First, waqf ahli was created to keep the properties of family intact, to assure
the entitlement of beneficiaries for the duration of the objects, and to
regulate the transmission of usufructory rights from one generation to the
next (Powers 1993).
Second, waqf ahli was utilised to limit fragmentations of real property
through the Islamic inheritance laws or confiscation by rulers and the state
(Doumani 1998; Lev 2005).
* For
(ii)
(iii)
(iv)
* When
* Waqf
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* Waqf
* In
* No
The owner of the property who waqf the property (waqif) may manage and
administer the waqf himself or he may appoint another party as a trustee
(mutawalli) to manage and administer the waqf property in accordance to
the terms and conditions set by the waqif.
(ii)
* The Hanafi and Syafie school of laws allow the waqif or member of the waqif family to
be the administrator to the waqf property. The Maliki school of law does not allow the
waqif or his family member to be the administrator.
* Waqf
* Presently,
the main purpose for the government to become the trustee for waqf
property is for reorganisation, modernisation and development of waqf institution
which would not always be feasible by private entities or individuals (Siraj 2012).
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The relevant laws stating the jurisdiction are the Article 3, 74, 77,
List II, the State List of the Ninth Schedule of the Federal Constitution and
the sec. 25 of the Civil Laws Act 1956.
(ii)
(iii) Wakaf (State of Malacca) Enactment 2005 (No.5 Year 2005); and
(iv) Wakaf Enactment (Negeri Sembilan) 2005.
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(ii)
(iii)
(iv)
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* The State
(ii) to safeguard of the waqf property where the SIRC may develop and apply
specific laws, rules and procedures to govern the management and
administration of waqf property both on the administrative and financial
aspects.
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(iii)
(iv)
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* 3 types of administration set up of waqf property by the relevant SIRC (i) Penang SIRC set up a specific waqf division to be in charge of the
overall management and administration of waqf. Its allow
concentration on its objectives and maximize it human resources.
(ii) Most of SIRC set up a sub unit for waqf in a division which is also
responsible and in charge of the zakah and baitul mal. This type of set
up are employed by Perlis, Kedah, Perak, Selangor, Negeri Sembilan,
Malacca, Johor, Pahang, Terengganu, Kelantan, and the Federal
Territories of Kuala Lumpur.
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* SIRC
(b)
(c)
* At the Federal level, the affairs of Islamic matters are under the supervision
* The common problems face by the SIRC are as follows (i) Legal aspects: Various states laws enactment and lack of standardization
of such laws would have lead in different of the implementation of waqf
property management.
(ii) Financial resources: Lack of financial resources of SIRC are the main
reason for undevelop waqf property. The private and commercial sector
is not keen to develop waqf land due to its restricted purposes as set out
by the waqif and the return of their investment and profit of developing
the waqf property may takes a long time materialise through rental or
lease of the waqf property. Financial support from the federal
government is very restricted. 23
(iii) Human resources: Two major problems face are due to lack of the supply
for human resources and lack of expertise of the human resources to
undertake the management and administration of the waqf property.
SIRC require the expertise in the field of investment, project
management, marketing or property evaluation for the purpose of
developing the waqf property to its full potential usage and purpose.
(Siraj, 2012)
(iv)
(i)
(ii)
(ii)
In collaborations with the SIRC and institutes of higher learning, Yayasan Waqaf
Malaysia shall do research to develop and enhance waqf properties
(iii)
(iv)
Yayasan Waqaf Malaysia shall also be involved in social and welfare programmes
such as sponsorship of students learning programmes and providing necessary
assistance to the needy and the poor.
(v)
* Needs
* It
* The financial aspect for the development of waqf property should also need
to be look into. It is clear that due to lack of financial resources, most of the
waqf property was not being able to be developed.
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