FOR YOUR KNOWLEDGE

December 2, 2008

In India there are three types of Waqf recognized as under

  1. Waqf by User
  2. Mashrut-ul-Khidamat
  3. Waqf-al-Al-Aulad
  1. Waqf by user – where any piece of land or portion of a building has been used continuously for any religious or pious purpose the owner had no objection to it or has an intention to allow to continue such practice is called a Waqf by user; example Mosque, Madarsah, etc.
  2. Mashrut-ul-Khidmat is a Public Waqf where the Waqf has devoted the property for the general benefit of Muslim community.
  3. Waqf-al-Al-Aulad is that unique feature of Islamic law where a property is made Waqf for the welfare of the Waqifs own family or his children or children of his children. It is called Waqf-al- Aulad or Waqf for progeny.

There are 35,703 waqf properties situated in the State. The total monetary value of movable and immovable properties has been estimated Rs.13,850 millions. Cut of 35,703 waqf properties the Andhra Pradesh Waqf Board has been managing 385 waqf institutions including (7) Big Dargahs under Director Management Scheme.

The Waqf institutions have attached landed property of about 133,209 Acres and 30 Guntas. Survey is still in progress.

WAQF – Beginning

November 24, 2008

Waqf, in Arabic language, means hold, confinement or prohibition. The word waqf is used in Islam in the meaning of holding certain property and preserving it for the confined benefit of certain philanthropy and prohibiting any use or disposition of it outside that specific objective. This defini­tion accords perpetu­ity to waqf, i.e., it applies to non-perishable property whose benefit can be extracted without consuming  the property itself. Therefore waqf widely relates to land and buildings. However, there are waqf of  books, agricultu­ral machinery, cattle, shares and stocks and cash money.

  1. Beginning and kinds of waqf

    In the history of Islam, the first religious waqf is the mosque of Quba’ in Madinah, a city 400 kilometer north of Makkah, which was built upon the arrival of the Prophet Muhammad in 622. It stands now on the same lot with a new and enlarged structure. Six months later, Quba’ was followed by the mosque of the Prophet in the center of Madinah. Mosques and real estates confined for providing revenues to spend on mosques’ mainten­ance and running expenses are in the category of religious waqf.Philanthropic waqf is the second kind of waqf. It aims at supporting the poor segment of the society and all  activities which are of interest to people at large such as libraries, scientific research, education, health services,  care of animals and environment, lending to small businessmen, parks, roads, bridges, dams, etc. Philan­thropic waqf began by the Prophet Muhammad too. A man calledMukhairiq made his will that his seven orchards in Madinah be given after his death to Muhammad. In year four of the hijrah calendar (a lunar calendar which begins with the migration of the prophet Muhammad from Makkah to Madinah in 622), the man died and the Prophet took hold of the orchards and made them a charitable waqf for the benefit of the poor and needy.  This practice was followed by the companion of the prophet and his second successor Umar, who asked the prophet what to do with a palm orchard he got in the northern Arabian peninsula city of khaibar and the Prophet said “If you like, you may hold the property as waqf and give its fruits as charity.” many other charitable waqf were made by the Prophet’s death in 632.

    A third kind of waqf started shortly after the death of the prophet during the reign of cUmar (635-645), the second successor. When cUmar decided to document in writing his waqf in khaibar, he invited some of the companions of the prophet to attest this document. Jaber, another companion, says that when the news broke out every real estate owner made certain waqf. Some of those put a condition that the fruits and revenues of their waqf be first given to their own children and descendants and only the surplus, if any, should be given to the poor. This kind of waqf is called posterity or family waqf. Therefore, unlike foundations in america which are restricted to religious or philanthropic purposes, waqf in Islamic society may also be for one’s own family anddescendants.

  2. Ownership of waqf

    From legal point of view, the ownership of waqf property lies outside the person who created the waqf. Some Muslim jurists argue that the right of ownership of waqf belongs to Allah. Others believe that it belongs to the benefi­ciaries although their ownership is not complete in the sense that they are not permitted to dispose of the property or use it in a way different from what was decreed by the founder of waqf. In this regards waqf differs from a foundation since the management of a foundations is usually able to sell its property. This implies that perpetuity is stronger in waqf than in foundations.

  3. Characteristics of waqf

    As a special kind of benevolence waqf has the following tow charac­teristics:

    A)    perpetuity

    It means that once a property, often a real estate, is dedicated as waqf it remains waqf for ever. Elimina­tion of waqf  character of a property requires difficult and lengthy process. it needs exchange against another proper­ty of equivalent value with approval of the local court. Upon  completion of such an exchange, the new property immediate­ly becomes  waqf for the same purpose and benefi­ciaries of the former one. Hence theoretically perpe­tuity implies that waqf proper­ties should not decrease.

    Waqf founde­rs and courts made extra precaution in document­ing and preser­ving waqf deeds. One may be asto­nished  to find that courts in many cities and towns kept de­tailed records of awqaf proper­ties as early as the 15 and 16 centuries. Many of these records are still main­tained and historians explore them in Istanbul, Cairo, Fez, Damascus,  Jerusalem, Isfahan, etc.

    B)    Permanence of stipulations of waqf founder

    Since waqf is a voluntary act of benevolence, condi­tions specified by the founder must be fulfilled to their letter as long as they do not contradict or violate any of the Sharicah rulings. This implies that revenues of waqf should exclusively be used for the objective stipulated by its founder and this may not be changed by management or  supervisory courts as long as the objec­tive is compatible with Sharicah on one hand and is still feasible on the other hand. If a waqf purpose  becomes infeasible, the revenue of this waqf should be spent on closest purpose available and if not it goes to the poor  and needy. Perma­nence covers all founder’s stipulations whether they relate to purpose, distribution of revenues, manage­ment, supervi­sory authori­ty, etc.

  4. Legal conditions of waqf

    Waqf creation requires certain conditions, the most important among them are the following:

    1 – The property must be a real estate or a thing which has some meaning of perpetuity. Muslim societies has waqf land, buildings, camels, cows, sheep, books, jewelry, swords and other weapons, agricultural tools, etc.

    2 – The property should be given on a permanent basis. Some jurists approve temporary waqf only in the case of   family waqf.

    3 – The waqf founder should be legally fit and apt to take such an action, i.e., a child, an insane or a person who does not own the property cannot make waqf.

    4 – The purpose of the waqf must, in the ultimate analysis be an act of charity from both points of  view of Sharicah and of the founder. Hence waqf on the rich alone is not permissible because it is not charity.

    5 – Finally, beneficiaries, person(s) or pur­pose(s), must be alive and legitimate. Waqf on the dead is not permissi­ble.

  5. Management of waqf

    In principle, the waqf founder determines the type of management of his\her waqf. The waqf manager is usually called mutawalli and his\her responsibility is to administer the waqf property to the best interest of the beneficiaries. The first duty of mutawalli is to preserve the property then to  maximize the revenues of the beneficiaries. The waqf document usually mentions how the mutawalli is compen­sated for this effort and if the document does not mention a compensation for the mutawalli, he\she either volun­teers the work or seeks assignment of a compensation from the court.

    The judicial system, i.e. courts, is the authority of reference with regard to all matters and disputes related to waqf. In the early part of the of the eighth century, a judge in Egypt established a  special register and office to record and supervise awqaf in his area. This culminated in the  estab­lishment of an awqaf office for registration and control which was linked to the supreme judge who used to be called the “judge of judges.”

  6. Sociopolitical role of waqf

    The permanent nature of waqf resulted in the accumulation of waqf properties all over the  Muslim lands and the variety of its objectives provides support for widespread religious and  philanthropic activities. The size of waqf and its objectives play important role in the sociopolitical  life of Muslim societies and communities.

    Information extracted from the registers of awqaf in Istanbul, Jerusalem, Cairo and other cities indicates that lands of awqaf cover considerable proportion of total cultivated area. For instance, in the years 1812 and 1813 a survey of land in Egypt showed that waqf represents 600,000 feddan (=0.95 Acre) out of a total of 2.5 million feddan (Ramadan, p. 128); in Algeria the number of deeds of awqaf of the grand mosque in the capital Algiers was 543 in the year 1841 (Ajfan, p. 326); in Turkey about one third of land was awqaf (Armagan, p. 339); and finally in Palestine the number of waqf deeds recorded up to middle of the sixteen century is 233 containing 890 properties in comparison with 92 deeds of private ownership containing 108 properties (IRCICA, p. L).

    With regards to use of waqf revenues the most frequent purpose is spending on mosques. This usually includes salaries of imam [prayer leader and speaker of friday religious ceremony], teacher(s) of Islamic studies, preacher(s). With the help of this independent source of financing  religious leaders and teachers have always been able to take social and political positions independent of that of the ruling class. for example, upon the occupation of Algeria by french troops  in 1831, the colonial authority took control of the awqaf property in order to suppress religious leaders who fought against occupation (Ajfan, p.325).

    Although religious education is usually covered by waqf on mosques, education in general has been the second largest user of waqf revenues. Since the beginning of Islam, in the early seventh century, education has been financed by waqf and voluntary contributions. Even government  financing of education used to take the form of constructing a school and assigning certain property  as waqf of the school. Awqaf of the Ayubites (1171-1249) and the Mamalik (1249-1517) in Palestine  and Egypt are good examples. According to historical sources, Jerusalem had 64 schools at the  beginning of the twentieth century all of them are waqf and supported by awqaf properties in     pales­tine, Turkey and Syria. Of these schools 40 were made awqaf by Ayubites and Mamalik rulers  and governors (Al cAsali, pp. 95-111). The University of al Azhar is another example. It was  founded in Cairo in 972 and was financed by its waqf revenues until the government of Muhammad  Ali in Egypt took control over the awqaf in 1812 (Ramadan, p. 135).

    Waqf financing of education usually covers libraries, books, salaries of teachers and other staff  and stipends to students. Financing was not restricted to religious studies especially at the stage of  the rise of Islam. In addition to freedom of education this approach of financing helped creating a learned class not derived from the rich and ruling classes. At times, majority of Muslim scholars  used to be coming from poor and slave segments of the society and very often they strongly opposed the policies of the rulers (al Syed, pp. 237-258).

    The third big beneficiary of waqf is the category of the poor, needy, orphans, persons in  prisons, etc. Other users of waqf revenues include health services which cover construction of  Hospitals and spending on physicians, apprentices and patients. One of the examples of the health  waqf is the Shishli Children Hospital in Istanbul which was founded in 1898 (al Syed, p. 287).

    There is also waqf on animals whose example is the waqf on cats and the waqf on unwanted riding animals both in Damascus (al Sibaci). There are awqaf for helping people go to Makkah for pilgrimage and for helping girls getting married, and for many other philanthropic purposes.

  7. Waqf in the twentieth century

    During the colonial period of the nineteenth and good part of the twentieth centuries, the management of awqaf continued to follow inherited patterns in most Muslim countries and communi­ties which were subjected to colonial system with a few exception such as Algeria and Indonesia. However the general atmosphere of underdevelopment and backwardness which was prevailing in the Muslim world also enveloped the awqaf property and the western system of education which was introduced by colonial authorities and supported by newly created economic opportunities gave a strong blow to the traditional education which was financed by an already underdeveloped awqaf.

    With the independence of most Islamic countries came the estab­lish­ment of national states and the new leadership took a different stand towards awqaf which was often negative. For instance many waqf properties in Syria, Egypt, Turkey, Tunis and Algeria were added to the public property of the government and were distri­buted through land reforms and other means and methods while governments in those countries took responsibilities of spending on mosques and some religious schools including al Azhar university in Cairo. For this Purpose many Muslim countries established a branch of the government for awqaf and religious affairs. After stripping it of the developmental and productive content, the word awqaf is now mostly used to refer to mosques only.

    However, Some countries such as Lebanon, Turkey, Jordan and recently Algeria wanted to revive and develop the properties of waqf. They enacted new laws of awqaf which helped in recovering, preserving and developing the property of  awqaf and encoura­ging people to create  new waqf in these countries

allahswaqf.com

November 24, 2008

Please visit www.allahswaqf.com for the image details

Masajid are the forts of the religion in Islam. As such their protection is
the protection of the religion. There existence is the existence of religion. Keeping in view
this fundamental some conspiring elements aim to destroy the masajid which are hying
vacant or located away from populated areas. Generally these Masajids are of the Qutub
Shahi period or the period of Alamgir. Suddenly plotting is started up on the land surrounding
the Masjid and Masjid is not at all shown in the new layout. Then either plans are made to
demolish it or it is used for some other purpose such masjid, information as received
about the evils plans of demolishing the Masjid. Almighty guided us and we took up the
action. After a lot of struggle and hardship for avail five to six we finally succeeded in
snatching it back from the evil hands. This was only a minor example of help provided by
the sole after and the real master who is always with his sincere slaves. Then a passion
arose in the heart as to survey the mosques in the surroundings and there were several
masajid and there is no one to look after. To maintain all obligations related to the masjid
along with the regular attendance of people for prayers there is immense need of finance.
Organized organization through which the matter could be representated. In the initial state
in a period of one and a half year six masjids were brought into central and their
management affairs are being looked after under the attention of said philanthropic persons.

In the suburban surroundings of Hyderabad city (Uppal, Boduppal, Peerzadiguda,
Choutuppal) and other villages the matter has grown from bad to worse so much so, that
due to these Masajid lying vacant and on account of lack of awareness of the religion the
local residents are totally deprived of making any distinctions in respect of the other
communities customs and traditions. Consequently these persons freely participate in
such customs and traditions and in many Masajid .. the Masajid have been turned into
Ashoorkhanas, which during the period of Moharram are opened just for Ten days and
again they are locked up.

Infact in the Masajid which are meant for glorifying, remembering and acclaiming
Allah, where the belief has to be repeated of not enjoining anyone with Allah, in such a
place the Tazias and Alams are being kept, and one can see every time a new practice of
polytheism hence making the Masajid a centre ugliest malpractices. As such who can be
able to point out the condition of the faith of these persons. Who is to worry over their
conditions of ill faith.

In these days a majority of the people in our society is so entangled in procurement
of their daily needs that they are unable to pay proper attention to these matters. In such a
situation if the Grabbers are getting an opportunity to exploit, it is not surprising. Those
who feel some pain for the millat need to divert their attention to this, those who are
endeavoring for success in this matter and have the determination to face the unfavorable
circumstances when the time comes need to come forward. If even in these circumstances
the group of well wishers are not serious about the Masajid and do not step forward then
only Allah will be the savior of these Masajid. Such people will have to be ready with their
answer of the Day of Judgment. Before our very own eyes the House of Allah met with
such a fate and we remained action less. In our presence the Masajid got turned into
centers for obscene and immoral activities and we never raised an eye-brow. Attempts
were made to demolish our mosques but our faith could not even make us active. Now
you yourselves may judge as to why this work is essential and if it is essential who is to
shoulder the responsibility of this work and which kind of sacrifices will be needed? Are
we ready to make the sacrifices for the protection of the House of Allah?

These questions will be answered by the readers themselves. This is only a voice
which would shake up every person who has that painful heart for the sake of Ummah, the
one who wants to see the progress and success of the Ummah and want to see the Ummah
at the peaks. Only such a person knows on what bases the Ummah is to be made stronger
and stronger and What is the role of the Masajid thereof ?
YES. IN THIS MISCHIEVOUS PERIOD IT IS THE DEMAND OF THE MOMENT.

http://www.allahswaqf.com/

THOUGHT & VISION

November 24, 2008

As Waqf a unique feature of the socioeconomic system of Islam. It may be noted that Islam has not initiated any new economic system or social order. Whatever was prevalent in the society and universally accepted as good (maruf) was accepted and allowed to continue. This uniform approach is found in respect of food, dress, customs as well as economic institutions. However, Islam has provided some basic principles and criteria through which the then prevailing customs were substantially improved.

These basic principles in the field of economics are:

  1. Promotion of fellow feeling and generosity. The affluent should be generous to the poor. The indigent and the ‘have-no’s’ have a right to a share in the wealth of the affluent.
  2. One should avoid indolence, should follow the occupations of business and trade, cultivation and gardening. That skilled laborer and the craftsman are dear to Allah
  3. In trade it should be meticulously observed that the weights and measures are accurate.
  4. It was enjoined to establish a bait-ul-ma’al for the common good. Its heads of account and relevant regulations were prescribed (At-Tauba; Verse 60).
  5. The affluent should avoid Isra’af (spending more than is necessary).

At the same time, Islam has given guidelines and directions through the principles of fi’qah, and has identified the wajiba’t (obligations), wo ‘harrama’t (prohibitions) and mak’ruha’at (objectionable practices);

Islam strongly supports the idea of mutual help, coordinated and . collective efforts and efficient management for the same of the common good.

Islam has permitted the transfer of property under an individual’s possession, to other person through sale, gift or inheritance. At the same time utilization of the property by an individual to his own benefit has also been accepted in principle. However, a person can impose restrictions on the transfer of property both movable and immovable by declaring it as Waqf’ (in etymological sense Waqf means to stop or to hold or to detain). Thus, one can transfer the profits accruing from such property from the sphere of limited individual’s benefit, to the benefit of a much larger number of people comprising the weaker elections of not only the Muslim Ummah but the entire humanity. The ownership of the property so declared as Waqf vests in Allah.

Although the word Waqf is not used in the Qur’an, the very essence of it is found in several verses of the Qur’an dealing with charity, (Sadaqah). Moreover, the following verses of/the Qur’an among others are relevant. They ask you what they should give in charity. Tell them: “What you can spare of your wealth as should benefit the parents, the relatives, the orphans, the needy, the wayfarers for Allah is not unaware of the good deeds that you do”. (2:215).

“And In their wealth (of those who fear Allah and follow the straight path) there is a due share for the beggar and the deprived” (51:19).

The origin of the Waqf is traced to the Prophet (PBUH). The Waqf which directly fulfills the objects of Waqf were created by the Prophet (PBUH) himself’ in the form of the Quba mosque and the mosque of the Prophet (Masjid-e-Nabav/ at Madina. The Waqf which fulfills the object.

http://www.allahswaqf.com/

Waqf – FACTS

November 14, 2008

In a multi-religious and developing country like India, the society is divided into various groups and pushed by socioeconomic compulsion into an arena of neck to neck competition for their very existence.

Socioeconomic and educational backwardness of Muslim Minority in India has become so proverbial and glaring that they from only a fraction of a unit in the relevant statistical data. Social scientists attribute the situation Interalia to the over all poverty and hunger. A hungry stomach suspends the functional ability of mental faculty and therefore suffers from lack of awareness. The poverty-stricken majority of marked with a minor group of economically affluent is a painful paradox in itself. The aristocratic expenditure on lighting, illumination and wasteful dinners in a Muslim-marriage, particularly when the ill-fated poor are striving hard for one time mill in the same vicinity Is a criminal negligence on part of the Muslim community. Those who can afford do not bother to care for others who deserve their care most. But some of the philanthropic Muslims of the olden days were not so and they rightly and accurately anticipated the gloomy future of Muslims and took care to contribute their share for the upliftment of the downtrodden. Thus they left behind them a glorious asset of numerous waqf properties worth tentatively much more than 1500 millions of rupees. If managed discretely and utilized properly, the income generate from the Waqf properties can considerably help in uplifting the downtrodden to the considerable heights. Thus the present can draw strength from the past to develop future.

But unfortunately the Waqf institution in India is most misunderstand and waqf properties mismanaged. Reasons are many, varied and vicious. Legislative lacunea, administrative lapses, lack of political will, total indifferent attitude of the Muslim community and above all lack of honesty and integrity has given rise to the painful phenomenon that the waqf/properties are the chief attraction of the land -grabbers. Even the graveyards are not spared.

Allah’swaqf – Facts

What is Waqf

November 14, 2008

Literally waqf means to stop, contain, or to preserve. In shari’ah, a Waqf is a voluntary, permanent, irrevocable dedication of a portion of ones wealth – in cash or kind – to Allah. Once a waqf, it never gets gifted, inherited, or sold. It belongs to Allah and the corpus of the waqf always remains intact. The fruits of the waqf may be utilised for any shari’ah compliant purpose.

Origins of Waqf

“Ibn ‘Umar reported: ‘Umar acquired land in Khaibar. He came to Allah’s Apostle (saw) and sought his advice in regard to it. He said: Allah’s Messenger, I have acquired land in Khaibar. I have never acquired more valuable for me than this, so what do you command I do with it? Thereupon the Prophet (saw) said: If you like, you may keep the corpus intact and give its produce as Sadaqah. So ‘Umar gave it as Sadaqah declaring that the property must not be sold or inherited or given away as a gift. And ‘Umar devoted it to the poor, to the nearest of kin, to the emancipation of slaves, to wayfarers/guests, and in the way of Allah.- Sahih Muslim.

The above hadith set the precedent for our honorable Sahaba (r) and Muslims from all walks of life, over the centuries, to popularise the waqf system for any imaginable shari’ah compliant purpose. This command of the Prophet (s) and the action of ‘Umar (r) set into motion the first Social Development Waqf by means of an income producing economic asset.

Forms of Waqf

Economic Assets: These are generally fixed assets, income producing, include rentable shops, houses, farms, shares in companies or businesses; function facilities e.g. halls; etc

Social Assets: These are also generally fixed or capital assets and include schools; masjids; madressahs; hospitals & clinics; boreholes, water & sanitation facilities; libraries; cemetaries; community centres; hostels etc.

A Waqf is…

  • a Sustainable Development Institution…
  • a Sadaqah Jariyyah… a Capital Gift to Allah…
  • a Legacy for the Future…
  • a Revival of the Sunnah…
  • a Beautiful Loan to Allah…
  • a Social Responsibility Investment…
  • a Dedication to Allah…
  • an ibadat..
  • a Civil Society Initiative…
  • an Enduring Endowment…
  • a Contribution to Nation-building, Poverty Alleviation, and Community Empowerment…
  • Beneficial to Muslim, Poor, and Disadvantaged Communities…
  • …Your Eternal Fountain of Generosity, Benevolence,

Allah’s Waqf

Waqf

November 14, 2008

Waqf is a permanent dedication of immovable properties for religious, pious or charitable purpose as recognized by Muslim Law. The Waqf Institutions deal with the religious, social and economic life of Muslims and in other words.

Waqf or Its plural Awqaf Stands for an important Islamic institution which we have inherited from the past and which possesses immense potential for the reconstruction of social and economic life communities. Making a Waqf is considered a virtuous act, an act of spending in the way of ALLAH, which carries great reward. For this reason, through out Islamic history, and in all lands where Muslims were inhabited, Awqaf had a formidable presence. However, in later stages the institution of Awqaf has declined in significance and presence both in many Muslim countries and communities. Since it has a great potential to transform the social and economic life, the issues involved in the revival of Awqaf and its role in the social and economic development of present day Muslim countries and communities need our attention.

www.allahswaqf.com

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November 14, 2008

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