Waqf

This page describes the background to the beautiful concept of Waqf and its potential significance to New Zealand. Baitul Maal New Zealand aspires to grow its Waqf fund value to well over NZ $1 million over the next 10 years, setting the foundation for providing an ongoing stream of income to be used for various community projects and deserving causes, In-Sha-Allah.
Definition and Characteristics of Waqf

The Significance of Waqf

Meaning of Waqf

If we look at the word ‘Waqf’, in its literal sense it is referred to as ‘detention’, ‘stoppage’ or ‘tying up’. According to the legal definition, it means a dedication of some property for a pious purpose in perpetuity. The property so alienated should be available for religious or charitable purposes. Such a property is tied up forever and becomes non-transferable.

Establishment of Waqf

One of the important features of waqf is that it provides flexibility in fund utilisation as compared to zakāh (almsgiving). Zakāh funds must be utilised for specific categories of recipients. On the other hand, the institution of waqf can be used to provide a wide range of welfare services to Muslims as well as non-Muslims, and the beneficiaries could also be other living beings.

Importance of Waqf

Waqf is a financial charitable act established by withholding immovable and movable properties to perpetually spend its revenue to fulfil public or family needs, based on the preferences and conditions set by the founder. Once the property is created as a Waqf, it can never be given as gift, inherited, or sold. It belongs to Allah (swt), and the Waqf property remains intact. Only its generated revenue is channelled to its beneficiaries. The main motivation for a founder to create Waqf is clearly stated in both the Quran and the Sunnah. As highlighted in the Holy Quran, That the creation of Waqf is a way for founders to attain righteousness:

(لن تنالوا البر حتى تنفقوا مما تحبون وما تنفقوا من شيء فإن الله به عليم)

“Never will you attain the good [reward] until you spend [in the way of Allah] from that which you love, and whatever you spend – indeed, Allah is Knowing of it”. (3:92) Allah swt also says:

(مثل الذين ينفـقون أموالهم في سبيل الله كمثل حبة أنبتت سبع سنابل في كل سنبلة مائة حبة والله يضاعف لمن يشاء والله واسع عليم)

The example of those who spend their wealth in the way of Allah is like a seed [of grain] which grows seven spikes; in each spike is a hundred grains. And Allah multiplies [His reward] for whom He wills. And Allah is all-Encompassing and Knowing. (2: 261) There is a hadith narrated by Imam Bukhari and Imam Muslim which talks about the establishment of Waqf and its virtue:

عن ابن عمر رضي الله عنهما قال: أصاب عمر رضي الله عنه أرضاً بخيبر فأتى النبي صلى الله عليه وسلم يسامره فيها ، فقال: يا رسول الله إني أصبت أرضاً بخيبر لم أصب مالاً قـط هو أنفس عنـدي منه ، فما تأمروني به ؟ قال صلى الله عليه وسلم: إن شئت حبست أصلها، وتصدقت به قال : فتصدق بها عمرُ، أنه لا يباع أصلها ولا يبتاع ولا يورث ، ولا يوهب ، قال فتصدق عمر في الفقراء، وفي القربى، وفي الرقاب، وفي سبيل الله وابن السبيل والضيف لا جناح على من وليها أن يأكل منها بالمعروف أو يطعم صديقاً غير متمول فيه .(رواه البخاري ومسلم)

Ibn ‘Umar reported: ‘Umar acquired a land at Khaibar. He came to Allah’s Messenger (Sall Allah-o-alaihe wa sallam) and sought his advice in regard to it. He said: “Allah’s Messenger (Sall Allah-o-alaihe wa sallam), I have acquired land in Khaibar. I have never acquired property more valuable for me than this, so what do you command me to do with it?” Thereupon he (Allah’s Apostle, Sall Allah-o-alaihe wa sallam) said: “If you like, you may keep the corpus intact and give its produce as sadaqa.” So ‘Umar gave it as sadaqa declaring that property must not be sold or inherited or given away as gift. And ‘Umar devoted it to the poor, to the nearest kin, and to the emancipation of slaves, and in the way of Allah and guests. There is no sin for one who administers it if he eats something from it in a reasonable manner, or if he feeds his friends and does not hoard up goods (for himself).

The above hadith set the precedent for the companion 0f the Prophet 9pbuh) and Muslims from all walks of life, over the centuries, to establish the waqf system for any shariah compliant purpose. This command of the Prophet (pbuh) and the action of ‘Umar set into motion the first Social Development Waqf by means of an income producing economic asset.

Key Facts

Some of the key facts about the Waqf that we need to know

What is the concept of waqf?

A waqf is an inalienable charitable endowment under Islamic law. It typically involves donating a building, plot of land, cash or other assets for Muslim religious or charitable purposes with no intention of reclaiming the assets.

Why is waqf important in Islam?

Waqf is an important institution in the Islamic social framework. It can harness the potential of selfless charitable giving in an effective way for better economic impact in the targeted social segments of society.

What are the benefits of waqf?

Our reward flows endlessly.

Help boost economic and social development.

Prevent social gap.

Sharpen our social skill and help the distress. Waqf can help sharpen our social interest and skill.

What is the difference between Zakah and waqf?

Waqf is an endowment to a religious, educational or charitable cause, most frequently used to build schools, hospitals or religious institutions. Given its communitarian nature, Waqf is often used to fund social projects and services. Zakāh funds must be utilised for specific categories of recipients.

Who is the owner of waqf property?

Waqf in Islamic Law means a permanent dedication by a Muslim of any property for any purpose recognised by Muslim Law as religious, pious and charitable. A waqf is created by mere declaration of endowment by the owner of the property, and upon such declaration the property immediately vests in God Almighty.

What can be the subject matter of waqf?

The subject matter of waqf is the permanent dedication by a Muslim, of any movable or immovable property for any purpose recognized by the Muslim law as pious, religious or charitable.

Revival of waqf is timely to unlock its full potential

Waqf is a unique act introduced by Islam; it has played significant socioeconomic, cultural, and religious development roles throughout the history of Islamic civilization. In the past, the collection of large number of Awqaf created great wealth for the Muslim community; however, due to a different historical reasons the role of Waqf as a useful tool for socioeconomic development has generally been neglected or/and often been forgotten. By implementing the concept of waqf, our societies can become more prosperous and successful. This is because waqf contribute much in building human’s life, from the beginning until the day we die.