ISLAMIC UNDERSTANDING OF WAQF (SADAQAT JAARIYAT)

1. ISLAMIC UNDERSTANDING OF WAQF (SADAQAT JAARIYAT) BY USTADH JAMIU TIRIMIDHI IMAM/CHAIRMAN COMMITTEE OF EXPERTS ZAKAT AND SADAQAT FOUNDATION & PRINCE SULAYMAN OLAGUNJU ED ZAKAT AND SADAQAT FOUNDATION

2. “Alms are for the poor and the needy, and those employed to administer the (funds); for those whose hearts have been (recently) reconciled (to truth); for those in bondage and in debt; in the cause of Allah; and for the wayfarer; (thus is it) ordained by Allah , and Allah is full of knowledge and wisdom” (Q9 vs 60) INTRODUCTION

3. Daen/Mudaayanah (Loan) Q2 vs 282 - 283 QARDAN HASSAN (GOOD LOAN) Q2 vs 245, Q57 vs 11 3 Hibah (free gift) 4 Wasiyah (will) i.e 1/3 of deceasaed Muslim legacy given to non heir, Q4 vs 11-12, Q2 vs 180, Also see example of Sa’adbnabuwaqas 5 Tabaruat (Donation) 6 InfaqAfwu (spending out of excess) 7 Care for poor relation, (widows, orphans) Q2 vs 177 TYPES OF SADAQAH

4. 8. It’amuta’am (Feeding hungry ones) Q76 vs 8-10, Q90 vs 11-15, Q74 vs 41-47 9. IftarSaim (feeding of Muslims) 10. Body Sadaqah, “……..observance of two raqa’at is sadaqah to the body…….” 11. SadaqatJariyah (WAQF) 12. General Sadaqah TYPES OF SADAQAH cont…

5. Literal meaning of Waqf: Waqf has 2 main words to define it (“Habsun” and “Tesbilun” which means “Keep/preserve” and “Direct to a good cause”) egWaqaftuDaaba(Keep a cattle) i.eHabastuhafisabillahi(I keep/preserve to be used in the cause of ALLAH) • Technical meaning: • Malikiyah:- I’itaaumanfa’atishae’inmudatawujudihilaazimanbaqaahuhufima’atihiwalautaqdiiran ( Giving out something beneficial permanently…) • Hanabilah:- TahbeesulAsl, wataseebiluthamarat (preserve the origin, and Using the proceed in good cause) • Shafiyyah:- Habsulmalinyumkinulintifaaubihi, maabaqaaiainihi…(Preserve a property that can benefit and at the sometime keep the origin of the property, free once neck … and leaving everyting for the sake of ALLAH) • Hanafiyyah:- Habsulmamuluki, an tamuleekiminalgayri (Holding on to a property (usefully) and disallowing others from claming the ownership) Sheikh Abu Zuhrat said “Al waqf habsulaein, watasadduq bi manfa’atiah”(Waqf is keeping original capital and giving out charity only from the proceed) Definition of Waqf

6. Q28 vr 77 Wabitagifimaatakallahudharaliakhairat…. Q73 vr 19 waqrudullahhassana… Hadith:- An AbiHuraerah (R.A) Qaalarusulullah(SAW) “Idhaamaatalinsaanu, inqata’aanihuamaluhu, illa min thalathatin,sodaqatinjaariyatin, au illminyuntafa’abihi…,(When Human being dies, nothing remain for him except three, i a charity having an unending reward, ii or a knowledge that continually benefit…) Bukhari and Muslim in the book of will It’s Legalities(Mashruuhiyya)

7. Hadith:- Umar b. Khatab(RA) asked the prophet(SAW), I have plot of land at Khaybar that I valued so much, What do you instruct me to do with it, the prophet responded “In shi’tahabastaaslaha, watasadaqta bi ha…” (If you wish, you retain the origin, and give out sadaqat(from its proceeds) except that you cannot sell the original land neither can it be bought, or make it a free gift or shared among the heirs, then Umar gave it out as sadaqat to the poor, close relative, those in bondage, fisabillah and wayfarer and resident indigents, stating that there is no sin for the person in charge to eat from it prudently and feed on it and not mutamawili) by Bukhari and Muslim It’s Legalities(Mashruuhiyya) cont…

8. Abu BakrSiddeeq(RA) gave out his house in makkah as waqaf to his son, Umar b. Khatab(RA) also ---------- at maruwa and thaniiyyah to his son, Ali b. Abitallab(RA) gave out his land at yambi as waagaf, Zubair b. Awwaama(RA) gave out his houses at makka, haridamiyyah, missra and medina as waqful to his children. Related by Tirimidhi Hadth:- An Jaabir b Abdullahi(RA) “Lam yaqumahadun min ashaabinabiyy(SAW) dhuumaqadiratinillawaqafa”(No one among the companion of the holy prophet having a ‘singular’ ability to give out waaqf, except that he does so} ibnqudama It’s Legalities(Mashruuhiyya) CNTD.

9. The origin of Aoqaaf is tracable to the arrival of the Holy Prophet Muhammad (SAW) in Madina where the Ansar met him and the Muhajruna and gave them warm reception. He eventually constructed a Mosque there called MusjiduQuba :Quba Mosque. It was recorded as first waqf in Islam. According to Prophet (SAW) a two rakaat observed therin is equal to Umrah Some other scholars are of the opinion that Haram Makki (Mosque) is undoubtedly the first waqf; with particular reference to Quran 3 vs 96. In another opinion history recordrdMukhaereeqKhaeruYahuudin. The most honest Jew who supported Prohet Muhammad (SAW) in a defensive battle against the pagants who intended invading Madina. He died in the battle, but in his WILL Prophet Muhammad (SAW) was the sole administrator, and declared his properties fisebilillah Notably Prophet Mosque in Madina and Majid Aqsa in palestain are another form of waqf right from the early history of Islam. Furthermore, we have Awqaafus- sahaabat (Abubakr, Umar, Uthman, AbdulRahambnAof, Etc) its worth mentioning that most of these Aoqaaf are still in existence. For instance Uthman’s endowment as at November 2013 is estimated to be $10,537,929. HISTORY OF WAQF

10. Locally, some notable endowments (Waqf) are that of Muhammedshitabay & co in the building of first central mosque of Lagos, Others include All Ansardudeen Mosques and Schools, All Nawairudeen Mosques and Schools, NASFAT Fountian University OsogboOsun State, WAMY/Baba WaOladimejiIgbaja Al-Hikmah University Ilorin Kwara State, His Eminence Prine Justice Bola AjibolaCresent University Abeokuta Ogun State, Ayinke House Ikeja currently serving as Teaching Hospital for LASU. We also have Bab Salam Orphanage home and Radio Lagos Adhaan project of our Late generous donor AlhajiAbdulWahabFolawuyo Likewise SulaikhaAbiola Institute Abeokuta Ogun State In the Northern state we can also mention Ahmad Chinchingi Quran Center, and Ramadan tafsir on Kaduna Radio that has being in existence for the past forty years. May Allah reward them all. HISTORY OF WAQF Cont…

11. Economy means the process or system by which good and services are produced , sold, and bought in a country or region. Or careful use of money, resources… The key here is to preserve and Invest Waqf:- Is combination of the two; idikhaar(Keeping and preserving the capital) and istithmaar, tatweer,taazeemree’in (Invest, develop, continuously grow…) Waqf in Economy

12. Al-WaqfulKhair Al-Waqfulahali Al-WaqfulMushtarak Others are:- Cash Waqf Al-WaqfulQaomi Intellectual Waqf Al-WaqfulSultani Professional Waqf Al-WaqafulJamaaheeri Artisans’ Waqf Types of Waqf

13. This is a waaqaf that its proceeds go for aamaalul birr(general acts of kindness) forever. It may be given out by state, a parastatal, corporate body and individuals. Eg: Mosques,educational Institutions, Hospitals, Cemeteries and any other infrastucture that can benefit poor and needy generally Al-WaqfulKhair

14. This is also called waqfudhurri (Waqf for children or progeny). Here the beneficiaries among the family may be one person or more, but must be well specified. Then, it would be transferred to the general waqaf after the death of all beneficiaries specified. The waaqifu (Endower) can specify any area of general use if he so wishes. Otherwise, the Nazaarat(Management) has the prerogative power to general use. Al-Waqfulahali

15. This is Joint Waqf. It is the combination of waqfulkhairi(General waqf) and waqfulahali(family waqf). The beneficiaries here are both general public and family as stated in Hujjatul waqf(terms of waqf) Al-WaqfulMushtarak

16. According to Sudanise National Law of waqf, it stands for all awqaaf, be it khair,ahali,mushtaraq of which its benefits transcends a state. Eg The awqaaf the republic has outside the country like that of King Zargasinnary kingdom(1503 to 1821) in Mecca,Medina and Jedda Al-WaqfulQaomi

17. This is Royal awqaaf, In which some rulers and kings often engage in. The benefit of which may cut across their communiites,states and beyond. Al-WaqfulSultani

18. Hadth:- An Jaabir b Abdullahi(RA) “Lam yaqumahadun min ashaabinabiyy(SAW) dhuumaqadiratinillawaqafa”(No one among the companion of the holy prophet having a ‘singular’ ability to give out waaqf, except that he does so} ibnqudama From the above hadith, We understand that this type of waqf allows every common man can participate. The example is when a community resolved to have a project to finance by dropping a token amount in a central pouse which eventually becomes huge amount of capital, The proceeds is used benefit of the community as agreed. 2121 experience in Sudan Al-WaqafulJamaaheeri(Waqf for all)

19. It is known as dustuurulwaqf(Waqf constitution) or Ishtraataatulwaaqif(condition given by the endower). It is often referred to as shurutul waqf(conditions governing the waqf). • There are 4 things involved • Waaqif(Endower) • Waqf(Endowment) • Al- Maoqufualaehi(Beneficiary) • Terms of Agreement(An endorsed legal document) Hujjatul Waqf(Terms of Waqf)Ish’haaduShari’i

20. The waaqif to be, will declare the specfic item(s): Stating the followings: • His biological data(Name,DOB,Address…) • Specify the item(s)(Location,Size,related document …) • At least two muslim, sane witnesses with their identities… • List out the beneficiaries as he wishes Then proceed to a Shariah compliance law court, OR as it may be applicable in individual/country, with the above, whose judge will now verify all the information given and then write out the TERM OF WAQF Both the waaqifu, his witnesses and the judge will endorse the agreement. See quran 2vr180 – 182, Order of Terms of waqf

21. “ASLUN YABIQAH WA THIMAARUN TUNFAQ WA THAWAABUN LAA YANQATI” “PRESERVING THE CAPITAL SPENDING THE PROCEED IN CHARITY and AN UNFAILING REWARD” Golden Goal of Waqf

22. There are 4 types or ways of administering Awqaf: a) AL idaaratul al Faridyyah al ahaliyyah (Personal and Family waqf Management) It is also called al nadhaaratulkhaassoh(Specific Management). This when the waaqif make himself or member of his family as the sole administrator. He may mention in his terms of agreement that his 1st son be the next Naadhir after him. Idaaratul Awqaf (Administration of Awqaf)

23. B) Al idaaratu al aamah(General Management) It is also referred to An Nadhaaratulaamah. It is the fomalised and organised forms of management. It entails all that is needed to ensure perfect management of awqaf. It has supervisor, directors for finance, legal, administration and investment departments, and professionals handling all issues and affairs. Idaaratul Awqaf (Administration of Awqaf) qontd

24. C) Al idaaratuladhaatiyyah(Private Management) This is not control personally or control by government, or any other arms of government except judiciary in some cases. This is belifed the only arms of government that has autonomy to abdjucate cases. It at times makes use of shariah law. Idaaratul Awqaf (Administration of Awqaf)

25. D) Al idaaratulistiqlaaliyyah(Independent administration) Historically Waaqaf is an insitution with full independence has its full principle. This is because waqful is only administered according to its terms regardless of wether the waaqif is the sole administrator or a ruler/king. The moment an item is registered as waqf then it has to govern by the conditions attached to it. Idaaratul Awqaf (Administration of Awqaf)

26. Initially Awqaf administration in Sudan was under the Judiciary.The sole administrator was Chief justice of the federation(Qaadi al qudoot) until the end of 19 century when a big change occurred in the government system of Sudan as result of modernism in all affairs including FIQH(Islamic Jurisprudence) The results of this big change brought about Communal and Private Based administration of awqaf without government interference except when there is gross corruption.(constitution of the country 2008) Presently there is Ministry of Guidance and Awqaf. IdaaratulAwqaf:Sudani Model

27. Nazoorataamat(National Secretariat) • Wilaayatulaamat(State Secretariat) Each of the above has 3 units • 1 Management • 2 Finance • 3 Investment Both National and State Secretariat has BOD • Asha’abiyyah (Local Committee): This LC is in charge of data collection of the poor for awqaf and zakat Administrative Structure

28. In 2009/2010, Sudani Chamber of awqaf carried out statistical exercise which resulted into the following: • Landed Properties(Iqaaraat) • Aljazeerat state 767; White Nile 440; Red Sea 462 • Northern 602; Sinaar 176; River Nile 374; • West Dafur 110; Qadhoorif 122; South Kurdfaan 126 • Khartoum 1735; N Kurdfaan 408; Kaslaa 343; • N Dafur 318; S Dafur 185; Blue Nile 51; • Sum Total 6219 landed properties endowment • Farm Land • Aljazeerat state 19707; Outside Aljazeerat state 3906 • White Nile 3; Northern State 2376 • Total 2 trillion dollar (estimated) Awqaf statistics in Sudan

29. The investment unit of awqaaf management has devised a mnemonics PBOST for investing awqaf funds. • P …. Pay (SadaadunMuqadamun) • B …. Build (Inshaa’u) • O …. Operate (Tashgeel) • S …. Share (Mushaarakat) • T …. Transfer (Intiqaalulmilkiyyatiilawqaaf) • Agreement between the Investor and Nazaarat should between 13,15, and maximum of 25 years, after which the complete ownership is transferred back to the Nazaarat. Istithmaarul Awqaf (Investment)

30. This is the golden opportunity for intellectuals to invest feesebillilah their literary works. Such as Muslim writers, researchers,litterateurs,poets,inventors and those who are highly talented with creativities whose products would last for ages and generations WaqfulMilkiyyatilFikriyyat(Intellectual Waqf)

31. Professionals like Professors and Universities Dons,Medical Doctors, Enginners, Accountants, Architectes and Artisans who are consultants in one field or the other and receive professional charges for services they renders can equally invest in awqaf. WaqfulMih’natwalA’amaal(Professional and Artisans’ waqf)

32. It prevent property abandonment ,loss and wastage It prompts synergy, joint ownership and rapid growth of business Funds are easily accessible because its an un ending rewards(Community Fund, Philanthropists’ support, Ethical Funds and Government ) It allows rapid development of social amenities like Hospital,Mosques,School,orphanges,maqabarah etc It is a unique complements to Zakat in poverty eradication It ensures capacity building and job opportunities It is a means to booming economy Its reward is both here and hereafter It is a means of revenue generation Benefits of Awqaf

33. Saudi Arabia,Kuwait,Jordan,Bahraen,Qatar,Orman,Turkey and Sudan most of which have ministries administering them Others include:Egypt,Syria,lebanon,Malaysia,Indonisia,Pakistan,Kenya and Nigeria Countries already Practicing Awqaf

34. Mass ignorance as of little or no general awareness Source of finance is a problem as a result of mistrust Loss of many awqaf properties Poor management and embezzlement Wastage of resources Problems of partners Government policy Challenges

35. Fiqh wise, The Hujjatul Waqf should be considered as the constitution of waqf It should state clearly the type of waqf and sealed by government It should be Islamic in concept The general Naazir (manager) should go back to judiciary ….as the executive council managing the awqaf Awqaf should be govern FiqhulIslami and not any other law All awqaf should be governed by a universal comprehensive law Awqaf should be community based foundation The system should ensure privacy and confidentiality. Essential needs of awqaf

36. The awqaf should be responsible to its workers salary just like Aamileenaalayha in Zakat management Awqaf investment should be far from haraam and shubuhaat (forbidden and ambiguities) The management should ensure that Awqaf grows and develop Almoquufualaehim (Awqaf Beneficiaries) must always benefit as stated in terms, otherwise the aims and objectives awqaf is defeated. Make maoquufualaehim as part of waqf workers to ensure that awqaf succeed The management should be effective and efficient, and give no room for loop holes Organize workshops, seminars ,conferences and ensure capacity building for awqaf workers Essential needs of awqaf cont…

37. Preamble: Q2 VS 261 and Q61 VS 10-14 Prophet (SAW) says; verily acts that could benefit believers after death include the followings: - A knowledge he spread - Or Holy Quran he left as legacy - Or a Mosque he built - Or a house he donated to wayfarers - Or a borehole he sunk for public use - Or a charity he gave out from his wealth while alive and physically sound. All these would benefit him after death” IBN MAJAH. OUR FOCUS

38. A .Integrated Hospitals .Hostels for students .Muslim guest houses .Mosques .Boreholes .Khalaawee (Quran memorisation schools) .Orphanages .Schools . Makhbarah OUR WAQF FOCUS CONT..

39. Material donation (Building, land and equipments) Monetary Professionalism (service donation i.e doctors, nurses, pharmacist other experts and artisans MODALTIES

40. 1. Muslim Scholars 2. Muslim Authority 3. Muslim Ummah (Community) 4. Muslim Organization(s) 5. Muslim Corporate individuals(s) 6. Muslim Professional body 7. Muslim Donors…. WHOSE RESPONSIBILITY

41. Constitute a standing committee, that’s composed of An experienced scholar An Architect A Figure literate (acct, economist, fin officer, Muslim bank / banker….. Two women representatives A youth representative A potential donor A reputable Muslim figure , Highly respected, to whom people’s doors are easily open A Muslim legal officer ( San, Barrister at law… Justice / magistrate.) Representative of professionals in connection with the intended Waqf project (ques, civil engineer, structural engineer…) MEANS/HOW?

42. Al madhaahib agreed that Awqaf is qurba and to’atunlillahitahala (Obidence and act of worship) Majority Asserted that once concluded it becomes irreversible. The ownership is transferred to only ALLAH(SWT) irrespective of social status of waaqif. We need to have a Waqf institution under which all our Mosque would be registered for protection. Conclusion