ISLAMIC UNDERSTANDING OF WAQF SADAQAT JAARIYAT BY USTADH

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

INTRODUCTION “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” (Q 9 vs 60)

TYPES OF SADAQAH Daen/Mudaayanah (Loan) Q 2 vs 282 - 283 2 QARDAN HASSAN (GOOD LOAN) Q 2 vs 245, Q 57 vs 11 3 Hibah (free gift) 4 Wasiyah (will) i. e 1/3 of deceasaed Muslim legacy given to non heir, Q 4 vs 11 -12, Q 2 vs 180, Also see example of Sa’ad bn abu waqas 5 Tabaruat (Donation) 6 Infaq Afwu (spending out of excess) 7 Care for poor relation, (widows, orphans) Q 2 vs 1

TYPES OF SADAQAH CONT… 8. It’amu ta’am (Feeding hungry ones) Q 76 vs 8 -10, Q 90 vs 11 -15, Q 74 vs 41 -47 9. Iftar Saim (feeding of Muslims) 10. Body Sadaqah, “……. . observance of two raqa’at is sadaqah to the body……. ” 11. Sadaqat Jariyah (WAQF) 12. General Sadaqah

DEFINITION OF WAQF � � 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”) eg Waqaftu Daaba(Keep a cattle) i. e Habastuha fisabillahi(I keep/preserve to be used in the cause of ALLAH) Technical meaning: � Malikiyah: - I’itaau manfa’ati shae’in mudata wujudihi laaziman baqaahuhu fi ma’atihi walau taqdiiran ( Giving out something beneficial permanently…) � Hanabilah: - Tahbeesul Asl, wa taseebilu thamarat (preserve the origin, and Using the proceed in good cause) � Shafiyyah: - Habsul malin yumkinul intifaau bihi, maa baqaai ainihi…(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: - Habsul mamuluki, an tamuleeki minal gayri (Holding on to a property (usefully) and disallowing others from claming the ownership) Sheikh Abu Zuhrat said “Al waqf habsul aein, wa tasadduq bi

IT’S LEGALITIES(MASHRUUHIYYA) � Q 28 vr 77 Wabitagi fima ataka llahu dhara liakhairat…. � Q 73 vr 19 waqrudullah hassana… � Hadith: - An Abi Huraerah (R. A) Qaala rusulullah(SAW) “Idhaa maatal insaanu, inqata’a anihu amaluhu, illa min thalathatin, sodaqatin jaariyatin, au illmin yuntafa’a bihi…, (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

IT’S LEGALITIES(MASHRUUHIYYA) CONT… � 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’ta habasta aslaha, 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) CNTD. � Abu Bakr Siddeeq(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 yaqum ahadun min ashaabi nabiyy(SAW) dhuu maqadiratin illa waqafa”(No one among the companion of the holy prophet having a ‘singular’ ability to give out waaqf, except that he does so} ibn qudama

HISTORY OF WAQF � � � 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 Musjidu Quba : 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 recordrd Mukhaereeq Khaeru Yahuudin. 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, Abdul. Raham bn Aof, 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 CONT… � � � Locally, some notable endowments (Waqf) are that of Muhammed shitabay & 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 Osogbo Osun State, WAMY/Baba Wa Oladimeji Igbaja Al-Hikmah University Ilorin Kwara State, His Eminence Prine Justice Bola Ajibola Cresent 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 Alhaji Abdul. Wahab Folawuyo Likewise Sulaikha Abiola 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.

WAQF IN ECONOMY � 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, taazeem ree’in (Invest, develop, continuously grow…)

TYPES OF WAQF � Al-Waqful Khair � Al-Waqful ahali � Al-Waqful Mushtarak � Al-Waqful Qaomi � Al-Waqful Sultani � Al-Waqaful Jamaaheeri Others are: - Cash Waqf Intellectual Waqf Professional Waqf Artisans’ Waqf

AL-WAQFUL KHAIR � 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-WAQFUL AHALI � This is also called waqfu dhurri (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-WAQFUL MUSHTARAK �This is Joint Waqf. It is the combination of waqful khairi(General waqf) and waqful ahali(family waqf). The beneficiaries here are both general public and family as stated in Hujjatul waqf(terms of waqf)

AL-WAQFUL QAOMI �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 Zarga sinnary kingdom(1503 to 1821) in Mecca, Medina and Jedda

AL-WAQFUL SULTANI �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-WAQAFUL JAMAAHEERI (WAQF FOR ALL) � Hadth: - An Jaabir b Abdullahi(RA) “Lam yaqum ahadun min ashaabi nabiyy(SAW) dhuu maqadiratin illa waqafa”(No one among the companion of the holy prophet having a ‘singular’ ability to give out waaqf, except that he does so} ibn qudama � 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

HUJJATUL WAQF(TERMS OF WAQF) ISH’HAADU SHARI’I � It is known as dustuurul waqf(Waqf constitution) or Ishtraataatul waaqif(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- Maoqufu alaehi(Beneficiary) � Terms of Agreement(An endorsed legal document)

ORDER OF TERMS OF WAQF � 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 2 vr 180 – 182,

GOLDEN GOAL OF WAQF � “ASLUN YABIQAH � WA THIMAARUN TUNFAQ � WA THAWAABUN LAA YANQATI” � “PRESERVING THE CAPITAL � SPENDING THE PROCEED IN CHARITY and � AN UNFAILING REWARD”

IDAARATUL AWQAF (ADMINISTRATION OF AWQAF) � 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 nadhaaratul khaassoh(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 1 st son be the next Naadhir after him.

IDAARATUL AWQAF (ADMINISTRATION OF AWQAF) QONTD � B) Al idaaratu al aamah(General Management) It is also referred to An Nadhaaratul aamah. 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) � C) Al idaaratul adhaatiyyah(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) � D) Al idaaratul istiqlaaliyyah(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: SUDANI MODEL � 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.

ADMINISTRATIVE STRUCTURE � Nazoorat aamat(National Secretariat) � Wilaayatul aamat(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

AWQAF STATISTICS IN SUDAN � � � 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)

ISTITHMAARUL AWQAF (INVESTMENT) � The investment unit of awqaaf management has devised a mnemonics PBOST for investing awqaf funds. �P …. Pay (Sadaadun Muqadamun) � B …. Build (Inshaa’u) � O …. Operate (Tashgeel) � S …. Share (Mushaarakat) � T …. Transfer (Intiqaalul milkiyyatiil awqaaf) � 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.

WAQFUL MILKIYYATIL FIKRIYYAT (INTELLECTUAL WAQF) � 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

WAQFUL MIH’NAT WAL A’AMAAL (PROFESSIONAL AND ARTISANS’ WAQF) � 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.

BENEFITS OF AWQAF 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 �

COUNTRIES ALREADY PRACTICING AWQAF � Saudi Arabia, Kuwait, Jordan, Bahraen, Qatar, Orman, Turkey and Sudan most of which have ministries administering them � Others include: Egypt, Syria, lebanon, Malaysia, Indonisia, Pakist an, Kenya and Nigeria

CHALLENGES � 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

ESSENTIAL NEEDS OF AWQAF � 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 Fiqhul Islami 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 CONT… The awqaf should be responsible to its workers salary just like Aamileena alayha in Zakat management � Awqaf investment should be far from haraam and shubuhaat (forbidden and ambiguities) � The management should ensure that Awqaf grows and develop � Almoquufu alaehim (Awqaf Beneficiaries) must always benefit as stated in terms, otherwise the aims and objectives awqaf is defeated. � Make maoquufu alaehim 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 �

OUR FOCUS � Preamble: Q 2 VS 261 and Q 61 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 WAQF FOCUS CONT. . A . Integrated Hospitals. Hostels for students. Muslim guest houses. Mosques. Boreholes. Khalaawee (Quran memorisation schools). Orphanages. Schools. Makhbarah

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

WHOSE RESPONSIBILITY � 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….

MEANS/HOW? 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…)

CONCLUSION � Al madhaahib agreed that Awqaf is qurba and to’atun lillahitahala (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.