Islamic way of chrity

1. WAQF Presented By: AbidRehman

2. Objectives By the end of this presentation, participants would be able to: Define waqf Discuss the mussalmanwakf validating act, 1913-act no. Vi Explain who can make a Waqf Describe when Waqf is considered a complete Transaction Discuss Registration Act Explain classification of Waqf in beneficiary Discuss Waqf—Historical Experience Describe Waqf and Poverty Alleviation List the Importance of Auqaf Discuss utility of the Institution of Trust under present conditions Describe the essentials of Waqf

3. WaQf Definition: Waqf literally means ‘detention’ but in Islamic law it means: State land which are inalienable, used for charitable purposes and pious endowments. OR Things, movable or immovable, which are donated in the way of Allah are called ‘Wakf’ in Islamic terminology.

4. THE MUSSALMAN WAKF VALIDATING ACT, 1913-ACT No. VI " Wakf " means the permanent dedication by a person professing the Muslim faith of any property for any purpose recognized by the Muslim law as religious, pious or charitable.

5. Who can make a Waqf Any Muslim who has attained majority and is of sound mind can make a waqf.

6. When WaQf IS considered a complete Transaction Completion Declaration coupled with Appointment of Mutawallis Delivery of possession High court decision

7. Registration ACt Waqf requires to be Registered. Perpetuity Irrevocability Inalienability Contingency

8. Classification of Waqf in beneficiary Waqf can be divided into three classes In favour of rich & poor alike In favour of rich & then for the poor In favour of the poor alone

9. The beneficciaries According to Islamic law, waqfs may be made: For the affluent & indigent alike For the affluent & thereafter for the indigent For the indigent alone As regard to relationship The wakif The family and descendents of wakif Unrelated persons Non Muslim can be entitled to waqf

10. Historical background All income from Auqaf which has been assigned to Bait-al-Mal is the right of Bait-al-Mal In Islam HazratUmar (RA) was the first creator of a Wakf (a Wakif) or Donor

12. Other than these, the first known awqaf were established for social purposes

13. Umar bin Khattab—land of Khaybar

14. Uthman bin Affan—well in Madinah

15. Thereafter many different kinds of waqf were created

16. Public utilities, education and research, health care, etc.

18. At the end of 20th century

19. al Quds had 64 operating schools supported by awqaf (more than the no. of mosques)

21. The Holy Prophet (SAW) has furnished a Sharii (legal) basis for creating a Charitable Trust. It has been playing a very effective role in the Muslim Community. These trusts, in their large size and variety, are certainly a proud feature of the Islamic System. Poor houses to provide food & clothing to the beggars Charity Hospitals Travelling facilities Trusts for treatment of sick animals & feeding

22. Importance of Auqaf The institution of Auqaf holds a great importance. They were established in large numbers in the early phase of Islam Became source for creating means to promote public welfare.

23. Trust Properties In Islamic law, trust properties are subject to various regulations including: Terms & conditions set by the creator of the Trust, Those who bequeath property to the trust, Rules & regulations imposed by the Islamic State.

24. A trust is the collective property of the whole society; it can neither be sold nor can its ownership be transferred. However, the individuals and institutions for whom the trust has been created have the right to derive benefit from it. Trust properties cannot be re-transferred to the ownership of the donor.

25. Purpose of Auqaf The basic purpose of this system of Auqaf is to prevent the concentration of wealth in a few hands.

26. How to achieve this objective?

27. Muslims have been exhorted to give: Zakat Sadqat Alms Create trust

28. Implications in present time Such trusts can even be founded in the forms of factories, gardens, transport companies and properties for rent.

29. Utility of the Institution of Trust under present conditions Agriculture or industrial property Economic resources Underground mineral deposits Donations

30. THE MUSSALMAN WAKF VALIDATING ACT, 1913ACT No. VI of 1913

31. Power of Muslims to create certain wakfs Faith to create a wakf which in all other respects is in accordance with the provisions of Muslim law, for the following among other purposes :- (a) for the maintenance and support wholly or partially of his family, children or descendants, and (b) where the person creating a wakf is a Hanafi Muslim, also for his own maintenance and support during his lifetime or for the payment of his debts out of the rents and profits of the property dedicated; Provided that the ultimate benefit is in such cases expressly or impliedly reserved for the poor or for any other purpose recognised by the Muslim law as a religious, pious or charitable purpose of a permanent character.

32. Wakfs not to be invalid by reason of remoteness of benefit to proof No such wakf shall be deemed to be invalid merely because the benefit reserved therein for the poor or other religious, pious or charitable purpose of a permanent nature is postponed until after the extinction of the family, children or descendants of the person creating the wakf.

33. Saving of local and sectarian custom Nothing in this Act shall affect any custom or usage whether local or prevalent among Muslims of any particular class or sect.

34. Summarization:Essentials of Waqf The motive in waqf is always religious. It is foundation endowed in perpetuity. Dedication is permanent and irrevocable. Wakif is not entitled to take any benefit in the waqf property. Property capable of being endowed in perpetuity can be the subject matter of waqf. Trustee differ widely from mutawalli.

35. Summarization:Essentials of Waqf Waqf must be a permanent endowment Writing is not necessary to create it It may be validly constituted by long user It can be made by will

36. Refrences Islamic Economics. Abdul Hameed Dar The MussalmanWakf Validating Act, 1913-Act No. VI