"And in their wealth there is
due share for the beggar and the deprived." [Al-Zariyat].
A Waqf is an arabic word its plural is awqaf. It is a religious endowment in
Islam which cannot be taken away. In Islamic legal terminology, the Waqf means
chiefly to protect a thing; so that it does not become the property of a third
person. It signifies the dedication of property to charitable purposes.
When Omar Ibn Al Khattab consulted about his land lot from Prophet (PBUH) then
Prophet (PBUH) advised him : “Bequest its stock and dedicate its progeny.” It
signifies that the source of the money becomes bequested and neither its owner,
nor his heirs nor anybody else is allowed to use it, except the people for whom
this money was bequested such as the poor, the ill, orphans, holy fighters,
knowledge seekers, passers-by, and widows. Thus, “bequest” here means
terminating the owner's right. Dedication means offering the progeny of this
property in the cause of ALLAH to those for whom this property has been
bequested by the bequester.
There are two basic types of waqf. Waqf Khairee (general Waqf) is generally for
the welfare of the poor, the needy, public utilities such as schools, colleges,
hospitals, clinics, old people’s houses and orphanages, etc. Waqf Khas or Waqf
Ahlee (private Waqf) is initially endowed upon oneself, children, relatives, and
later revolves for the benefit of broader welfare purposes.
In the history of Islam, the first religious waqf is the mosque of Quba' in
Madinah which was built upon the arrival of the Prophet Muhammad in 622.
Philanthropic waqf is the second kind of waqf. It aims at supporting the poor
segment of the society. It began by the Prophet Muhammad too. Third kind of waqf
started immediately after the death of the prophet during the reign of Umar, the
second successor. This kind of waqf is called posterity or family waqf.
Prophet Muhammad (peace be upon him) laid a great stress on the Waqf of orphans.
Prophet Muhammad(PBUH) said: “Whoever treats an orphan girl or boy well, I will
be with him on the Day of Resurrection like these, and he pointed to his two
fingers, the index finger and the middle finger.”
The Waqf is a cardinal Islamic institution that has influenced Islamic and world
economic development and socio-economic or political history. The Waqf's
significance arises out of its centrality to the Islamic principle of charity (zakat).
The Qur’an contains no specific reference to the endowment (waqf) and its legal
parameters have been developed through centuries by jurists. The waqf was a key
public institution within Islam and the cities under Ottoman rule, and is still
popular today. Waqf creates habit among people to exercise their duties. Quran
says, "The (true) believers are those only who believe in ALLAH and His
Messenger and afterward doubt not, but strive with their wealth and their lives
for the cause of ALLAH."
Waqf inculcates among Muslims to think and make plans for the future. Waqf
endowment is considered as a process of anticipating and managing the future: a
hereafter future for the person making the Waqf endowment, and a worldly future
for the person benefiting from it. It is a source for the purification of the
soul "Of their wealth take alms to purify and sanctify them." It also insures
basic needs for society and its needy classes in a lasting, guaranteed way.
Evidence for Waqf’s legitimacy can be deduced from the Quranic verse in Surah
A’l Imran where God Almighty says: (You shall not receive goodliness unless you
spend out of that which is dear to you); which the venerable companion Abu Talha
interpreted accordingly and hence endowed his exquisite garden Birhaa upon Waqf,
which action was approved by the Messenger (Peace be upon him).
Again there is affirmative evidence in the hadith , "When a human being dies,
his work for God comes to an end except for three: a lasting charity, knowledge
that benefits others, and a good child who calls on God for his favor."
Then there is the case of Omar bin Khattab who granted his land in Khaybar to
Waqf, on the advice of the Messenger (Peace be upon him), together with other
similar charities and endowments by other Companions of the Prophet.
There are four canons of Waqf. The endower, the target beneficiary (person or
purpose), the endowed assets (property or fund) and the legal form or terms in
which the Waqf contract is written or expressed.
In Pakistan the financial position of most of the Awqaf Department is sound. Aid
is given by the Awqaf Departments of the various provinces to widows, destitutes
and other needy people.
Taken all-in–all, it can safely be said that the institution of Waqf has played
a positive role in social, economic and moral development of Muslim societies
over time. The administrative diversities and different uses of their revenues
provide an element of flexibility in introducing needed reform in our time. This
institution which reconfirms the role of “Ijtihad” , is capable of dealing with
modern problem of public finance. If properly organized and supervised, it can
provide a sustained source of transfer payments for eradicating sufferings of
the poor in the Muslim countries like the relief or eradication of poverty; the
advancement of education; the promotion of art, science and religion; the
protection of the environment; the advancement of human rights and fundamental
freedom; or any other purposes which are beneficial to the community.
“So fear ALLAH as much as Ye can: listen and obey: and spend in charity for the
benefit of your own souls and those saved from the covetousness of their
own souls – they are the ones that achieve prosperity.”