Islam strongly subscribes to the notion of endorsing socio-economic and welfare-friendly practices. It is this very proposition that engrains in a Muslim’s heart and mind the significance of participating in numerous social and virtuous activities. From amongst the various highly recommended supererogatory practices, Islam profusely appreciates and promotes philanthropic and charitable deeds. The concept of Waqf (endowment) which derives its roots from approximately fourteen centuries back, embodies this very ideal of Islam.
Literally,Waqf is translated as confinement, detention, holding and prohibition. In the juristic terms, Waqf is a special kind of philanthropic deed in perpetuity that is exercised in a non-perishable asset by designating the specific categories of beneficiaries to receive its usufructs or revenues.
Waqf has been categorised in various forms, namely religious, charitable, family and a blend of all these. The first mosque in Islamic history known as Masjid-e-Qubah is recognised as the first instance of religious Waqf.
For the public utility or social causes, one of the first deeds of Waqf in Islamic history was carried out by the second caliph Omar Ibn-e-Khattab in 6thHijri. This initiation of Omar R.A was basically an outcome of inspiration that he had captured on prophet’s suggestion to render his palm orchard in Khaiber as Waqf for the pious cause of Allah (SWT). Historically this initiation was enthusiastically followed by the prophet’s companions in Arab, and ‘later on’ the same drew an overwhelming attention of Muslims around the globe. In the subsequent centuries, Muslims in different parts of the world profoundly participated in Waqf and other kinds of philanthropic exercises.
In this respect, the shining role of affluent Indian Muslims could hardly be overlooked or underestimated. India has been accommodating hundreds of thousand Waqf properties since centuries. Historically, most of the Indian Waqfs were made during the regimes of Muslim Sultans and Mughal emperors.
Interestingly, up till the Mughal period, Indian Waqf properties were managed by the nominated Mutawallis, and were supervised by appointed Qazis (Islamic jurists) in accordance with the Shariah law. In this way, these properties were put in efficient use and they would yield considerable revenues that were spent according to the will of Waqif (endower) in specific purposes. However, with the fall of Mughal dynasty and subsequent advent of British rule in the country, Qazis were replaced by English judges and the special nature of Waqf was suspended. This change of paradigm, in fact, caused a gradual deterioration of the institution of Waqf in the country. In the following years, the Waqf properties were subject to severe mismanagement and blatant encroachments by successive corrupt administrators.
Significantly, in the post independent India, on the part of Muslims it was highly expected that now the administrative responsibilities of Awqaf should be handed over to the Islamic institutions so that they can manage them according to the well-established jurisprudence of Awqaf. However, unfortunately, it never happened. As under the provision of the 1954 Waqf act, the Government of India took a driver’s seat in managing and administrating the Awqaf. Thus the door of undue political intervention, manipulation and corruption in this religious practice was deliberately left wide open. Although, in 1995 in response to the ever growing agitated voices of the Muslim Community, the Government resorted to amend the existing Waqf law, and pretended to democratize the selection process of Waqf administrators, but this in no way served the purpose; as the Waqf related Shariah guidelines were put to rest in the process.
Waqf isprimarily meant for safeguarding the interest of deprived and underprivileged sections of the society in general and of Muslims in particular. In view of this objective, it is quite imperative to manage the Waqf properties in consonance with the related Shariah guidelines so that the actual target of the same could be achieved in the best possible manner.
In recent years, the legality and validity of Waqf management practices in different countries and states have been fiercely challenged by Shariah scholars. In this regard, the Indian central Waqf management board, which accommodates one of the greatest numbers of Waqf properties in the World, has attracted a surge of harsh criticism for not being in compliance with the Shariah guidelines of Waqf management. Scholars of various areas and fields have, over the years, raised their voices and concerns against the flawed laws and faulty policies of the successive governments towards the Waqf management in the country. Owing to all these, of late, the deed of Waqf that is recognized in Shariah as a highly appreciable and virtuous act has lost its practical spirit and social appeal in India.
The rampant malfunctions and prevalent corruptions in the Waqf management of the country has been a continuous cause of concern for both the Waqifs (endowers) and the beneficiaries. Also on the practical ground, this has added to the misery of poor Muslims as they are deprived of receiving desired social and economic benefits from this institution. In addition to it, as poverty has been identified the biggest hurdle in the way of Indian Muslims’ prosperity and progress, the potential role of Waqf has become much more significant in uplifting the community socially and financially.
(The author is a Doctoral Candidate (Islamic Economics)
Markfield Institute of Higher Education Leicestershire, United Kingdom
0044-7438508698, abdullahfaizi99@yahoo.com )