The 2015 International Conference of Management Sciences ICoMS 2015, April 23, UMY, Indonesia
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the stocks of awqaf assets and hence the benefitsusufructs, will increase over time. However
to realize its potential, awqaf institutions need to be supported by clear legislation, run and managed
efficiently by professionals, and supported by adequate and sustained waqf funding. The focus of
this paper is on the role of the State Islamic Religious Council Negeri Sembilan MAINS in terms of the
management and administration of waqf in the State. Under Section 5 of the Wakaf Negeri Sembilan
Enactment 2005, MAINS is the sole-trustee of awqaf assets in the State.
This paper is structured as follows. A brief discussion on the fiqh of waqf is given after the Introduction
section. This is followed by a discussion on the role of the State Islamic Religious Council Negeri
Sembilan MAINS, Malaysia in enhancing waqf institution; and the final section gives the summary
and conclusion.
2. FIQH OF WAQF
Waqf or awqaf plural is derived from the verb
wa- qa-fa
فقو. In terms of language, waqf means to stop نكسلا, to prevent عنملا and to hold سبحلا Wahbah
Zuhaili, 1985. In Islamic terms, Waqf is an endowment of a portion of one’s wealth either in kind
or as cash that is permanent and irrevocable the corpus is detained for the sole purpose to be close to
Allah SWT
taqarrub
. Once the asset has been given out as a Waqf, the right of the endower
waqif
over the property ceases. The asset can no longer be
subjected to sales transaction or bequeathed or given out as
hibah
or written as a
wassiyyah.
The original asset
mauquf
may be invested and the usufructs or returns will be distributed to the beneficiaries either
for general or specific welfare as specified by the
waqif.
An asset that is endowed as Waqf may be in the form of fixedimmovable asset such as mosque,
musolla, madrasah and land or movable asset such as cash and shares.
Al-Quran and Sunnah have enjoinedencouraged Muslims to give out their property as charity in
general or as Waqf. The following are some verses translations from the Al-Quran that encourage
Muslims to give out some portion of their property in charity:
“O you who believe Spend of the good things which you have legally earned, and of that which We have
produced from the earth for you” Al-Baqarah: 267
In another verse: “By no means shall you attain Al-Birr piety,
righteousness, unless you spend in Allah’s cause of that which you love. And whatever you spend is
known to Allah” ‘Ali ‘Imran: 92.
From the Sunnah: Ibn Umar reported
:
Umar acquired a land at Khaibar. He came to Allahs Apostle may peace be upon him
and sought his advice in regard to it
.
He said
:
“Allahs Messenger, I have acquired land in
Khaibar. I have never acquired property more valuable for me
than this, so what do you command me to do with
it?” Thereupon he Allahs Apostle said: “If you
like, you may keep the corpus intact waqf and give
its produce as Sadaqa”. So Umar gave it as Sadaqa declaring that property must not be sold or inherited
or given away as gift. And Umar devoted it to the poor, to the nearest kin, and to the emancipation of
slaves, aired in the way of Allah and guests. There is no sin for one, who administers it if he eats
something from it in a reasonable manner, or if he feeds his friends and does not hoard up goods for
himself
. He the narrator said: I narrated this hadith to Muhammad, but as I reached the words
without hoarding for himself out of it. he Muhammad
said: without storing the property with a view to becoming rich. Ibn Aun said: He who
read this book pertaining to Waqf informed me that in it the words are without storing the property
with a view to becoming rich. Sahih Muslim, Book 013, Hadith no. 4006
Abu Huraira reported Allah’s Messenger pbuh as saying:
“When a m
an dies, all his acts come to an end, but three; recurring charity, sadaqa jariya
donation for the awqaf, or knowledge by which people benefit, or a pious offspring, who prays for
him
” Sahih Muslim. The rewards for the good actions including waqf are continuous even after the
person passes away.
3. WAQF MANAGEMENT AND ADMINISTRATION IN NEGERI SEMBILAN
