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WAQF IN MEDIEVAL ISLAM: AN OVERVIEW
MOHD ZAKHIRI MD NOR1, ANI MUNIRAH MOHAMAD2
1Research Fellow, Institute for Management & Business Research (IMBRe), School of Law, Universiti Utara Malaysia 2Research Fellow, Centre for Testing, Measurement and Appraisal (CeTMA), School of Law, Universiti Utara
Malaysia
Abstract: Waqf terminology was not found indirectly in the Al-Quran. However, sadaqah is often associated with waqf, which refers to religious endowments, since Prophet Muhammad emphasised that Muslim deeds can be contributed continuously to receive reward from Allah. The key reason for the idea of waqf was to restore the roots to nature for the sake of Allah, which in this sense meant to support the poor and vulnerable people in society. The aim of this paper is to look at the practise of waqf in mediaeval Islam and the position of cash waqf. In this article adopted the qualitative and content analysis method. This paper was successful in describing waqf, which is a structure distinct from Islamic states and other states in medieval Islam, and cash waqf was permitted during the Ottoman era. This paper is noteworthy because it demonstrated the popularity of the waqf paradigm in medieval Islam. Waqf clearly benefited the whole community.
Keywords: Waqf, Medieval Islam, Cash Waqf.
Table of Contents
1. INTRODUCTION
2. DEFINITION OF WAQF
3. ROLE OF WAQF
4. HISTORY OF WAQF IN MEDIEVAL PERIOD
5. WAQF IN OTTOMAN PERIOD
6. WAQF IN ADMINISTRATION OF NUR AL-DIN
7. WAQF ADMINISTRATION UNDER SALADIN
8. TYPES OF WAQF
8.1 Waqf Am
8.2 Waqf Khas
8.3 Contemporary Issues of Waqf
8.4 The Principle of Perpetuity in Waqf
8.5 Cash Waqf
9. CONCLUSION
10. ACKNOWLEDGMENT
1. INTRODUCTION
The evolution of waqf could be observed through its properties and the effects of waqf on culture, both Muslim and non-Muslim, throughout Islamic history. Furthermore, waqf assists Muslim society in cultural development by providing medical, educational, and other public facilities that can be used for free in order to maintain the five elements of maqasid Syariah, which are life, faith, intellectual, generation, and wealth. During the early period of Prophet Muhammad SAW, he used waqf as a method for guidance against Islamic societies at the time in order to receive Allah's blessing due to the continuous value of waqf uses. According to the hadith of Sahih Muslim, "when a man dies, his actions cease except for three things: sadaqah jariah (unending charity), beneficial intelligence, or a virtuous descendant who prays for him (the deceased)." This demonstrates that the core of waqf acts as a form of worship to Allah. Furthermore, waqf has proven to be capable of boosting Islamic state economies from the early days of Islam to the present day by reducing poverty, creating employment opportunities, and reducing government spending. Recently, waqf has be regarded as part of Islamic finance inclusion. Islamic finance has been developed in many jurisdictions including Malaysia and Saudi Arabia (Mohd Zakhiri, 2012)
2. DEFINITION OF WAQF
Waqf, or endowment, plays an important role in promoting national equality and human development by forming a solid structure for organising, modifying, and controlling the state of richness and wealth in Islamic society. The waqf structure is one of the features that distinguishes Islamic society from others. The development of waqf is for founders to attain righteousness in Al Quran, Surah Al Imran (3:92), where the verse says, "Never can you attain the good [reward] unless you invest [in the way of Allah ] from that which you love." and whatever you pay, Allah is aware of it. Waqf can be interpreted literally as detention, which means to stop or keep. In Islamic Law, waqf is an institutional arrangement in which the owner endows his or her property in the name of certain individuals or things, implying that the property is provided for the benefit of the needy (Muhammad Zubair Abbasi, 2012).
Many Islamic scholars have expressed their opinions on the concept of waqf. The classical concept of waqf, according to Imam Abu Hanifah, is the appropriation of something in such a way that the founder's right in it continues and the benefit of it goes to some charitable object. According to Abu Zaharah, waqf is the prevention of a benefit generating estate from corporal disposal by the use of usufruct and benefit in charity planned at the time and thereafter. Imam Shafi'i described waqf as keeping wealth that can help others and keeping it in the same form while the original owner is unable to consume it, while Sayyid Sabiq defined waqf as detention or stoppage. He described waqf as the retention of original source that will not be inherited, sold, or given as a gift while dedicating its profit to charitable acts (Abu Bakar Sani, 2016).
Based on the meaning given by the jurists, one may infer that waqf is an act in which you donate your property for charitable purposes, and once you have donated that property, you cannot assert ownership of it, but it is considered ownerless.
3. ROLE OF WAQF
Waqf plays an important role in Islamic socioeconomics, as evidenced by its presence in Islamic history. Since waqf is a charitable act, waqf assets will continue to grow while also being prohibited from declining due to the ban on consuming or leaving waqf assets as they are. As a result, waqf is not only an investment, but also a cumulative and growing investment (Mochammad Arif Budiman, 2014). In terms of economics, there are many advantages of using the waqf scheme.
Reduced government spending and participation in the economy is one of the positions that can be seen. Since the aim of waqf is to serve the public interest, providing a waqf fund for public schools, mosques, or other commodities allows the government to save money that can be used to improve the country by sustaining or developing other commodities. Furthermore, waqf helps to relieve the government's burden and decreases the government's role in the economy, as more government participation hinders the growth of the private sector. They will be able to expand their companies as there are more openings in the private sector. This was demonstrated during the Uthman era, when statesmen and wealthy people developed and built public facilities, and almost all state facilities and services were protected by waqf. This demonstrates how waqf has aided the government in lowering its management costs.
Furthermore, it can be observed that most Muslim-majority countries are generally poorer than other countries in the world, such as Africa and Bangladesh, as evidenced by global civilization. Poverty is undeniably a major issue that is difficult to eradicate, yet it can be mitigated by the use of the waqf scheme. Waqf funding has allowed schools, hospitals, and roads to operate for free or at a low cost, allowing vulnerable people to benefit from the services provided by waqf. Poor people could have a better life and be motivated to change their lives if these facilities were available. Furthermore, the importance of waqf in promoting economic development can be seen, with waqf serving as a source of financial support, community service, and assistance. This can be seen in the efforts of waqf funding to promote the development of small and medium-sized businesses (SMEs). Help is provided not only in the form of financial assistance or loans, but also in the form of enhanced capacities, sustainable ventures, and the creation of more employment for others, especially the disadvantaged. Aside from providing financial assistance, a waqf institution could serve as their advisor, advising them on business development, strategic planning, and growth. Waqf's assistance
would also help to reduce retail costs, as large companies will have to lower their prices to compete with these small businesses in order to stay in operation.
4. HISTORY OF WAQF IN MEDIEVAL PERIOD
Historically, the idea of waqf was already in use during the time of Prophet Muhammad SAW, and it assisted in the establishment of Islamic socioeconomics. Waqf was also extended in terms of infrastructure by expenditure or istithmar to optimise its utility. Haji Mohammad MTS (2004) listed four inspiring events in early Islamic history that led to the establishment of the legal system of waqf:
1. The Prophet's donation of land for the construction of the Quba mosque after he migrated to Medina.
2. The Rumah donation (a well bought by Saidina Uthman the third Caliph, to be used by public, including himself, for drinking water and household needs).
3. Talha's gift of a garden to his relatives on the advice of a Prophet.
4. Umar al-donation Khattab's of land in Khayber on the advice of a Prophet for the sake of charity to the needy, families, manumission, wonderers, and guests for Allah's way
These evidences indicate that waqf properties played a direct role in the development of an Islamic nation during the time of Prophet Muhammad and his companions. During the Umayyad caliphate, however, the application of waqf was continued from generation to generation until the Ottoman period. The idea of waqf was aligned with the Ottoman era during the administration of Nur al-Din (1118-1174) and Salah al-Din, also known as Saladin (1174-1193).
5. WAQF IN OTTOMAN PERIOD
During the Ottoman era, in addition to using waqf for charitable purposes, it was also used as a tool for conquest and colonisation, especially in Rumelia, which is now Turkey, and the Balkans, which are located between Georgia and Russia. They carried out this process by gaining territories through military victory, then distributing it to the Sultan in the form of private land to the Sufi leaders who participated in the military. It is an act of gratitude for the Sufi's contributions to Islam, and most leaders will convert these properties into waqf, which means that the waqf will be selected from the endower's descendants. This is to ensure that the property will not be seized by the government and that the hospice's activities will continue in perpetuity, or in other words, that the hospice will continue to be a place for Sufi to practise Islamic religious practices. Another method of conquest during the Ottoman era is divided into two phases, the first of which is conquest of neighboring states, and the second of which is the establishment of direct control vassals against these states, which means that the states must provide military or financial support as required. Furthermore, they create a timar system on these territories, which is a tax grant in exchange for military service rendered to these states. Furthermore, conquest would not be limited to military and religious relations, but would also include the establishment of cultural, economic, and political affairs. To ensure the sheikh's autonomy and the perpetuity of the income produced by these taxes, they would convert their private property into waqf. Sultans, on the other hand, created waqf land as a gift for the fulfilment of public duties, where abandoned lands will be reclaimed and more facilities, such as a hospice or an agricultural centre, will be built to boost the state's economic activities. The task would be assigned to the sheikh, but if they failed to fulfil it, the waqf would be taken and granted to another sheikh who could fulfil it (Yidrim, 2011).
6. WAQF IN ADMINISTRATION OF NUR AL-DIN
Nur al-Din was a Syrian ruler who succeeded to power in 1145, according to the Encyclopaedia. He was the son of conqueror Zangi. He was a prominent leader in leading economics during his period, and he is well-known for his attributes of justice and fairness, which he demonstrated by establishing various buildings such as hospitals, madrasahs, mosques, and schools. (Nur al-Din, 2019). According to Daud (2015), in the early years of his rule in Aleppo, he founded the second Shafi'i madrasah, al-Madrasah al-Halawiyyah, after al-Madrasah al-Zajjajiyyah, which was a significant blow to the Shi'ite madhab at the time. Not to mention, his official increased the number of madrasahs from one to eight, laying a solid foundation for the sunni madhab in Aleppo, and it was the first strategic move in 1155 to create a strong education programme in Damascus through the establishment of madrasahs. Waqf made it
possible to carry out these strategic plans (Burhan Che Daud, 2015). As a result, numerous Muslim communities, including scholars, preachers, rulers, and ordinary citizens from within and outside Syria, such as Damascus, Baghdad, Mosul, and Iraq, backed his tajdid initiatives wholeheartedly. Furthermore, Burhan Che Daud (2015) stated that after gaining the confidence of the people, he began to use the waqf system to work on a holistic programme that includes social, economic, and social security in order to assist people. The establishment of Dar al-Adl (House of Justice), educational institutions, jawami (large mosques), masajid (small mosques), and the construction of ribat and khanqah (Sufi hospices) for Sufi masters and their students were among the infrastructures constructed through waqf policy. Nur al-Din effectively patronised constructive social and economic growth by waqf policy and its efficient approaches to sequentially evolving private law under his rulings. Burhan Che Daud (2015), citing Stefan Heidemann, relates waqf policy to private law. Nur al-Din used his waqf policy and its implementation to its full potential as a tool for social and economic development of Muslims in Syria. His waqf policy includes a diverse range of endowments, including local shops, bazaars, tenement buildings, commercial complexes, bakeries, mills, and public baths. Che Daud (2015) added that Nur al-waqf Din's policy created four legal categories of masalih al-muslimin: real estate that was part of the Umayyad family's legacy within the city, patrimony acquired with waqf and mali assets, family waqfs that turned to patrimony after the last beneficiary died, and commercial real estate built on public streets. In short, this model can explain Nur al-waqf Din's policy.
Figure 1. Nur Al-Din's Waqf Policy Model (Che Daud, 2015).
7. WAQF ADMINISTRATION UNDER SALADIN
Saladin used waqf as a major tool to gain political and military control over Egypt and Syria in preparation for the Crusades (Yehoshu A Frenkel, 1999). His waqf policy can be viewed as below;
Figure 2. Saladin's Waqf Policy Model
According to Figure 2, Saladin's waqf was primarily concerned with waging war against the Crusades, where the Crusades attempted to divide Muslims under Saladin's rulings by spreading their biblical ideas of Glory, Gospel, and Gold. Thus, in order to raise more funds to strengthen his army, he instituted a new fiscal policy in Egypt, with five phases of implementation. Che Daud (2015) described these five phases as follows: "Change of Egypty agrarian administration that includes the reorganisation of iq'(land tenure), the modification of the tax collection system, and the introduction of a new system of payment for soldiers, b) Replacement of state payment system by dnr jaysh (money of account), c) Abolition of muks (taxes), d) Introduction of zakat Saladin's contributions to waqf policy can be seen in his success in carrying on the work of his predecessor ruler, Nur al-Din, by establishing madrasahs to lay a solid foundation for Islam to flourish during the Holy War. As a result, the establishment of madrasahs gained complete Sunni support, and the Fatimid state was attempted to be abolished. According to Frenkel, the main reason Saladin wanted to overthrow Fatimid state was because Fatimid state used extreme methods to ensure only Shi'ite is the only religion in Islam and other religions should be killed. For example, in the years 1135-1137, an Imam from the Fatimid state was forced to appoint a non-Muslim as vizier and instructed a Muslim mob to attack Armenian monasteries. During this conflict, Saladin was able to confiscate enemies' properties, known as fay, and reward his soldiers for their loyalty and support. After the Fatimid state was abolished, Saladin took over Cairo and Jerusalem to lay the groundwork for an Islamic state, and Sunni praised Saladin as al-Malik al-Nasir for defeating Islam's enemies, such as the Shi'ite sector of Islam, and winning the Holy War against the Crusades.
8. TYPES OF WAQF
8.1 Waqf Am
Waqf am, also known as general waqf or public waqf, aims to serve the public interest without specifying beneficiaries or specific purposes. The property given under this waqf will be kept in perpetuity and cannot be disposed of by the donor, and no declaration of acceptance is required from the beneficiary, and the waqf will be considered complete once the endower's intention is fulfilled. According to the Hanafi and Hanbali schools, there is no requirement for the beneficiary to declare acceptance because simply declaring endowment is sufficient (Seman Kamal, Hoque, 2017).
8.2 Waqf Khas
Waqf khas is a private waqf in which the beneficiaries are specified, as well as the purpose for which it will be served by the endower. For waqf khas, the mutawalli or trustee of the waqf must fulfil the conditions specified in the waqf, unless the conditions are prohibited by Shariah or the law. The purpose of waqf khas is to provide additional income or financial assistance to the founder's descendants in order to help them maintain their lives. Furthermore, it serves as a mechanism for capital accumulation across generations, which is critical for economic growth and development, and it has been recognised in the United States. Yayasan Waqf Malaysia's Sijil Tunai Pendidikan, which aims to finance those in need of educational aids, is an example of waqf khas.
8.3 Contemporary Issues of Waqf
The evolution of the waqf system has resulted in contemporary issues such as the perpetuity principle in waqf and the use of cash waqf. These concerns will be examined in the context of the Islamic mediaeval period.
8.4 The Principle of Perpetuity in Waqf
In the context of Islamic waqf, perpetuity can mean that once an asset is designated as waqf, it remains waqf forever, its benefits are indefinite, and it must be managed by mutawallis or principals (Budiman MA, 2017). Since the Islamic mediaeval period, the principle of perpetuity has been used, and the essence of continuity has provided consistent benefits to the Umayyid caliphate period, the Abbassid period, and the Ottoman period. The perpetuity principle in waqf should be discussed in terms of family waqf (dhirri) and charitable trust waqf (khayri). The use of dhirri, for example, can be seen in endowment properties such as mansions, residential apartments, and orange grooves (bayyarat) (Salim Tamari, 2018). The principle of perpetuity appears to be applicable during the
classical Islamic period, but is this principle reasonable to apply in modern waqf? According to Syed Khalid Rashid (2018), the debate over the perpetuity and temporality of waqf is raging, with different perspectives held by Islamic jurists such as Imam Maliki, Imam Hanbali, Imam Hanafi, and Imam Shafi'ie. Shafi'ies and Hanafis were aligned together to hold a strong position on perpetuity, as opposed to Malikis and Hanbalis. Syed Khalid Rashid (2018), on the other hand, emphasised that there were two exceptions to Hanafi's point of view by reducing the perpetuity to temporality of waqf. For starters, the custom and characteristics of waqf demonstrate that it is incapable of being a perpetual waqf, such as burdens, weapons of war, and things that can only be used for a limited time. Second, Hanafis are permitted to change the use of waqf if the beneficiaries so desire (Khalid Rashid, 2018.) However, his two disciples, Abu Yusuf and Imam Muhammad, were opposed to this idea because waqf properties are only vested in Allah's rights and should be kept in perpetuity as an act of worship to Allah. Furthermore, the issue of perpetuity can be viewed in the context of a principal-agent relationship. Mutawallis have fiduciary responsibilities under Islamic law to manage waqf assets that are to be operated in perpetuity. Mutawallis, in this context, is an agent hired by the principal to manage his or her asset. Furthermore, the principal-agent relationship will create a problem in determining waqf, whether charitable or family waqf. According to Timur Kuran (2001), if the waqf is charitable, it will create a dilemma in the principal-agent relationship. He used the example of a principal dying, which puts the agent in a quandary about whether or not to continue the waqf operation. Once their principal dies, there is a chance that the mutawallis and appointed managers of the waqf will commit embezzlement. Furthermore, there will be mismanagement by mutawallis because there will be no principal to guide them in managing the waqf. In contrast to the family waqf, the founder of the family waqf deals with family security by stipulating an agreement to hire himself as mutawallis and his close relatives as his employees in order to earn a handsome salary. In this way, Timur Kuran (2001) demonstrated that he dedicated an idea to focusing on the family circle in order to secure financial and security in perpetuity. The main concept of waqf is to provide continuous benefits to society as a reward for Allah's blessings; however, the principle of perpetual waqf cannot keep up with technological advancements and is unable to adapt to the supply-demand of society (Timur Kuran, 2001). For example, the application of the principle of perpetuity in waqf had an impact on the welfare beings of mutawallis in charge of managing waqf assets. This is due to the fact that old waqf is no longer relevant in dealing with technological advancements, and their operation should be permanent as they are based on the principle of perpetuity. As a result, mutawallis will face difficulties as a result of this principle.
8.5 Cash Waqf
During the Ottoman period, the use of cash waqf was widely used within Islamic states to improve their economic situation at the time. However, the issue with cash waqf was that the value of commodities fluctuated from time to time and was inconsistent, which violated the principle of waqf perpetuity in Islamic law. Imam Hanafis and his disciples, Abu Yusuf and Imam Muhammad, were opposed to the use of cash as waqf because its properties were constantly changing and temporary. As a result, according to Hanafis, cash should be prohibited from being waqf. Murat Cizackca went on to say that during the ottoman period, Imam Zufar issued a fatwa requiring cash waqf to be invested through mudharabah. During the period 1667-1805, the application of waqf was to cover the economic, and Ottoman cash waqf lent money with a nearly constant return (Murat Cizaka, 1998). Evidently, during the Ottoman period, cash waqf was permitted. However, it is interesting to note that there are distinctions between the concept of waqf in Islam and charitable trust in western traditions (Mohd Zakhiri, 2021).
9. CONCLUSION
In the nutshell, throughout Islamic history, the benevolence of waqf has played a significant role in the contributions of Islamic society to its socio-economic, cultural, and religious growth. This paper was successful in describing waqf, which is a structure that differs from Islamic states and other states in that it is based on the concept of a perpetual object that was created out of charity and serves as a form of worship to Allah. Furthermore, historically, waqf was commonly used to cover a wide range of needs, including hospices, schools, public baths, orchards, and other public necessities. This paper
focuses on the Ottoman period's use of waqf, which was a popular figure under the administration of Nur al-Din and Saladin. Nur al-legacy Din's was passed down to Saladin, who developed a powerful waqf model in their time. Nur al-Din focusing on jihad encompasses political, economic, and religious growth was the most distinguishing feature of their waqf model. Saladin's waqf model, on the other hand, was primarily concerned with protecting faith through Holy War. Last but not least, the waqf is divided into two categories: public and private. However, this paper focused on two key problems, which are as follows: This paper was successful in describing waqf, which is a structure that differs from Islamic states and other states in that it is based on the concept of a perpetual object that was created out of charity and serves as a form of worship to Allah. This paper proposed that further research be done to enhance historical research on the specific uses of waqf during the Islamic mediaeval period.
10. ACKNOWLEDGMENT
This paper was supported by Ministry of Higher Education (MOHE) of Malaysia through Fundamental Research Grant Scheme FRGS/1/2018/SSI10/UUM/02/8. Special Thanks also to Universiti Utara Malaysia
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