31 OPINON
STAR - NO 1996 - 22 AU 29 AVRIL 2023
MODERN MANAGEMENT OF CASH WAQF
An Organ for Sustainable Development
F
rom the Hanafi School,
a disciple of Imam Abu
Hanifah, Imam Zufar
approved all movable
properties to be dedicated as
waqf (endowment), including
the waqf of dirham and dinar,
namely waqf al-nuqud (cash
waqf). Under cash waqf, the
waqf asset is the cash amount.
Cash waqf differs from more
well-known types of waqf
such as waqf of property of a
permanent nature such as land
and buildings, or the donation
of cash to purchase a waqf
asset such as for construction
of mosques, wells, Islamic
schools or giving access to
clean water in remote areas.
Wa q f i s s y n ony m o u s
to sadaqah jaariyah,
representing an ongoing
charity that continues to
generate rewards to the
donor even after his death.
However, waqf entails specific
requirements for the key
parties involved, including
the donor (waqif), the waqf
asset and the beneficiaries.
For instance, the waqf asset
that is endowed must be of
a perpetual nature so that
it generates sust ainable
benefits to the beneficiaries.
Once the waqf asset is
endowed, the declaration
cannot be rescinded upon by
the waqif. Once the waqf asset
is endowed, it also cannot be
transferred away from the
designated beneficiaries.
For instance, the heirs of
the donor cannot claim the
asset back. A waqf deed
is also required to define
the objectives of the waqf,
nominate the beneficiaries
and their rights, appoint the
nazir (manager), etc.
In recent times, cash waqf
has gained high significance,
with its applications being
adopted in various countries,
with prominence in Malaysia,
Singapore and Indonesia. The
concept has been discussed by
contemporary Islamic fatwa
bodies and the overwhelming
majority view is that cash
waqf is permissible as is the
waqf of gold and silver coins.
Proponents of this view
include:
• Re s olut i on s of t he
International Islamic Fiqh
Academy of the Organisation
of Islamic Cooperation (IIFA-
OIC) in its 15th session held in
Muscat, Sultanate of Oman in
2004.
• The Accounting and
Auditing Organization for
Islamic Financial Institutions
(AAOIFI) Shari’ah Standard
No. 33 issued in 2008 and
Shari’ah Standard No. 60
issued in 2019 on waqf.
• Indonesia n Act No.
41/2004, Article 12 (3) and
Majelis Ulama Indonesia
(2002).
• The 77th Conference of
the Fatwa Committee of the
National Council for Islamic
Religious Affairs Malaysia held
on 10–12 April 2007.
The way cash waqf works is
as follows:
• Cash is donated by donors
(waqifs) as waqf.
• The pooled funds are
invested in low risk and
a d i ve r s i f i e d p o r t fo l i o
of Sh a r i’a h-compl i a nt
investments, while ensuring
that the principal amount is
well-preserved.
• Pa r t of t he prof it s
generated from the
investments is spent on
charitable and social causes for
the benefit of the nominated
beneficiaries.
• Part of the profits can be
reinvested in the cash waqf
fund to develop a sustainable
fund that will grow over time.
Cash waqf thus differs
from giving cash for the
construction of a well (where
the well is the waqf asset)
because under the former
the money is first invested
in income generating
i nvest ment s before t he
returns are spent on charitable
projects. The aim is to increase
the efficiency, sustainability
and impact of waqf funds so
that more charitable causes
can be pursued to assist a
larger group of the community.
As opposed to zakat, a diverse
range of beneficiaries can
benefit from waqf proceeds,
including non-Muslims, one’s
family members, the wealthy,
Eid Mubarak
the environment, animals, etc.
A number of cash waqf
i n s t it ut i on s h ave b e en
developed worldw ide
promoting the concept of cash
waqf and making significant
contribution towards the
development of the society.
Global names include:
• Finterra’s Waqf Chain
that revitalises the dynamics
of waqf by leveraging on
blockchain technolog y
(https://mywaqf.com/).
• Global Sadaqah that
har nesses the power of
sadaqah, zakat and waqf
through online donations
to f und a number of
laudable projects (https://
globalsadaqah.com/).
• myWakaf platform that
represents a collaboration
between Islamic banks and
Majlis Agama Islam Negeri
(MAIN) in Malaysia for the
empowerment of underserved
communities and financial
inclusion ( ht tps://w w w.
mywakaf.com.my/).
The modern management
of cash waqf institutions
entails various best practices
for effective management of
waqf to ensure sustainable
returns to beneficiaries and
the financing of a wide range
of impactful projects. Some of
these practices are examined
briefly.
1. Investment of waqf
f unds in shor t, medium
and long term investment
oppor tunities whereby
income generated can finance
different categories of projects
to develop small businesses,
generate employ ment
opportunities, and empower
communities.
2. Embedding waqf
gover n a nc e w it h i n t he
management of waqf funds
so that key responsibilities
of parties involved are well
defined, and investment
policies, operational
procedures, measures of
internal control, transparency
and disclosures are in place to
ensure the waqf objectives
are achieved in an effective
manner. The AAOIFI issued its
Governance Standard No. 13
on Waqf Governance in 2020.
3. Increasing transparency
and accountability by online
tracking of the donations
received and full disclosure of
the collected funds for use in
specific projects.
4. Improving trust and
credibility through enhanced
due diligence and KYC of
partners with whom the cash
waqf institution collaborates.
T his ensures that the
campaigns for which funding
is raised have been verified,
the partners running the
projects are trustworthy,
and the projects are Shari’ah-
compliant and eligible to
receive waqf funding. Donors
can thus be assured that their
waqf donations are being
effectively spent on genuine
projects that would make an
impactful contribution on
peoples’ lives.
5. Instilling proper
organisational structure at
the level of the institution
managing the cash waqf
funds, including appointing
committees that are key
to the proper functioning
of the organisation such
as investment committee,
Shari’ah committee, audit and
governance committee.
6. Leveraging on
technolog y for enhanced
performance of cash waqf
institutions. For instance,
Finterra is a waqf platform
that uses blockchain
technology to develop waqf
smart contracts to track waqf
por tfolios’ per formance.
BY
DR SALMA SAIRALLY
PhD (Economics);
Certified Shari’ah Advisor
and Auditor, AAOIFI
G l o b a l Sadaqah is
powered by Ethis, an Islamic
fintech enterprise, and is
Islamic Dig ital Economy
(IDE) Standards Compliant—
standards that tech
companies need to comply
with to form part of Malaysia’s
Islamic dig it al economy
community.
7. Developing a wide range
of collaborations with varied
stakeholders such as religious
bodies, foundations, banks,
NGOs and corporates so that
different kinds of projects can
be developed to meet the needs
of different beneficiaries. This
means that the purpose of
waqf is no longer restricted
to objectives such as mosque
construction and cemetery
d e v e l o p m e n t . R a t h e r,
contemporary uses of waqf may
include business development
for women empowerment,
funding of innovative research,
environmental protection,
animal welfare programmes,
and rehabilitation programmes
for drug addicts, etc.
Worldwide, the concept
of waqf is being developed
in innovative ways so that its
use can be revitalised to play
a significant role in the socio-
economic development of
Muslim communities and the
larger society.
In Mauritius, the
institution of waqf is still at its
basic level of understanding
and its development has
limited purposes. Waqf is
yet to be revolutionised to
create an impact on society.
It is time that we also learn
from the successful waqf
stories of other countries to
create our own pathway in
developing new waqf assets
for the upliftment of different
stakeholders of our society.