to explain: 1. Waqf, management of waqf, conditions of waqf, types of waqf
2. Bait-ul-mal, history of bait-ul-mal
3. Realistic evaluation of Islamic bank of Pakistan
WAQF – INTRODUCTION ⚫Waqf, in Arabic language, means hold, confinement or prohibition. ⚫The word waqf is used in Islam in the meaning of holding certain property and preserving it for the confined benefit of certain philanthropy and prohibiting any use or disposition of it outside that specific objective. ⚫ In the history of Islam, the first religious waqf is the mosque of Quba’ in Madinah, a city 400 kilometer north of Makkah, which was built upon the arrival of the Prophet Muhammad in 622. DEFINITION OF WAQF ⚫According to Waqf act 1954 sec 3(i): “Waqf Means the permanent dedication by a person professing islam of any movable and immovable property for any purpose recognized by muslim law as pious, religious or charitable.” MANAGEMENT OF WAQF
⚫The waqf manager is usually called
“MUTAWALLI” and his\her responsibility is to administer the waqf property to the best interest of the beneficiaries. ⚫The person who creates waqf is called Wqaif. CONDITIONS OF WAQIF
1. Waqif may be male or female
2. Waqif must be sound mind. 3. Waqif must be the owner of the property. 4. Waqif must be the age of the maturity. CONDITIONS OF MUTAWALLI
1. MUTAWALLI must be sound mind.
2. MUTAWALLI must be the age of the maturity. 3. MUTAWALLI must be a muslim OWNERSHIP OF WAQF
⚫From legal point of view, the ownership of waqf
property lies outside the person who created the waqf. ⚫Some Muslim jurists argue that the right of ownership of waqf belongs to Allah. ⚫ Others believe that it belongs to the beneficiaries although their ownership is not complete in the sense that they are not permitted to dispose of the property or use it in a way different from what was decreed by the founder of waqf. CHARACTERISTICS OF WAQF 1. perpetuity: It means that once a property, often a real estate, is dedicated as waqf it remains waqf for ever. 2. Permanence of stipulations of waqf founder: Since waqf is a voluntary act of benevolence, conditions specified by the founder must be fulfilled to their letter as long as they do not contradict or violate any of the Shariah rulings. LEGAL CONDITIONS OF WAQF ⚫ The property must be a real estate or a thing which has some meaning of perpetuity. ⚫ The property should be given on a permanent basis. Some jurists approve temporary waqf only in the case of family waqf. ⚫ The waqf founder should be legally fit and apt to take such an action, ⚫ The purpose of the waqf must, in the ultimate analysis be an act of charity from both points of view of Shariah and of the founder. ⚫ Finally, beneficiaries, person(s) or purpose(s), must be alive and legitimate. Waqf on the dead is not permissible. TYPES OF WAQF ⚫Waqf Zhurri A type of WAQF in which a person designates oneself or some specified individuals as the beneficiaries of the endowment's revenues or proceeds. ⚫Waqf al-Sabil A type of waqf which is established to serve the general public. Examples of waqf al-sabil include construction of a masjid, school, hospital, residential building, etc. Continue.. ⚫ Waqf al-Awaridh A type of waqf in which the yield is held in reserve so that it can be used at times of emergency or unexpected events that negatively influence the livelihood and well-being of a community of people. ⚫ WAQF AHLI A type of waqf (endowment) in which a person (waqf initiator) designates oneself or some specified individuals as the beneficiaries of the endowment's revenues or proceeds. ⚫ Waqf khayri: The proceeds of waqf are earmarked to charity and philanthropy. Examples of beneficiaries include the poor and the needy. BAIT-UL-MAL ⚫ Bait-ul-mal is an Arabic term that is translated as "House of money“ or "House of Wealth.“ ⚫ “Bait-ul-Mal” means the welfare fund . ⚫ The Bait-ul-Mal shall be administered by the Board. HISTORY OF BAIT UL MAAL ⚫ Bait ul maal was developed as a financial institution in the Islamic states, this financial institution used to administer the taxes. ⚫ The bait ul maal was established in the era of the Islamic caliphate. ⚫ It was formed as the royal reserves for sultans and caliphs; another purpose of bait ul maal was to manage personal finances and the expenditures of the government. ⚫ Moreover, the bait ul maal was used to manage the distributions of zakat for the public works. Continue.. ⚫During the reign of Hazrat Muhammad (SAW) a permanent bait ul maal was not established ⚫During the caliphate of Hazrat Abu Bakr bait ul maal was also not kept as there was no prominent need for the reserves to be kept ⚫Hazrat Umar established a permanent bait ul maal after consulting with his companions The Bait-ul-Mal shall be financed from the following sources ⚫Transfer of receipts from tax levied for this purpose. ⚫Grants from the Federal Government, Provincial Governments, local authorities, national organizations and international agencies. ⚫voluntary donations, including sudqat and atiyyat by individuals, societies, bodies, institutions or organizations. The moneys in the Bait-ul-Mal shall be utilized for the following purposes namely ⚫To provide financial assistance to destitute and needy widows, orphans, invalid, infirm and other needy persons; ⚫to provide residential accommodation and necessary facilities to the persons specified. ⚫ to provide for free medical treatment for indigent sick persons and to set up free hospitals, poor houses and rehabilitation centers and to give financial aid to charitable institutions, including industrial homes and other educational institutions established specially for poor and needy. REALISTIC EVALUATION OF ISLAMIC BANKING IN PAKISTAN ⚫ Islamic banking has become today an undeniable reality. ⚫ The number of islamic banks and the financial institution is ever increasing in Pakistan. ⚫ New islamic banks with huge amount of capital are being established. Conventional banks are opening Islamic windows or Islamic subsidiaries for the operation of islamic banking. ⚫ It seems that the size of Islamic banking will be at least multiplied during the next decade and the operation of islamic banks are expected to cover a large area of financial transaction of Pakistan. REFERENCE ⚫Islamic finance by Mufti Muhammad taqi Usmani ⚫Book source: https://drive.google.com/file/d/1m25I83QwgpHFCjuqD Ev7cQnN_9-4y74D/view?usp=sharing • https://en.wikipedia.org/wiki/Pakistan_Bait-ul-M al • https://www.minhaj.org/english/tid/3731/Bait-ul- Maal.html • https://www.lawctopus.com/academike/concept- waqf-muslim-law/ Thank You Respected Students Best of Luck for the Learning Process