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WAQF MANAGEMENT IN BANGLADESH: AN ANALYSIS FROM MAQASID
AL-SHAR‘AH PERSPECTIVE
Dr. Abu Ayub Md. Ibrahim
Senior Lecturer in Islamic Studies
Manarat International University
&
Shahadat Hossain Khan
Research Officer
Bangladesh Islamic Law Research And Legal Aid Centre
ABSTRACT
The primary objective of this paper is to study the condition of waqf management in Bangladesh
from Maqasid al Shari’ahperspective. The paper also examines either the Maqasid al
Shariahare achieved in waqf management or not. Moreover, the prevailing circumstance of waqf
in Bangladesh, the legal and administrative infrastructure, internal flaws in waqf management
and limitations & way out to this have been focused in the viewpoint of Maqasid al Shariah. The
methodologies used in this paper are analytical and critical. The primary sources of Islamic
knowledge such as Qur’an and Sunnah have been studied carefully. Other secondary sources
have also been studied and analyzed critically to explore the findings. It has been found that the
waqf management in Bangladesh is full of incompetence and difficulties. However, this waqf
system could be used very effectively to alleviate poverty and to improve the condition of
underprivileged people in Bangladesh. Some recommendations have been prescribed to make the
waqf system effective and fruitful in order to achieve the Maqasid al Shariah.
Keywords: Waqf Management, Maqasid al Shari’ah, Poverty and Bangladesh.
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1. Introduction
Bangladesh is a poverty stricken developing country of South Asia. More than 90% people of
this country are Muslim. There are over two laks Waqf estates in this country which are
traditionally obtained and patronized. Only a few of these are administered by the Waqf
Administration under the Ministry of Religious Affair. About 90% of the estates are taken care
of by the local executive committee which is completely beyond the control of Govt. The
mismanagement both in Govt. and Local executive level is descending this prospective sector to
a desertion gradually. If management of this sector is properly executed as per the direction of
Maqasid Al- Shari’ah, then the scenario will change substantially. Otherwise the desired goal
will not be attained. Proper implementation of the Waqf management in this poverty hit country
will make astounding development in the socio-economic arena alongside fulfilling the
conditions of Maqasid Al- Shari’ah. The whole Waqf Management have to be reshuffled in the
light of Maqasid to get the best output as Islamic Sharia is introduced to ensure the total welfare
of the mankind eliminating all malevolence.
2. Definition of Waqf
2.1. Lexical meaning of Waqf
Lexical meaning of Waqf is stopping, stop(page), halt(ing), estate, cessation, discontinuation,
giving up, leaving up, leaving off, desistance, desisting, refrainment, refraining, abstention,
abstaining. Rohi (1999)
The meaning of waqafaas verb-to come to a standstill, come to a stop, to stand still, to
place.Wehr (1980)initially the words Sadaka, Habs, Ahbas were used to represent Waqf. But
later on Waqf has been used extensively replacing those words. Though in some of the African
countries ‘Ahbas’ is still used to mean ‘Awqaf’. www.alifta.net 26/9/14
2.2. Terminological meaning of Waqf
Fuqaha (scholars of Fiqh) defined Waqf as under,
To donate somebody a property from which he can enjoy the full profit share out of it or get
benefitted. This benefit can be extracted permanently or temporarily. Kanduj (2009)
Famous faqeeh Abu Jahra defined thus,
“To acquire land property as per the condition of Waqf in such a way that nobody can sell it
anywhere, donate or enjoy it as inheritance.” Maidi (2002)
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According to dictionary of Legal Terms, “Extinction of the proprietor’s ownership in the
property and the creation of trust of the property for religious purposes.” Agarwal (1975)
Islamic Encyclopedia introduces, “Waqf is such a property which is disowned by the owner or
condition that a trust will own that property and its profit would be utilized in a noble purpose.
The process or method which conducts this donation can be termed as Waqf.” A Rahim (1989)
Clause no. 2(10) of Bangladesh Waqf order 1962 defines Waqf as under,
“Waqf is the donation of any property by any Muslim with a view to accomplishing religious or
charitable activities.” A Hamid (2009)
3. Definition of ‘Maqasid al Shari’ah
Maqasid is the plural form of Maqsad. The origin of the word Maqsad is Qasad. Qasad and
Maqsad are used in the same meaning. Such as, destination, intention, intent, design, purpose,
resolution, object, goal, aim etc. Wehr (1980)But in Arabic language the word Shariah
represents the place of drinking water, fountain etc. Manjur (1956)
Dr. Abdul Karim Jaidan provides terminological definition of Shari’ah as under,
“The codes ordained by Almighty Allah upon his servants are called Shariah”.Zaidan (1969)
Noted scholar Shaikh Allal Al-Fasi has defined Maqasid al Shariah in his book ‘Maqasid al
Shari’ah alIslamiahwaMakarimuha’
“Maqasid al Shari’ah depicts the objective and internal significance or mystery which is
considered by the entity (Allah) while He imposes it upon His servant”. Al-Fasi (1979)
In the view of Dr. Ahmed Ar-Raisuni, Shari’ah codified for implementation of objectives to
benefit the servants of Allah is called Maqasid al Shari’ah”. Raisuni (1411 AH)
4. Fundamental objectives of Islamic Shari’ah
In the view of Imam Gajali and his teacher ImamulHaramine Abu Al-Ma’ali Al-Juaini (R)
preservation and restoration of Deen (Islam), life, wisdom and wealth is wajib. Later on Imam
Shatibi (R) supported these and described as the basis of Shari’ah.
The books written in early age tell that the subjects of Shari’ah was not constrained within those
five things. Rather a lot more things were included in Maqasid alShari’ah. Shihabuddin Al-
Karafi added ‘protection of honor’ with the list of Imam Gajali (R). IbnulKayim (R) included
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establishing justice, protection of social welfare, prohibition of injustice and unsocial activities
within the scope of Maqasid al-Shari’ah.
Taqi al-Din ibnTaymiyyah (d. 728/1328) was probably the first scholar to depart from the notion
of confining the Maqasid to a specific number and added, to the existing list of the Maqasid,
such things as fulfillment of contracts, preservation of the ties of kinship, honoring the rights of
one’s neighbor, in so far as the affairs of this world are concerned, and the love of God, sincerity,
trustworthiness, and moral purity, in relationship to the hereafter. Taymiyyah(1398 AH)
Rashid Rida (d. 1354ah/1935 CE) surveyed the Qur’an to identify its Maqasid, which included,
‘reform of the pillars of faith, and spreading awareness that Islam is the religion of pure natural
disposition, reason, knowledge, wisdom, proof, freedom, independence, social, political, and
economic reform, and women’s rights.’Al-Tahir ibnAshur (d. 1325 ah/ 1907 CE) proposed that
the universal Maqasid of the Islamic law is to maintain ‘orderliness, equality, freedom,
facilitation, and the preservation of pure natural disposition (fitrah).
Yusuf al-Qaradawi (1345 ah/1926 CE) also surveyed the Qur’an and concluded the following
universal Maqasid: ‘Preserving true faith, maintaining human dignity and rights, calling people
toworship God, purifying the soul, restoring moral values, building good families, treating
women fairly, building a strong Islamic nation and calling for a cooperative world.Jasserauda
(2007)
The above discussion clarifies that the objectives of Shari’ah are not constrained in certain
number. As Islamic Shari’ah encompasses the integrated human life as a whole, the laws of
Shari’ah exist in all sphere of life. The number of fundamental objectives of Shari’ah is five
including some optional objectives beyond this.
5. The scenario of Waqf in Bangladesh
Historically there exists huge property obtained through Waqf in Bangladesh. From early age of
dynastic realm Muslim ruler of the country and rich people donated their mentionable property
on Waqf basis for the purpose of religious and general education, orphanage, Hospitals and
socio-economic development activities. The contribution of Waqf property is commendable in
Bangladesh like other Muslim countries of the world. More than 8 thousand educational
institutes are running on the basis of Waqf. More than 1,23000 mosques –the center of moral and
religious education have been founded through Waqf and those are running by its self-earned
fund. Faisal (2012)
Most of the madrasahs founded and run through Waqf are approved by Bangladesh Madrasah
Education Board. The students of those madrasahs are seeking higher education from different
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public and private universities of the country and getting established. This is the way Waqf is
contributing positively for the development of education of the country. To assess the
contribution of Waqf in the socio-economic development of Bangladesh the statistics and
relevant information of Waqf property is rudimentary. But the prevailing statistics on Waqf
property is of early 1986. Bangladesh Bureau of statistics (BBS) conducted the survey on request
of the then ministry of religious affairs about 29 years back. Huge Waqf property has been
unlawfully captured for no survey taking place afterwards in the last three decades. This illegal
occupancy is still on its course. For this reason, we are not getting the real statistics of the
presently existed Waqf property.
As per the survey conducted in 1986 the number of total Waqf property of the country was
150,153. Among which 97,046 were registered, 45,607 were verbally donated and the rest 7,940
were traditionally acquired. These Waqf properties can yield five kinds of advantages that are
extracted by general people, inheritors, religious institutions, educational institutions and others.
Among these highest share of 93.5 percent of the Waqf property was utilized by religious
institutions. These Waqf estates are executed and controlled by inheritors, trustee boards,
committee, Government officers and others. Among those 92.5% are controlled by local
committee or caretaker and the least portion are controlled by trustee board.
From the accounts of income and expenditure or journals we find that the annual income of those
Waqf estates is 906 million BDT. So remaining surplusmoney is 50 million BDT. 1 luck 19
thousand 265 acre of land is under the supervision of Waqf estate. This is the gross scenario of
the Waqf property of the country according to the three decades old statistics. But presently this
income is assumed to have increased manifold. BBS (1987)
6. The statistics of Waqf in Bangladesh
Since independence in 1971 there was no particular statistics of millions of Waqf property.
Whereas particular statistics is a rudimental thing for the proper development and proper
functioning of those Waqf property.
From the advent and inception of living of Muslims – that count 90% of the total population –
the Muslim rulers Mughal, Nababi, British and Pakistani regimes, pious landlords and rich
people have donated their property on Waqf basis. But long way down no investigation or survey
took place although in 1923 and 1962 Waqf law had been enacted. No elective steps had been
taken even after 15 years of independence. Then after a long wait in 1986 Bangladesh Bureau of
statistics (BBS) conducted a survey on request of the then Ministry of Religious affair. Survey
was conducted by the appointed local affairs of BBS during the month of January and
February’1986. According to the survey of 1986 total number of Waqf estate of the country was
150,593. Each Waqf estate was used in different purposes like managing the affairs of mosque,
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madrasha, graveyard, Eidgah (place of Eid prayer) etc. Statistics conducted in 1983 shows that
total number of the mosque of the country was 131, 641 among which 123,006 were as the Waqf
property according to the survey of 1986.
As per the survey of 1986 highest number of Waqf estate was in the district of Comilla counting
9,841. Second and third highest Waqfestate was in Meymensing and Chittagong district
respectively counting 5,659 and 5,535. The least number of Waqf estates were in the district of
Bandarban and Rangamati ranked second in least number of Waqf estate counting 201 and 300
respectively. It was found that, according to the mosque survey of 1986 the district of Bandarban
had the least number of mosques. Division wise statistics shows that the highest number of Waqf
estates was in Rajshahi Division counting 45,159 which were about 30% of the total Waqf estate.
Second and third highest Waqf estates were in and Chittagong Division respectively which
counted 41,317 and 26,386 figuring 27.45% and 17.52% in percentage. The least Waqf estate
was in Sylhet Division counting 11,267 which was 7.50% of the total estate. The number of
Waqf estate of Barishal and Khulna Division were 11,931 and 14,533 whose percentage figures
were 7.95% and 9.52% respectively.
The whole Waqf property of the country, as per the survey conducted by the Waqf estate in 1986,
were divided into three categories such as, Registered, Verbal and Traditional. ‘Registered’
means that property which is registered in the concerned administrative office of the
Government. ‘Verbal’ means that Waqf property which had been executed by the oral declaration
of the donor. These are not registered. ‘Traditional’ means those Waqf property which had been
conducted and controlled traditionally from long past.
These could be either personal or Government property. Among 15059 Waqfestates number of
registered Waqf estate is 97,046. Highest number of registered Waqf estate is in Rajshahi
Division counting 30,419 which is 31.34% of the registered ones. Second and third highest
registered Waqf estates are in Dhaka and Chittagong Division that count 28,422 and 17,562
whose percentage figures are 29.29% and 18.10% respectively. The least number of registered
Waqf estates are in Sylhet Division counting 6024 which is 6.21% of the total registered Waqf
estate.
Rajshahi Division has the highest number of verbal Waqf estate which counts 12,809. Dhaka
Division is ranked second in verbal Waqf estate with the number 11,225. The percentage figure
of the verbal Waqf estates of those two divisions are 28.1% and 24.61% as compared with the
total verbal Waqf estates. Among the traditional Waqf estates the highest number is in Rajshahi
Division and the lowest is in Sylhet counting 1971 and 744 whose percentage figures are 24.82%
and 9.37% respectively.
Above observation shows that according to the Waqf estates statistics conducted in 1986, less
than one third of the total Waqf estates are registered. Whereas all the Waqf estates were
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supposed to be registered as per the Waqf law. Such a big number of Waqf estates not being
registered. Bangladesh Government is losing huge revenue and Waqf property cannot contribute
that much in development as a result. BBS (1987)
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7. What is Waqf management?
In modern age management is considered to be a very important self-oriented issue. Although
Waqf management existed immediate after its inception, it was not that organized and systematic
like the way it is now. It is elementary to have gross overview about management in general
before having the idea about Waqf management. The most basic definition of management is –
what manager accomplishes is called management. In general usage the word “management”
identifies a special group of people who direct effort towards common objectives through the
activities of other people. One of the common definitions on management is-“The process of
getting things done by and through others’’ koontz and Donnel state “Management is a distinct
social process consisting of planning, organizing, directing, motivating, coordinating and
controlling, applied to the efforts of employees to utilize efficiently man, materials, machine,
methods, money and market with a view to achieving predetermined objectives. Mohiuddin
In the light of aforementioned definition of management we can say “To donate some movable
or immovable property or money as Waqf and afterwards to execute or control that property with
a view to achieving some predetermined target with a very dexterous management is called Waqf
Management. Waqf management initiates just the moment a person plans to donate some
property as Waqf. Afterwards that Waqf property is utilized to materialize the goal with the
assistance of organization, direction, patronization and manpower.
8. The types of Waqf management in Bangladesh:
Three kinds of Waqf management are in Bangladesh. First Waqf that are created as private trusts
are not listed in the office of the Administrator of Waqf (OAW) in the ministry of Religious
Affairs; Second, Waqf managed by the Mutawallis or committees, without registering the
Waqfwith OAW and third, Waqf which are registered with OAW. Sadeq (2002)
Besides this some of the banks have introduced Cash Waqf which is executed under their own
management. For the Waqf management in Bangladesh Bengal Waqf Act 1934 was introduced in
British regime and Waqf ordinance 1962 was introduced in Pakistani regime. Recently “Special
Procedure Act 2013” was introduced on February’24 2013 with a view to setting a methodology
for handing over and development of Waqf property. Last two acts are emphatically dealing with
the Waqf management in Bangladesh. Although the direct management is executed by the
concerned Mutawalli committee for the management of Waqf property in Bangladesh,Waqf
management administration under the ministry of religious affair looks after the indirect
management of Waqf.
9. Bangladesh Waqf Administration
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Introduction: Bangladesh Waqf Administration is religious, social and charitable autonomous
organization. Waqf administration was originated through Bengal Waqf Act 1934 which started
the enlisting activity of Waqf estates from the Calcutta office of the Waqf commissioner.
Afterwards Waqf ordinance- 1962 was formed for the proper administration, control and
management of the Waqf estates. Presently Waqf administration of Bangladesh is conducted
according to the rules and regulations of Waqf ordinance-1962.
Aims and objectives:
Theprimary objectives if this organization is to ensure the proper take care, control and
management of the Waqf estates including fulfilling the wish of theWaqif.
Organizational structure:
Bangladesh Waqf administration is situated in its own building in Dhaka at 4, new Eskaton Road.
According to the organogram the number of approved posts of the Head office is 48: 1 (one)
Waqf administrator, 2 (two) sub Waqf Administrators, 7 (seven) Assistant Waqf Administrators
and 38 supporting stuffs. Besides there are 21 district offices each having 3 manpower including
1(one) inspector, 1 (investigator) and 1(MLSS) summing up the total number of personnel to 63.
Fund:Thenumber of enlisted Waqf estates of the Waqf Administration is 20,439. The main
source of income of the Waqf Administration is 5% annual subscription of the estates. In the
fiscal year 2012-13 total collected subscription was 5 crore 41 laks and 21 thousand BDT.
Activities:Presently following activities are conducted under the supervision of Waqf
Administration according to the Waqf ordinance 1962 since its inception.
a) Identification of Waqf property of the Waqf estates on conducting survey.
b) Management of Waqf estates and taking necessary measures to form committee as
required for utilizing the fund.
c) Appointment of Mutawally in vacant post and even elimination of Mutawallyif necessary
for any kind of mistrust, ill-management, unfair activity, forfeiting of fund etc.
d) Giving permission of handing over any parts of its property for its development and
welfare.
e) Giving advertisement for the administration, control, management and looking after of
the Waqf property like majar, Eidgah and others.
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f) If any case is filed in High court Division or Appellate Division of Judge Court or
Supreme Court against any order of Waqf administration then to conduct the case on
behalf of the Govt.
g) Application of power of the administration by District Commissioner or other
representatives according to the clause 36 of Waqf ordinance – 1962.
h) Taking initiatives for the enlistment of the unlisted Waqf estates.
i) Taking decision whether any property is donated as Waqf or not according to Waqf
ordinance – 1962.
j) Investigation on the report of income and expenditure submitted by any Mutawallyand
giving necessary order on the audit report.
k) Taking necessary initiatives to expel the illegal intruder into the Waqf property and taking
legal actions against the people disrupting the activities of the estates.
l) To collect the annual 5% subscription from the Waqf committee of the Waqf estates.
m) To ensure the proper investigation and utilization of t e Waqf fund according to the
clauses of 73 and 74 of Waqf ordinance 1962.
n) To file case if necessary in defending Waqf property.
o) Taking initiatives of the investment of the property confiscated by the Govt. and buying
property in the name of the estates
p) Accomplishment of all necessary activities for controlling and proper management of the
estates.
q) Arranging necessary workshop to prepare Database, modernization and computerization
of the estates to ensure the better service, time-befitting and dynamic waq’f
administration.
r) Own website www.waqf.gov.bd has been formed for the proliferation of information
technology with a view to found digital Bangladesh. 5 years of the Development, (2009-
13)
10. Waqf Management in Bangladesh in the view of Maqasid al Shari’ah
Maqasid al Shari’ah is not directly applied in Bangladesh while determining the strategy of
Waqf management. The judicial and legal system of this country is being conducted according to
the British and Roman law and legislation left by the British rulers during their realm despite
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90% of the population of this country being Muslim. The Shariah related laws of this country are
contradictory with the Shariah itself having no effective legislative power of the Alim society
(Islamic scholar) of the country. The root cause of this is the fact that the fundamental principle
of the state is secularism although according to the constitution Islam is the state religion. So it is
natural that legislative functions cannot run from religious point of view in a secular country.
Maqasid al Shariah is very important and necessary factor in Islamic law and legislation.
Specialy where Qur’an and Sunnah did not provide any direct indications. As Islamic concept,
spirit and methodology are not applied in case of codifying general law and legislation similarly
Maqasid al Shariah has not been considered in codifying Waqf law.
Waqf management is not directly controlled by the law of Shari’ah whereas Waqf itself is
established by Islamic Shari’ah. There was no modern management system during the time of
prophet (SM). But Islam has basic principles and directions regarding this. So those principles
can be applied in Waqf management even in modern era. In the most developing countries
including Bangladesh Waqf management is very poor. One of the most important reasons behind
this is the absence of strong law or lack of proper application of law. The Waqf management is
being hindered because of corruption, malpractice of power and so on. It cannot be effective
without good governance. After independence of Bangladesh Waqf administration was formed
under the ministry of religious affair according to Waqf ordinance 1962 for the proper
management of Waqf property. But due to the failure of Waqf administration 90% of the Waqf
land had been illegally occupied. Waqf management of Bangladesh is staying far away from
achieving the fundamental goals of Shariah which is basically to do the wellbeing of humankind
and protecting from all sorts of injustice and inhuman. Rearrangement of the Waqf management
according to principles of Maqasid alShari’ah will bring absolute success to fulfill its goal and
objective. For this all the problems related to Maqasid have to be identified first for the proper
Waqf management, so that those problems can be solved in the light of Maqasid.
11. Waqf management from Maqasid al Shari’ah Perspective
Waqf management is religious and social affair in one hand and on the other hand it is an
economical affair as well. Almost all the fundamental aspects of Maqasid are related to Waqf
management directly or indirectly. But Waqf management is directly associated with the
preservation of Deen alongside the property. Besides the fact of describing the preservation of
social welfare by Imam Ibnul Kayum , accomplishment of deed and maintaining the bonds of
relatives by Imam IbnTaymia; reforming the social-political-economic affair and restoring the
dignity of women by Rashid Riza; maintaining discipline and equality by IbnAshur; preservation
of human dignity and rights, calling people towards worshipping, preservation of moral values,
forming strong Islamic nation, developing cooperative world etc. by Dr. Yousuf Al-Kardavi as
the objectives of Shari’ah proves that without planned and organized Waqf management
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attaining the objectives of Shari’ah is not possible. So it is very important to analyze the Waqf
management of Bangladesh in the view of Maqasid.
Waqf management in the light of Maqasid al Shari’ah basically includes the preservation of
property. Preservation of property means to protect it from theft, robbery and other unlawful
ways; acquiring and maintaining property in a proper satisfactory way and preservation of
‘amanat’ etc. preservation of property in Waqf management means to protect the property
donated through Waqf from theft, dacoit, corruption, illegal occupation, misusage,
mismanagement etc. and taking over the responsibility of the property in a lawful manner and
using and taking care of it according to the objectives of Waqif. A brief discussion regarding this
is made below:
11.1.Protecting Waqf property from harm and destruction
Presently existing Waqf property of Bangladesh is getting troubled by harm of different sorts.
The main reason of this is mismanagement and appointment of unworthy people to take care of.
Allah says in this regard prohibiting giving responsibility to unworthy people,
قياما لكم الله جعل التي أموالكم السفهاء تؤتوا وال
And give not unto the foolish your property, which Allah has made a means of support for you.
Al-Qur'an, 4:5
The person who concedes in protecting his property is said to have embraced martyrdom.
Worthy person should be given responsibility to protect the Waqf property from extinction.
Giving responsibility to the unworthy people leaving the worthy ones have been described as the
sign of qiyamah (Dooms day). Bukhari, Hadith-59
11.2.Preservation of Waqf from illegal occupation
Among about 3 lucks Waqf estates of Bangladesh 20 thousand 511 estates are registered. It is
assumed that the total amount of Waqf property is 9 luck acres. According to the information of
Waqf administration only one luck acre of Waqf land is registered. The evil occupational people
are grabbing the Waqf land by the correction of the inheritors of donors and with the help of fake
papers. According to the information presented in the meeting of parliamentary committee of the
ministry of religious affair about 85 thousand 672 acres of Waqf land had been grabbed which
was formerly under the control of Waqf administration. According to this Government
information about 90% of the Waqf land had been illegally occupied. The desired benefit is not
being extracted from those grabbed property. The underlying cause of this is the mismanagement
and corruption of the Waqf administration. This property is being unlawfully exploited and
occupied for decades. But the Waqf administration is remaining silent. According to
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Shari’ahgrabbing one’s property without any lawful procedure has been declared forbidden.
Allah says regarding this,
تعلمون وأنتم باإلثم الناس أموال من فريقا لتأكلوا الحكام إلى بها وتدلوا بالباطل بينكم أموالكم واتأكل وال
And do not eat up your property among yourselves for vanities, nor use it as bait for the judges,
with intent that ye may eat up wrongfully and knowingly a little of (other) people's property. Al-
Qur'an, 2:188
The prime objective of this declaration is to ensure the protection and preservation of the
property. Analysis of the situation of the Waqf property in the context of this objective shows
that the Shari’ah is brutally neglected. If the occupied Waqf property is rescued then in one hand
the appeal of Maqasid al Shari’ah is maintained and on the other hand the betterment of
humankind which is another prime objective of Shari’ah is accelerated.
11.3.To get the Waqf administration free from corruption
Bangladesh is one of the poorest countries of the world. Thousands of crore of taka is being
wasted in different sectors of the country due to corruption every year. For the mismanagement
of different sorts the Waqf administration has turned intocorrupts den.The Waqf property of the
country is given lease at very low cost to the vested people in connection with the corrupt
personnel of the Waqf administration. Afterwards the property is occupied by the lease with the
help of those people. Transaction of bribe has turned into common phenomena
for getting lease of the Waqf property specially Waqf land which eventually leads to the failure in
achieving the goals of Waqf.At this point bribery has been strictly prohibited in Islam. As per the
declaration of Hadith, Allah’s Messenger (PBUH) cursed the one who bribes and the one who
takes bribe. Tirmidhi, Hadith No. 1337
So Shariah wants to uproot all the corruptions including bribes and the likes from the Waqf
management.
11.4.To ensure the transparency and accountability
Without transparency and accountability no management system can sustain. Transparency and
accountability is almost absent in the Waqf management of Bangladesh. The proper application
of Waqf laws is very rare. The accounts of income and expenditure of mutawally committee
(caretaker committee) – which is actually a branch committee – and Waqf administration – the
central organization and leasing process of Waqf property etc. are not beyond question. Plenty of
scopes of confusion are there about the transparency of Waqf property. Whereas Islamic Shari’ah
wants to ensure transparency and accountability in the first place in all spheres of life.
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Prophet (SM) says regarding this,“Each and everybody among you are incumbent and everybody
will be asked for his responsibility.” Bukhari, Hadith-893
So it is one of the foremost objective that transparency and accountability must be ensured in
Waqf management.
11.5.Accomplishment as per agreement
Most of theWaqf estatesunder the Waqf administration of Bangladesh are inagreement with the
administration. They run their functions as per law. For example Waqf estates have to pay 5% of
their annual income to the Waqf administration. In last 2012-13 fiscal year Waqf administration
collected 41, 20,888 BDT which is mention ably less than 5% of the total income of the Waqf
estates. If subscription could be collected properly as per the agreement the amount might be
increased manifold.
Neither Waqf administration nor local management acts as per the agreement. Whereas Islam has
made it compulsory to fulfill the conditions of agreement. Allah says in the holy Quran,
مسئوال كان العهد إن بالعهد وأوفوا
“And fulfil (every) covenant, Verily, the covenant, will be questioned about.(on the Day of
Reckoning).” Al-Qur'an, 17:34
Moreover it is obligatory to fulfill the conditions of agreements until and unless that defy the
rules of halal and haram. Prophet (SM) says in this regard,
“Muslims are bound to perform as the conditions of agreements”. Abu Daud- 3594, Tirmiji-1352
In a nutshell, one of the most basic prerequisite of Islamic Shari’ah is that everybody must
follow the conditions of agreements. But in the Waqf management of Bangladesh we can see
neither of the party follows the conditions of the agreements which is utter deviation of the
objectives of Shari’ah.
12. Some Recommendations to make the Waqf management dynamic
The Waqf management of Bangladesh is encompassed with different problems. If the existing
Waqf management is analyzed in the light of Maqasid it is found that the methods which govern
the Waqf management of the states are faulty. Various problems of the Waqf managements have
brought those on the verge of extinction. Some recommendations are given herein to make the
Waqf management dynamic and effective.
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12.1.Role of Local Management
The local administration such as the mosque management or Imam can play a significant role
towards spreading Waqf assets. They can take many projects by increasing earning through better
utilizing the space of mosque and permanent Waqf donation by Musallis. There are millions of
mosque in cities and proper areas of Bangladesh. The management of these mosques may
sanction a little space for income generating purposes. From that income the mosque can be self
sufficient. On the basis of income it can be used for Maktab or Madrasah or any other social
welfare activities. If such initiative is taken then it can serve the purposes to achieve the greater
goal and objective of Maqasid al Shari’ah.
12.2.Appointment of necessary manpower
The activities of the registered Waqf administration in Bangladesh have almost come to a
standstill because of the shortage of necessary manpower. So with a view to achieving the
desired target and to accelerate the activities of the administration, necessary manpower like
inspectors and accountants should be appointed at the head office and at 138 local offices.
12.3.Formation of the ministry of Waqf affairs
It is not possible for existing Waqf administration to manage around 2 lacks Waqf states and to
fulfill the objective of Shari’ah. So formation of the ministry of Waqf affairs is a must to achieve
the goals of Shari’ah just as the way it happens in the different Middle East countries like Saudi
Arabia, Kuwait and Egypt etc. It can play significant role to alleviate poverty from the country.
12.4. Formation of Advisory Board
An advisory board can be formed under the ministry of Religious affair consisting specialist
scholars, lawyers, economists, manager, administrators and researchers who will provide
necessary advice to concerned authority of the government. The government will ask for the
approval of the board as required. The decision will take effect only after their approval. This
board will make necessary recommendation after observing the activities of the administration,
project for the development of Waqf property, implementation of Waqf law and so on. Thus, if an
independent board is formed with certain rights and responsibility then it can be a better way in
reducing mismanagement from Waqf management in Bangladesh. As a result objective of
Shari’ah will be attained inshAllah.
16
12.5.Bond Production
Bond production can also be used at the inside and outside of Waqf property sale which have
higher returns. It is practiced in many countries successfully.
17
12.6.Dissemination about significance of Waqf in human life
Most people of Bangladesh are neither aware of donation of Waqf and nor of Waqf management.
Imam of mosques and Islamic scholars can disseminate about significance of Waqf through
lectures, writings and Medias. This continuous propaganda can raise the awareness among mass
Muslim population. Such initiative can accelerate Waqf system in Bangladesh.
13. Conclusion
The Waqf management of Bangladesh is considerable weak and corrupted. Waqf management is
not attaining desired result for the lack of proper enactment of laws. In this context author of this
article believes that the proper solutions to the problems identified in the Waqf management by
the research in the flowing article will help in attaining the goal of Shari’ah . As this sector holds
ample prospects the proper utilization of it can contribute a lot from the development of health,
education, dwelling infrastructure down to overall poverty alleviation and the likes. To this end it
can be expected that if we apply the successful examples of the methodology of developed Waqf
management of different Muslim countries in our own country then our Waqf management will
be time-befitting, modern and transparent in one hand and it will have epoch making
contributions in the overall development of the country on the other hand.
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REFERENCES
Al-Qur'an.
Bukhari, Muhammad Ibn Ismail. (1987). Sahihul Bukhari, Beirut: Daru Ibn kathir.
Imam Tirmizi, (1983) Sunan, Beirut: DaruEhyaTurasilArabiyya.
Imam Daud, Abu. (1975). Assunan, Beirut:DarukitabilArabiyyi.
Hens Wehr, (1980) Edited by J Milton Cowan, A Dictionary of Modern Written Arabic (Arabic-English),
Beirut: Librarie Du Liban, London: Macdonald and Evans Ltd, 3rdprinting.
Manjur, Ibn. (1956). Lisanul Arab. Beirut: Daru sadir.
Zaidan, Abdul Karim.(1969). Al-Madkhal Lid DirasatishShari’atilIslamiyya, Daru Umar
Ibnilkhattab.
Al-Fasi, Shaikh Allal. (1979). Maqasid al Shari’ah al IslamiahwaMakarimuha’
Rabat:Maktabatur Risalah.
Ar-Raisuni, Dr. Ahmed.(AH 1411).Nazriatul Maqasid EndashShatibi. IIIT, USA.
Baalbaki, Rohi. (1994). A Modern Arabic-English Dictionary.Beirut:Dar el-Ilm Lilmalayin.
Kanduj, Abdul Karim. (2009). Awqaf Journal. Kuwait: Awqaf Public Foundation.
Maidi, Mahmud Ahmad.(2002). Al Bank Al-IslamiLitTanmiah, Al-
M’ahadulIslamililBuhusiwattadrib.
Agarwal, Vinod k. (1975).A Dictionary of Legal Terms with Indian Equivalents, Bombay: J’aima
publication.
A Rahim, Muhammad. (1989). Waqf, Editing Board Islamic Encyclopedia, Dhaka:Islami
Foundation Bangladesh.
A Hamid, Muhammad. (2009). Ainkosh, Dhaka: Bangla Academy.
Saeq, Abulhasan. (2002). Awqaf in Bangladesh, Awqaf Experiences in South Asia.
Mohiuddin, Md. Golam. Islamic Management, University Grants Commission of Bangladesh,
Dhaka.
Khan, Faisal. (2012). Waqf: An Islamic Instrument of Poverty Alleviation, Bangladesh
Perspective, Thoughts of Economics, Vol-22.
Taymiyyah, Taqi, al-Din ibn, (1398 AH) Majmu‘ FatawaShaykh al-Islam IbnTaymiyyah, comp.,
‘Abd al-RahimanibnQasim, Beirut: Mu’assasat al-Risalah.
19
Auda, Jasser.(2007).Maqasid al-Shariah as Philosophy of Islamic Law, The International
Institute of Islamic Thought.
Report on the census of Waqf Estates 1986, June 1987, Bangladesh Bureau of Statistics,
Statistics Division, Ministry of Planning, Government of the People ’s Republic of Bangladesh,
Dhaka.
5 years of the Development 2009-2013, Ministry of Religious affairs, Govt. of the people
Republic of Bangladesh.
www.alifta.net/Fatwa/Occasional Fatwa.aspx 26/9/14.