Kuat Kabdolda
PhD student of the Egyptian university of Islamic culture “Nur-Mubarak”,
Islamic studies scholar.

Social importance of wagf

Both spiritual and material parts of our religion are considered. Wagf occupies a special role on an equal basis with zakat as a part of religion’s economic sector. Therefore it is important to learn, study and implement wagf comprehensively which is significant for religious and social life of society.

1. Definition of wagf

According to shariah wagf is the long-term non-use of a certain properties to reuse it on a charity. Therefore, it is continuous almsgiving. The prophet Muhammad's sahaba Jabeer ibn Abdullah (r.a.) said: “I’ve never seen, when the prophet's (s.а.u.) sahaba don't bring to fulfillment wagf while having an opportunity” [1.175].

The first precedent is wagf. Wagf is considered as legal and religious institute, where people give their properties for charity with religious and almsgiving purposes. Wagf property cannot be regarded as property of donator. Wagf beneficiaries can have profit from presented property, but they are not its proprietaries. Only Almighty Allah can be its owner.

Muslim legislators distinguished wagf as a legal body, which has some features of private person. It can be shown in two rules of wagf composed by phukaha (muslim legislators).

1. If property obtained from wagf income, then this property cannot automatically be the part of wagf. To be specific, legislators think that this is the property bought by wagf. So it means wagf can be the owner of property the same as private person.

2. Legislators concluded that finances, which were given for mosques as charity, are not parts of wagf, but passes into mosque property.

Here mosques are taken as money owners. This principle is also differentiated by some legislators of malikit legislative schools. From their point of view, mosque can be the owner of some properties, but owning rights are indifferent, and for private person – factual.

Famous legislator – malikit Akhmad al-Dardir gave the legal power for goodwill, which is arranged in favor of mosque, and put forward arguments that mosque has the rights to own property.

Apart from this, Akhmad al-Dardir outspread this principle for hotels and bridges, but only if it’s wagf.

It can be seen from given examples, muslim legislators acknowledge that wagf is not a person, but in terms of property, private person rules are applied to wagf in same way. Logically, wagf can sell and buy, owe a debt and be a loaner, sue and be defendant in court, and as following can have all features of legal body. [2.187-188]

Wagfs – for centuries carry out a huge role in support of material and spiritual needs of society as advanced religious belief and thought. Doctor of science Munzir Kakhf writes about it in his book under the name “Wagf in modern islam society”: “at requirement of the prophet (s.а.u.), there are different types of an uakip obligatory for the Muslims: starting from mosque of the prophet in Madina Munauura, gardens left by the sahaba Mukhayrik (r.a.) at fight Ukhud for the rasul Allah (s.a.u.), a water well of Rhum which belongs to Othman ibn Affa (r.a.), also left as wagf for Muslims. The same, dedicated land by Omar ibn al-Jattaba (r.a.) in Haybare as an wagf for charitable purposes”.

The question of an wagf in islamic shariah has caused a stir in what has been studied and adapted legally in a flexible manner. Including, wagf has a set of the purposes and versions, and differs its own role in society. Shariah divides wagf into three part by the purposes:

1. Purely religious wagf
2. Wagf for charity
3. Special or hereditary wagf

Purely religious wagf is allocation of finance and property for almsgiving purpose (short meaning), for example places for salat reading, and etc. This type of wagf was known to all people from ancient history, for example mosques, churches, temples.

Wagf for charity is the use of real estate and finance for various charitable affairs (medical care, cultural actions, educational, public, and on safety sectors). Such type of wagf was known also before emergence of Islam, but Muslims were the firsts who have increased charity types and volumes, and even outstripped in it ancient civilizations and modern western people.

Special or hereditary wagf is type of an wagf which is thought up by the prophet's sahabas and appeared together with islam. While the second khalifah Omar ibn al-Jattaba (r.a.) gave his land in Haybare as an wagf, a great number of other sahabas also devoted their properties and lands in same way. Firstly, some of them gave wagf to successors, and then intended for charity.

This type of wagf recently became known in western countries, especially in the USA.

Above-mentioned three types of an wagf cover two financial versions:

Finance which is spent only for the wagf, for example, mosque, blankets and carpets in it, madrassa, its real estates and furniture, an orphan home.

Finance enclosed in economic sectors, such as trade, manufacture, agricultural industry, and both the income and profit is spent for the wagf purpose.

The first wagf in Islamic history – was religious wagf, that is the mosque of prophet (s.a.u.) in Madina, the second wagf is water well Rhum, constructed by Othman ibn Affa (r.a.) for Muslims on charity purposes. Till that time Muslims paid for the water cost. Wagf of Omar ibn al-Jattaba (r.a.) is considered as very popular, even sorcerers consider it as an wagf proof in Shariah. His uakip was for charitable purposes, poor and unfortunate, also travelers used these lands.

Presently properties of Islamic wagf turned into society possessions in Muslim countries. Idea of wagf in Islam is the useful principle for non-governmental sector development. Development of non-governmental sector is aimed at raising total income and social–economic part. Therefore it is important to study this subject in theoretical plan and bring up a question of its implementation in country.

The point of wagf properties development became an important issue. At the moment purpose of wagf’s idea is to study the subject of Islamic wagf comprehensively, determine an wagf’s role in society from the modern point of view and bring a contribution in social and economic development.

In case of determining wagf definitions it is planned not to affiliate wagf’s properties. In definitions it is told about “numerous use for charity”, and it isn't confuted by that fact, as the person doing wagf can use it. This definition covers many property types, for example the use of land and buildings for charity. In order to make religious practices in (mosques) or hospitals, sanatoria, orphan home, nursing homes, Muslim higher spiritual schools, and student residences. In such places it is possible to engage in agriculture or lease. Usually the profit on it is used for workers salary payment in the mosque or given to the poor and persons in need, travelers. Also it can be used for hospitals, madrassa or orphan homes.

It is known that there are many type of charities, they increase in process of society development. Wagfs intended for relatives and successors are considered as charity affairs, which have been thought up at the khalifah of Omar ibn al-Jattaba (r.a.). Properties such as land, real estate, kurma trees were given as wagf, then the profit was divided in a family of the person who did wagf. The property (usually animals) is given to nobody, because year by year it is populated. Islamic shariah invocates to do good deeds for relatives and heirs. In many prophet’s hadisa it is told that the doing good for itself, wife, children, and parents are considered as the Muslim welfare.

Now we can contemplate the wagf’s economic importance, uakip is the use of property (usually animals) in industrial purposes, and to have profit and income from it in future. Property can be used by a large number of people (in mosques or madrassa) or only by individual person (poor and people in need). Therefore, wagf is considered as the connection of accumulation and investment. It means to leave a part of property for the future. Including, putting property into exploitation and multiplication of industrial wealth. The industrial wealth delivered on uakip increases many types of service and gives profit.

For example opening of dining rooms, hotels, shops, bakeries is the reason for finance collecting on wagf. And it leads to occurrence of new workplaces for the population, increase of mosques and madrassa in material plan. That is, the development of sector Allah in economy.

Together with it, wagf institutions are engaged in zakat collecting, there is also an opportunity on obtaining the right of “zakat collector”.

Of course, for the proper work of wagf it is necessary to open special institutes. Because wagf is the “continuous almsgiving” in shariah and should be used only in good purposes and supposed need.

The keystone of Islamic wagf is very probably the same as creation of steady economic corporations. In turn it develops equity and industrial wealth intended for future. Its profit is shared between future generation in the form of benefit or services. Investment fund shares, dividends and deposits in investment Islamic banks are considered as new uakip types. It is as Rhum's water well created by sahabas as wagf or lands of Omar Jaybara. Sahabas put lands, fruitful trees, buildings as an wagf, it is stated in works of scientists which were written in the second and third centuries according to hijra annals by means of fickһ. Shares, dividends and deposits in Islamic investment banks assume development of industrial wealth. As well as early gardens and buildings, the profit on them will be used by future generation. Wagf in Islam looks for the good future itself and generation’s future, therefore it refuses to use profit on public industrial wealth in immediate order.

Taking into account the amount of wealth from wagf, then it is possible to divide its property into two main parts:

- Properties, which can make service types for direct use, for example madrassa, hospital, orphan home. This type of wagf belongs to charity (madrassa, and etc.).

- Goods permitted according to shariah are on market sale, and the net profit is spent for target needs (religious, charitable) of person who did wagf.

2. Property savings for wagf. 

It is very important to consider that fact, when property for wagf doing is ready. The nature of wagf requires a wealth type which is capable to multiplied. From the beginning wagf was regarded as industrial wealth which was forbidden to be sold, spent, stand in vain, damaged, and all of these facts were accounted as haram property. Consequently, wagf is the property which increases every day in amount and quantity.

In our history wagf was always increasing. Even in hard times it never decreased. Main condition for wagf is the process of not running away, but saving industrial wealth from the person’s side. It is directly connected with religious feeling and worthiness of every person. If person who made wagf doesn’t place the conditions for property, all profit can be again used in same way. Scientists made an agreement that, even if the person who made wagf doesn’t mention it, property can be consumed on wagf purposes. In other words, Shariah looks more closely on saving up the wagf property and making uninterrupted profit all the time. In the beginning of 20ies century totally new factor was emerged, it meant that as far as population and economic situation of Muslim people is increasing, the industry among population is doing the same. Properties which were given as wagf for generation, now is located in the best districts of cities. Fertile lands for agriculture also located near to city markets. The reason is known from history, at that times cities and its population weren’t so large. Development of new constructing technology for buildings similarly influenced in increase of wagf’s industrial value. Now we have the opportunity to build high buildings, rise the value of exchanging uakip lands in city. All of these facts lead to new views for wagf properties as mosques and homes. Old homes were destroyed; other new multi-stored buildings are in process of construction at their place. If one part is the mosques, other parts are considered for other goals, and profit from it again used for wagf. This process can be really seen in the vast majority of capital towns (Mecca, Cairo, Damascus, Rabat, Istanbul) in Muslim countries.

– Importance of wagf in social-economic development is defined by its increase in third sector apart from governmental and individual. This sector is responsible for implementation of many other arrangements. Nature of wagf is based on charity, kindness, mutual care; it refuses from individual self-interest and the use of legal power.

At this plan Islamic system is differentiated by special economic sector. Even plenty of persons in high places and men of wealth dedicate their properties for charity with the help of “wagfia” writings for wagf.

Concerning all these things wagf forsake made difference even to Europe: Merton College in Oxford, which was constructed with the help of unincorporated charitable fund (trust) in 1264 is very similar to wagf. “If these documents were written not in Latin, but in Arabic language, every person would thought that it is the “wagfia”,- was written in article of Monica Gaudiosi, who studies wagf [2.27].

Islamic system clarified that any society, especially Muslim society needs social-economic arrangements. It’s advisable that these arrangements are far away from government. Because, in many cases there can be illegal governing. And that’s why, there is a need to encourage free economic sector implementation and protect it on legal level.

Wagf – is the use of industrial wealth by society, rather than individually. Islamic shariah considers that humanity is in need of such social arrangements, even if you are not Muslim.

3. Short information about history of Islamic wagf.

These public and social arrangements have been well developed in quantity and aims within Islamic history. Muslim society and Islamic countries identified the industrial wealth of Islamic wagf. In many capital towns and large cities of Muslim countries the real estate properties of wagf are located in very central part of city in trade buildings. Also lots of fertile lands were located near to the cities. In the beginning of 19ies century the whole quantity of fertile land for wagf was one third part in Egypt. In many cities there were many trade centers and homes; also they included mosques, madrassa and hospitals. Even Cairo city was honored to be called as “the city of thousand mosques”. There were plenty of fertile lands for uakip in Muslim countries. For example, in the beginning of ХХ century, yet Turkey was not a republic, one third of its land was uakip. The same was in Syria, Palestine, Iraq, Algeria, Morocco, and near Hijaz district of Saud Arabia.

If we distinguish goals of wagf, that Islamic wagf emphasizes several main services, they are:

– Since the time when educational places of Islamic wagf began to be separated from temples, there was attentive regard to the spheres such as education, culture and scientific researches. When the Sicily island was Islamic, that quantity of primary schools were about three hundred, and all of them were devoted for uakip goals. Ibn Haykal said that the education in these schools was made with help of finances from wagf properties. More than hundred schools accounted in such cities as Kudus, Damascus, Baghdad, Cairo, Nisapur. Universities such as Karauin in the city of Fas, al-Azhar in Cairo, Nizami and Mustansiriya in Baghdad worked. Wagfs provided students at university with paper and pen, gave away scientific books, and also paid salary for teachers. The vast majority of universities provided student with special dormitories, and fixed scholarships. Also adding to all of these, the libraries were constructed, which had thousand scientific publications. People, who did charity, left their properties and lands for uakip, and with the help of filled up libraries with books and called workers. The significance of libraries marked up, even those scientists who insisted on not giving the movable property as uakip, had another commandment for muskhaf and books. There were privileges on taking the books for scientists and candidates, also they have removed guarantee for taking books from libraries.

– All of these changes lead to advancement of education. All the levels of society had an opportunity to get literacy. Scientists and people with power separated from each other, Muslim scientists such as fikhs, hadith, physicians, and philosophers became the real helpers of population. They spared neither trouble nor expense to destroy mistakes of government, and never waited compliments for their deeds. In this case it lead to decrease of social-economic separation.

– Taking into consideration the sphere of health care, it can be noted that Islamic uakips built hospitals, arranged furniture, raised laboratories, paid salaries for physicians and their assistants. Moreover, they have opened medical faculties, and financially helped to teachers and students.

– Places for doing pray (mosques, zauiya, places for dead people washing) also paid from wagf finances.

– Wagf has the great role in social goals and providing security for the environment and animals. Wagf of Omar in Haybare was dedicated for poor people, those who in need, and travelers. Fights against poverty and questions of social care provided those who in need with clothing, food and home. Fikh scientists urged that “if the person who made wagf didn’t voice his aim of its use, then uakip will be destined for poor people and those who in need”. Wagf includes widows, unmarried men, poor women, women with nursing infant, women split with their husband, and also hotels and rivers near roadway.

During many centuries Islamic wagf carried this role and still works on these spheres [3].

References:

1. Әл-Мұғни,Ибн Құдама,12 том,175 бет

2. Муфтий Мухаммад Таки Усмани «Введение в исламские финансы».- Астана, 2014.-стр 187-188

3. П.В.Шлыков «Вакфы в Турции:трансформация традиционного института» ,стр.27,Москва,2011