Waqf or Habs? Urgent need for strong and independent Waqf Board

The Waqf Board’s role is not just to preserve property but to ensure that these assets are used effectively to benefit the community

In recent times, the removal and appointment of Waqf Board members have become a subject of intense controversy, driven by political pressures that undermine the very essence of the Waqf system. This interference not only dilutes the authority of the Waqf Board but also threatens its role as a pillar of Islamic social welfare. The Waqf, as an institution founded on the principles of Sharia law, is meant to be a self-sustaining force for good, benefiting generations to come. Yet, when political motives enter the picture, the sanctity and independence of the Waqf are compromised, turning it into a mere shadow of its potential.

This must stop.

The Quranic foundation of Waqf

While the Quran does not explicitly mention the word “Waqf,” its teachings strongly encourage acts of charity and social welfare. Surah Ali Imran, verse 92, states, “You will not attain righteousness until you spend from that which you love most.” This verse emphasises the profound Islamic value of dedicating what is dearest to you for the betterment of others—a concept at the core of Waqf.

Waqf is not simply an act of charity but a long-term investment in social good, a legacy to benefit future generations. Rooted in Islamic jurisprudence, Waqf is derived from the Quran and Hadith, and it serves as a charitable endowment that remains inalienable and enduring. It is a vehicle for philanthropy that transcends time, ensuring that its benefits continue to flow for years, even centuries.

The legal and spiritual significance of Waqf

The Islamic concept of Waqf, often referred to as ‘ḥabs’ or mortmain property, is defined by the act of consecrating property for a specific charitable purpose, making it un-transferable, inalienable, and protected from being sold, inherited, or mortgaged. The donor, or ‘waqif’, dedicates the property (‘mawquf’) for the welfare of the community, and the beneficiaries (‘mawquf ‘alayh’) are meant to benefit in perpetuity.

Historically, the first Waqf established after the Hijrah was a grove of 600 date palms, providing food for the poor in Medina. This set the precedent for Waqf as a means of ensuring sustainable, charitable resources for the welfare of the Muslim community.

The role and governance of the Waqf Board

To effectively manage these sacred assets, a Waqf Board must be established with a clear mandate and structure. A well-governed Waqf Board is not merely a custodian of property but a transformative institution that can foster community development, promote financial independence, and address social needs.

1. Composition 

of the Waqf Board

The Waqf Board must include a diverse and qualified group of members with expertise in Islamic law, finance, governance, and social welfare. Key members should include:

• A chairman with expertise in Islamic jurisprudence and governance.

• Financial and legal experts to ensure adherence to Sharia law and statutory regulations.

• Religious scholars (ulama) to provide spiritual guidance.

• Community members with administrative and social welfare experience.

Such a diverse composition ensures that the Waqf Board remains accountable, transparent, and capable of addressing the multifaceted needs of the community.

2. Appointment 

of the Waqf Board

The appointment process must prioritise competence, integrity, and transparency. Appointments should be free from political interference and made by a neutral authority, such as the Minister of Muslim Religious Affairs or an independent governing body. The integrity of this process is essential for maintaining the independence and credibility of the Waqf Board.

3. Qualifications of members

Members must possess a deep understanding of Sharia law, particularly regarding Waqf principles. Their professional expertise should span across law, finance, governance, and social services, ensuring that they can manage Waqf assets responsibly and sustainably.

4. Code of conduct and transparency

The Waqf Board must operate under a strict code of conduct, ensuring:

• Full transparency in decision-making and financial transactions.

• Accountability to both the community and relevant authorities.

• A commitment to fairness, ethical practices, and regular audits.

These principles are essential for maintaining public trust and ensuring that Waqf properties serve their intended charitable purposes.

Political interference: A threat to Waqf’s integrity

Political interference is one of the most pressing challenges facing Waqf Boards today. When political agendas supersede the principles of governance, the Waqf system becomes vulnerable to misuse, corruption, and inefficiency. The Waqf Board’s ability to operate independently and serve its true purpose is severely compromised.

To protect the Waqf from such interference, we must implement safeguards like fixed-term appointments for Board members, the establishment of independent oversight committees, and the creation of non-partisan operations. These measures will ensure that the Waqf Board remains focused on its charitable mandate, free from external influence.

Strengthening the Waqf system

The Waqf Board’s role is not just to preserve property but to ensure that these assets are used effectively to benefit the community. It is imperative to educate the Muslim community about the purpose of Waqf properties and the Board’s responsibilities. Awareness campaigns can help reinforce the importance of Waqf as an institution that contributes to social welfare and long-term sustainability.

Moreover, strong relationships with law enforcement and the judiciary are critical. The Waqf Board must be supported in protecting its assets from illegal occupation and ensuring that legal disputes are resolved promptly and fairly.

Conclusion: A call to action

The Waqf system is one of the most enduring and impactful institutions in Islamic tradition. However, its success relies on the integrity, independence, and effectiveness of the Waqf Board. We must act decisively to protect the autonomy of this institution from political manipulation and ensure that it can continue to serve the community as a lasting force for good.

The Waqf Board should not be a political tool, but a beacon of charity, justice, and community welfare. By reinforcing its independence, promoting transparency, and enhancing governance, we can ensure that Waqf remains a pillar of social and economic development for generations to come.

(The writer is a member of the Waqf Board.)