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International Journal of Social Science Research eISSN: 2710-6276 [Vol. 2 No. 2, June 2020]

http://myjms.moe.gov.my/index.php/ijssr

BASIC WAQF RULES FOR LAYMAN IN NUMAN LOCAL GOVERNMENT ADAMAWA STATE, NIGERIA

Aminu Yakubu1*, Azreen Hamiza Abdul Aziz2 and Shereeza Mohamed Saniff3

1 2 3 Centre for Islamic Development Management Studies, University Sains Malaysia, Penang, MALAYSIA

*Corresponding author: aminuyakubunuman@gmail.com

Article Information:

Article history:

Received date : 19 December.2019 Revised date : 8 January.2020 Accepted date : 17 May 2020 Published date : 17 June 2020

To cite this document:

Yakubu, A., Abdul Aziz, A., &

Mohamed Saniff, S. (2020). BASIC WAQF RULES FOR LAYMAN IN NUMAN LOCAL GOVERNMENT ADAMAWA STATE,

NIGERIA. International Journal Of Social Science Research, 2(2), 206-212.

Abstract: Waqf as an Islamic voluntary endowment has played a vital role in the socio-economic activities of Muslims all over the world. Studies have revealed that waqf has worked as an effective tool for improving socio- economic condition in several Muslims countries all over the world. The concept of waqf has been in existence for the long period of time in most Muslim communities.

However, in the Muslim community of Numan local government area Adamawa state, Nigeria, the concept is still new in the general public. The purpose of this paper is to document basic waqf rules for laymen in order to create awareness among people on the meaning of waqf, its significant role in socio-economic development and to call on people both the rich and the middle class to engage and support waqf practice for the benefit of ummah. The study uses qualitative research approach through a semi structured interview. The findings show that majority of common Muslims poor and wealthy doesn’t know much about waqf as well as the economic important of waqf.

therefore, scholars and practitioners of waqf have a vital role to play in creating awareness and sensitization among people on the general concept of waqf and its significant role in human and economic development of Muslims community.

Keywords: Basic, Waqf Rules, Layman.

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1. Introduction

The term layman means “a person who does not go to a particular profession or who is not expert in some field or a person who is not a member of the clergy (Laarschot et al., 2005; Murphy, 2006). Historically, waqf had been long used as one of the renowned tools for alleviating poverty among people. Separately from religious purposes as building mosque and schools, waqf has played a significant role in the socio-economic area (Kayadibi et al., 2014). However, majority of the layman in Nigeria doesn’t know the general concept of waqf neither its economic important not its value in societal development. Therefore, there is need for scholars, practitioners and government to create awareness for Muslim on the basic rules of waqf ( Amuda, 2017). The awareness should cover the concept, significance, economic, characteristics and management so that layman will have the basic knowledge of waqf in Islamic perspective.

2. Literature Review

History of waqf traced back to the time of the Prophet PBUH, and it is well known in Muslims countries. However, In layman’s perspective, waqf is a form of charity given in terms of land and property (D. Ibrahim & Ibrahim, 2013). It is challenging to measure the level of people`s knowledge on waqf practice, in general the requirement for the awareness of waqf practice among Muslims in every society is very important because of its value in helping and devolving the status of poor and needy in society (Azha et al., 2013). Waqf can be perceive as a pious endowment in Islam (Kahf, 2015). To comprehend the significance of waqf there is need to know its general concept. Waqf is private possession or assets of any kind that has been put under restriction from any type of transaction including sales and inheritance (Masruki & Shafii, 2013). Across all the Islamic world wonderful works of building as well as a variety of services very important to the society have been financed and maintained for centuries through waqf (Cizaka, 2000). Practicing waqf can disseminate wealth and aided generally to socio-economic development of Muslim community. It is an important institution in Islamic social framework that can effectively connect the ability of generous (Hassan & AbRahman, 2018).

2.1 General Concept of Waqf

Waqf is charitable endowment that was recognized for the public and community services such as building mosque, schools, shelter, hospital and education purpose etc. The founder of waqf donate a property in permanency to remain in charity of free services. However, the property cannot be donated, sold, inherit or bequeathed. Therefore, the difference between waqf and sadaqah is;

Sadaqah is a charitable act that involves giving or donating to a someone in charity. By type sadaqa is not imposed by shariah but it is commendable in Islam. However, waqf is an ongoing charity that comes from established act of giving or donating while sadaqa is personal charity that can be giving or assigned to people in a straight manner without establishing a legal entity. Obviously, waqf is a kind of institutionalized sadaqa while sadaqa is noninstitutionalized (Bakir, 2014).

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2.2 Definition of Waqf

Waqf is one of the charitable acts set by Islam on a voluntary basis since the lifetime of Prophet Muhammad PBUH. The term waqf derived from an Arabic root verb “waqafa”, which literally means, detention, confinement, and prohibition or causing a thing to stop or stand still (Nahar &

Yaacob, 2011). Technically, waqf according to; Imam Abu-Hanifah define is the detention of a specific thing that is in the ownership of the founder and the devotion of its profits for good objects ( Ibrahim et al., 2013).

2.3 Legality of Waqf

The majority of Muslim scholars hold the opinion that waqf is permissible and recommended in Islam, based on general and specific evidence from the Qur`an, Prophetic Hadith and also Ijma (Zaki, 2006). In respect to the general evidence, they consider waqf as an act of charity and every verse of the glorious Qur`an that inspire Muslims to give out charity is an evidence to the lawfulness and legitimacy of waqf. Allah says,

“By no means shall ye attain righteousness unless ye give (freely) of what ye love”

(Ala’imran, 3:92).

“But if ye remit if by way of charity that is best for you if ye only knew”.

(Al-baqara, 2: 280).

However, from the Prophetic hadith, The Messenger of Allah (SAW) said,

"When a man dies, his deeds come to an end except for three things: Sadaqa Jāriyah (continual charity); a knowledge which is beneficial, or a virtuous descendant who prays for him (for the deceased)."

(Hadith Muslim 2682).

In the above prophetic Hadith, waqf is regarded as an ongoing charity (Sadaqa al jāriyah) which means the reward will be receiving continuously not only in this life but will remain to benefit the giver of the ongoing charity even after his death. Therefore, is a great opportunity to invest in something that will pay bonuses even after you depart this world. The key to making this occur is to invest in a process that will produce lasting and continued benefits among which is giving out waqf. Concerning the specific evidence, Narrated Ibn `Umar, that, Umar bin Khattab got some land in Khaibar and he went to the Prophet to consult him about it saying,

"O Allah's Apostle I got some land in Khaibar better than which I have never had, what do you suggest that I do with it?" The Prophet said, "If you like you can give the land as endowment and give its fruits in charity." So `Umar gave it in charity as an endowment on the condition that would not be sold nor given to anybody as a present and not to be inherited, but its yield would be given in charity to the poor people, to the Kith and kin, for freeing slaves, for Allah's

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Cause, to the travellers and guests; and that there would be no harm if the guardian of the endowment ate from it according to his need with good intention, and fed others without storing it for the future."

(Hadith Al-Bukhari 2737).

This Hadith, Narrated by Ibn Umar is the basis for the legality of waqf (Zaki, 2006). In view of the above charitable act, Muslim countries formed waqf institution to manifest the core value of Islamic charitable system. Concerning the Ijma, Imam Annawavi, Ibn Alqudama and Rafi`i narrated a consensus of Muslims scholars on the validity of waqf practice of sahabah (Al-khirqi, 2013). It was on that Prophet PBUH advised Uthman Ibn Affan for purchasing of well (Bir rumah) in Madina. Ibn Alqudama argue that there was no one companion who owned any substantial property, except for what had been made waqf to them.

2.4 Characteristics of Waqf

Waqf is an Islamic economic instrument that has an extraordinary kind of generosity in its execution, the following features must be consider: Permanency, once a property is dedicated as waqf it remains waqf permanently. There is no opportunity for the management to change or remove it except for a tangible reason. Constancy of condition of the founder, the condition or specification of waqf founder must be fulfilled if the conditions did not defy or contradict Islamic Shari`ah guides. This comprises all the income and revenue generated by waqf should be execute in accordance with the specification and stipulation of the waqf founder (Haqeel, 2011).

2.5 Economic Important of Waqf and its Role in Poverty Reduction

Waqf is charitable act which significantly played a vital role in alleviating poverty in many Islamic countries. Waqf is one of the long-lasting forms of charity established by Islam to alleviate poverty.

Waqf can alleviate poverty in a society in the following ways: Financing entrepreneur.

Entrepreneurship is a procedure of innovation in the search of economic goals. Providing source of financing entrepreneurship to poor or less privilege who are restricted from accessing external finance will easily enhance the poor to be able to be self-reliant. A business entrepreneur is a great achiever with character and essential ability to gather wealth and to create economic success (Gorman & Cooney, 2007; Wellington & Zandvakili, 2006). These are achieved with some amount of risk-taking. Lending money to SME as (Qard al-hasan). The term qard al- hasan literally means

“good loan”. Technically, it is an interest-free loan of a financial kind. The fundamental principles qard al- hasan in Islam is to place countless emphasis on social justice, inclusion, and distribution of resources between the reach and the poor. The major aims of Islamic finance are absolute prohibition of interest in lending transactions. The prohibition comprises prohibition of any debt or loan which conveys a monetary reward secured to the time of lending. Therefore, qard is permissible and is highly commended with guarantee to pay back the same amount received exclusive of any interest or return or charge. The primary objective of qard-al-hasan is to assist poor to become part of economic activities in a proper and effective means. Meanwhile the poor do not have any considerable collateral, social capital is the only collateral for extending such credit. This also provides a motivation to poor to perform and be able to have access to such credit in the future.

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3. Method

The methodology used in this study is qualitative research approach through interview. Interview were conducted with five laymen in Numan local government area Adamawa state. The information was translated, transcribed analysed with atlas ti. version 8.4 best on themes to ensure that superior points of the responses are stated. The purpose is to know the level of layman knowledge on the basic rules of waqf.

4. Results and Discussion

The present study identified five major themes from the data analysis, as presented in the below table of the respondents and their responses.

S/No Definition of waqf

Types of Waqf

Socio-economic Role of Waqf

Contributed to waqf

Existing Waqf Institution

1- No idea Properties only

No idea Not

participated

Not available 2- Partial

definition

Properties only

No idea Not

participated

Not available 3- Partial

definition

Properties only

No idea Not

participated

Not available 4- No idea No idea No idea participated Not

available 5- Partial

definition

No idea No idea participated Not available

Table 1 themes of the of the respondents and their responses

4.1 Definition of Waqf

The participants in these interviews were asked on the meaning and definition of waqf, in general only three out of the five interviews among the laymen that knows something pertaining the definition of waqf. However, the three referred waqf to only non-movable properties.

4.2 Types of Waqf

The participants in this interview were asked about types of waqf. Three out of the five participant mentioned House, Masjid, Borehole, shop and house, while the remaining two respondents have no idea on the types of waqf as it is seen in the diagram below.

4.3 Socio-Economic Role of Waqf

The five participants in this interview were asked about the socio-economic role of waqf, no one among the respondents that know the socio-economic important of waqf.

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4.4 Participation in Waqf Contribution

The participants in this interview question were asked on whether they have ever participated in giving waqf contribution in their life, two out of five mentioned that they have contributed to waqf in their life while the remaining three declared that they have never contributed to waqf in their life.

4.5 Existing Waqf Institution

The respondents of this interview were asked about an existing waqf institution they know in Numan local government Adamawa state. However, unanimously the participants affirmed that there is no waqf institution that is existing in the local government.

5. Discussion and Recommendations

Based on the finding of this study, it can be understood that majority of the Muslims laymen in Numan local government Adamawa state doesn’t know much about waqf. The main concern in this finding is that even the basic things that Muslim supposed to know about waqf they either don’t know it completely or they know some parts of it which may not achieve the basic requirements of waqf knowledge that is needed from every Muslim due to the vital role and significant of waqf in this life.

Therefore, there is need for the scholars, practitioners and government to create awareness among Muslims on the basic rules of waqf, socio-economic important of waqf as well as the role of waqf in the economic activities and poverty reduction. There is also need from the Islamic scholars and government to establish a functional waqf institution that will provide job for youths, economic development, security and social services for people.

6. Conclusion

It can be concluded that Muslim ummah needs of waqf services in all places especially in Numan local government area of Adamawa state due to the increase of the high rate of poverty in the town.

Consequently, waqf can be used to transform many less privileges across Numan financially, socially, and religiously. The stated basic waqf rules can be used to boost the morale of people to invest in waqf practice in order to reduce their financial challenges and constraints.

References

Al-khirqi, A. alQasim U. bin H. bin A. bin A. (2013). AlMukhtasar Almugny (8th ed.). Dar ’Alam al Kutub.Azha, L., Sayurno, S. B., Salahuddin, S. ., Afandi, M. R., & Afifah, H. H. (2013).

The Practice and Management of Waqf Education in Malaysia. Procedia - Social and Behavioral Sciences, 90, 22–30.

Bakir, M. (2014). Investment & Finance. Financial Encyclopedia.

Cizaka, M. (2000). A History of Philanthropic Foundations: The Islamic World from the Seventh Century to the Present. In Istanbul university press (First edit).

Gorman, W., & Cooney, T. (2007). An Anthology of Enterprise. The Irish Journal of Management Incorporating, 28(2), 1–28.

Haqeel, I. M. (2011). Waqf and its virture. https://www.alukah.net/sharia/0/36834/

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Hassan, S. N. A. C., & AbRahman, A. (2018). The Potential of Cash Waqf in the Socio-economic Development of Society in Kelantan : A Stakeholder ’ s Perspective. New Developments in Islamic Economics, 67–82.

Ibrahim, D., & Ibrahim, H. (2013). Revival of Waqf Properties in Malaysia. The 5th Islamic Economics System Conference, 4–5.

Ibrahim, H., Amir, A., & Masron, T. (2013). Cash Waqf: An Innovative Instrument for Economic Development. International Review of Social Sciences and Humanities.

Kahf, M. (2015). Waqf: a quick overview. Retrieved from Kahf. Net: Http://Monzer. Kahf.

Com/Papers/English on 3/10/2019, 1–8.

Kayadibi, S., Polat, R., Fidan, Y., & Kayadibi, O. (2014). The role of cash waqf in poverty alleviation: case of malaysia. International Journal of Business, Economics and Law.

Laarschot, R. van, Steenbergen, W. van, Stuckenschmidt, H., Lodder, A. R., & Harmelen, F. van.

(2005). The Legal Concepts and the Layman. Proceedings of JURIX 2005, 115–126.

Masruki, R., & Shafii, Z. (2013). The Development of Waqf Accounting in Enhancing Accountability. Middle-East Journal of Scientific Research 13 (Research in Contemporary Islamic Finance and Wealth Management), 1–6.

Murphy, J. B. (2006). The Lawyer and the Layman: Two Perspectives on the Rule of Law. Review of Politics, 68(1), 101–131.

Nahar, H. S., & Yaacob, H. (2011). Accountability in the Sacred Context: The Case of Management, Accounting and Reporting of a Malaysian Cash Awqaf Institution. Journal of Islamic Accounting and Business Research, 2(2), 87–113.

Wellington, D. C., & Zandvakili, S. (2006). The entrepreneurial myth, globalization and American economic dominance. The Entrepreneurial Myth, 33(9), 615–624.

Yusuf Jelili Amuda. (2017). Commercialization of Cash Waqf In Nigeria: An Analysis Of Its Implementation. University of Malaya.

Zaki, E. (2006). A Summary of Waqf Regulations.

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