FROM an Islamic perspective, wakaf or endowment as an institution, begins with a noble intention to do good deeds for the benefit of oneself and others.
On the one hand, wakaf is a dedication made by one person for the benefit of others, with the intention that the dedicator be entitled to a continuous reward from Allah the Creator throughout the period of the endowment.
An endowment once declared by the person will affect a transfer of the property which is the subject matter of the dedication to Allah Almighty.
However the benefit of such property will be utilised in accordance with the wishes of the person.
Islamic law recognises two kinds of wakaf, the first being wakaf am or general wakaf where the person dedicates the benefits to the ummah at large, for charitable purposes generally.
The second type is wakaf khas, or specific wakaf, which is a dedication for the benefit of the person�s family members, offspring and their descendants.
This second category is known as wakaf zurri or khass which is also held valid by Muslim jurists of vari0us schools of Islamic law.
In Malaysia, Islamic law acts and enactments vested the power of administration of wakaf properties with the Religious Departments of various states, or with relevant Islamic Religious Councils in some cases, although a basic rule in Syariah law allows the dedicator in the declaration or the dedication itself, to appoint any party to administer the wakaf.
Such a person, if appointed, is known as wali or nazir al-wakaf.
His duties include the general administration of the relevant properties and ensuring that their maintenance and upkeep are duly catered for so that benefits can be channelled to or utilised by the beneficiary named in the wakaf declaration.
However, if the dedication is silent about the wali or nazir, then according to the Maliki and Shafie schools of law, the Syariah courts, with general jurisdiction, are vested with the power of administration.
But according to the Hanbali school, such a right belongs to the named beneficiary if any, otherwise it is belongs to the government.
The Hanafi school’s view is that the right of administration belongs principally to the dedicator if he has named himself as administrator, followed by his wasi (administrator named through a will or wasiyyah) and finally to the government.
Given the way wakaf properties are currently administered in this country, and by virtue of the fact that in almost all cases wakaf properties are held by state Muslim Religious Councils or in some cases by the relevant Majlis Agama as a matter of law, it is thought that a system which allows qualified individuals and parties to be given similar rights of administration as originally provided for in Islamic law is to be considered instead.
This will encourage the public to dedicate their property to the wakaf being cognisant of the fact that matters are not left entirely to the administration of the religious councils.
Furthermore, as has been said by our Prime Minister recently, wakaf can be declared not only in terms of real estate but also in terms of many other kinds of assets, including cash.
Perhaps endowment foundations or charitable societies should benefit from this shift in thinking if endorsed by the relevant parties.
Comparatively speaking, in many other Muslim countries including Egypt and Turkey, wakaf as an institution has been in the forefront of efforts to provide various services to the public.
Two years ago, this writer was fortunate to be able to see for himself the operations of a big research institution in Istanbul, administrated by a wakaf foundation.
Another classic example is the Al-Azhar Mosque and University in Cairo, Egypt institutions that have been in operation for almost a thousand years illuminating the Muslim world with their scholars and preachers throughout the ages, thanks to the wakaf fund.
