Wednesday, June 19, 2024

Waqf Awareness FAQs

Waqf Awareness FAQs

Qur’an and Sunnah provide several injunctions motivating believers to participate in charitable and philanthropic practices voluntarily.

Charity (Sadaqah), in its higher sense, includes all help, not monetary alone, from those who are wealthy to those less provided. It is the act of virtue in Islam as mentioned in various Surahs in the Holy Qur’an

The Qur'anic verse "You shall not attain righteousness until you spend out of what you love (in the way of Allah). Allah knows whatever you spend." (Al-Qur'an Surah 3:92)
Divine intervention: Allah ordered His Prophet Ebrahim (P.B.U.H) to build on earth a House of Prayer – Kaaba is the first Waqf by Divine intervention.Human intervention: In all probability, Allah reserved the honor of originating Waqf to His Beloved Prophet (P.B.U.H). The actual first Waqf is agreed to be the Masjid of Quba’ which the Prophet (P.B.U.H) personally built with the Muslims upon his arrival to Madinah in 622 AD. The Prophet (P.B.U.H) had purchased the land and assembled the Masjid, implying its erection as an everlasting foundation for the Muslim's need and place for worship and other religious and social necessities.
Waqf which is believed to be a form of perpetual philanthropy (Sadaqah e Jariyah), is not mentioned in the Holy Qur’an in this sense, yet it certainly has roots and origin in the Holy Qur’an. Waqf or Auqaf (plural) translated as confinement, detention, holding, and prohibition. Waqf is a special kind of philanthropic deed in perpetuity that is exercised in a non-perishable tangible property by designating the specific categories of beneficiaries to receive its usufructs or revenues.Waqf is unique from all other forms of charity, endowments, and alms.
Sometimes a Waqf is explained as a 'charitable trust,' which has a public dimension, and at other times it is translated as an 'endowment,' which resembles a 'will' or 'settlement' that has a single aspect.Abu Hanifa defined it as "withholding property, according to the judgment of its owner, and providing charity from its revenues." The most notable and comprehensive of these definitions, to put it briefly, is "withholding property, not permitting it to be owned by any person and disposing of its benefits in a permissible manner."
Ibn Umar reported: Umar acquired a land at Khaybar. He came to Allah’s Apostle (may peace be upon him) and sought his advice in regard to it. He said: Allah's Messenger, I have acquired land in Khaybar. I have never acquired property more valuable for me than this, so what do you command me to do with it? Thereupon he (Allah's Apostle) said: If you like, you may keep the corpus intact and give its produce as Sadaqah. So Umar gave it as Sadaqah declaring that property must not be sold or inherited or given away as gift. And Umar devoted it to the poor, to the nearest kin, and to the emancipation of slaves, aired in the way of Allah and guests. There is no sin for one, who administers it if he eats something from it in a reasonable manner, or if he feeds his friends and does not hoard up goods (for himself). (Muslim, Shahih Muslim)
The people ask, "What should we spend?” Tell them, “Whatever you spend, spend for your parents, your relatives, orphans, the needy and the wayfarer; and whatever good you do, Allah has knowledge of it.” Surah 2:215“Verily those who give alms -- be they men or women, -- and give Allah a beautiful loan shall be repaid after increasing it many times; and theirs shall be a generous reward.” Surah 57:18
The Prophet (peace be upon him) said “Sadaqah extinguishes sin as water extinguishes fire” (Hadith, Tirmidhi). He also said that Allah offers relief on the Day of Judgement for those who give Sadaqah: “The believer's shade on the Day of Resurrection will be their charity” (Hadith, Tirmidhi). The Prophet of Allah (PBUH) said: “To give something to a poor man brings one reward, while giving the same to a needy relation brings two: one for charity and the other for respecting the family ties.” (Musnad Ahmad & Sunan Tirmizi)Those who consider themselves Muslims should give to charity to prove their devotion to Allah (SWT), otherwise, they may not be considered a true believer on the day of judgement. By giving charity you are showing that your intentions are pure and sincere and that you care about others besides yourself.
Contributing towards educating a child can reap countless rewards for years to come by securing the future of a child, their family and even the surrounding community, making it one of the most popular types of Sadaqah Jariyah.Contribute towards the building of a school, hospital or even an orphanage, which goes on to benefit others, every single patient being treated in the hospital and every single individual gaining knowledge in the school is an invaluable act of Sadaqah.
Survey Commissioner, Members, Officers and Staff of Waqf Board and Mutawallis are deemed to be PUBLIC SERVANTS under Section 101 of Waqf Act 1995-Amended.

Waqf Act 1995 Section 7-(6) Provides that whosoever being a PUBLIC SERVANT, fails in his lawful duty to prevent or remove an encroachment, shall on conviction be punishable with fine which may extend to fifteen thousand rupees for each offence.

As PUBLIC SERVANT ONE CAN BE PROCECUTED for failure in one’s lawful duty under Waqf Act 1995-Amended and under various Indian Penal Code Sections for dereliction of duty.

Indian Penal Code (45 of 1860) :

- Section 21: Twelfth — Every person — (a) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;

- Section 24: "Dishonestly" — Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing "dishonestly".

- Section 25: "Fraudulently" — A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

AS PUBLIC SERVANTS ONE CAN BE PROSECUTED Under various Indian Penal Code Sections for Dereliction of duty

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