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WAQF MANAGEMENT IN BANGLADESH: AN ANALYSIS FROM MAQASID

AL-SHAR‘AH PERSPECTIVE

Dr. Abu Ayub Md. Ibrahim

Senior Lecturer in Islamic Studies

Manarat International University

mibrahimmiu@gmail.com

&

Shahadat Hossain Khan

Research Officer

Bangladesh Islamic Law Research And Legal Aid Centre

shahadatfaysal@yahoo.com

ABSTRACT

The primary objective of this paper is to study the condition of waqf management in Bangladesh

from Maqasid al Shari’ahperspective. The paper also examines either the Maqasid al

Shariahare achieved in waqf management or not. Moreover, the prevailing circumstance of waqf

in Bangladesh, the legal and administrative infrastructure, internal flaws in waqf management

and limitations & way out to this have been focused in the viewpoint of Maqasid al Shariah. The

methodologies used in this paper are analytical and critical. The primary sources of Islamic

knowledge such as Qur’an and Sunnah have been studied carefully. Other secondary sources

have also been studied and analyzed critically to explore the findings. It has been found that the

waqf management in Bangladesh is full of incompetence and difficulties. However, this waqf

system could be used very effectively to alleviate poverty and to improve the condition of

underprivileged people in Bangladesh. Some recommendations have been prescribed to make the

waqf system effective and fruitful in order to achieve the Maqasid al Shariah.

Keywords: Waqf Management, Maqasid al Shari’ah, Poverty and Bangladesh.

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1. Introduction

Bangladesh is a poverty stricken developing country of South Asia. More than 90% people of

this country are Muslim. There are over two laks Waqf estates in this country which are

traditionally obtained and patronized. Only a few of these are administered by the Waqf

Administration under the Ministry of Religious Affair. About 90% of the estates are taken care

of by the local executive committee which is completely beyond the control of Govt. The

mismanagement both in Govt. and Local executive level is descending this prospective sector to

a desertion gradually. If management of this sector is properly executed as per the direction of

Maqasid Al- Shari’ah, then the scenario will change substantially. Otherwise the desired goal

will not be attained. Proper implementation of the Waqf management in this poverty hit country

will make astounding development in the socio-economic arena alongside fulfilling the

conditions of Maqasid Al- Shari’ah. The whole Waqf Management have to be reshuffled in the

light of Maqasid to get the best output as Islamic Sharia is introduced to ensure the total welfare

of the mankind eliminating all malevolence.

2. Definition of Waqf

2.1. Lexical meaning of Waqf

Lexical meaning of Waqf is stopping, stop(page), halt(ing), estate, cessation, discontinuation,

giving up, leaving up, leaving off, desistance, desisting, refrainment, refraining, abstention,

abstaining. Rohi (1999)

The meaning of waqafaas verb-to come to a standstill, come to a stop, to stand still, to

place.Wehr (1980)initially the words Sadaka, Habs, Ahbas were used to represent Waqf. But

later on Waqf has been used extensively replacing those words. Though in some of the African

countries ‘Ahbas’ is still used to mean ‘Awqaf’. www.alifta.net 26/9/14

2.2. Terminological meaning of Waqf

Fuqaha (scholars of Fiqh) defined Waqf as under,

To donate somebody a property from which he can enjoy the full profit share out of it or get

benefitted. This benefit can be extracted permanently or temporarily. Kanduj (2009)

Famous faqeeh Abu Jahra defined thus,

“To acquire land property as per the condition of Waqf in such a way that nobody can sell it

anywhere, donate or enjoy it as inheritance.” Maidi (2002)

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According to dictionary of Legal Terms, “Extinction of the proprietor’s ownership in the

property and the creation of trust of the property for religious purposes.” Agarwal (1975)

Islamic Encyclopedia introduces, “Waqf is such a property which is disowned by the owner or

condition that a trust will own that property and its profit would be utilized in a noble purpose.

The process or method which conducts this donation can be termed as Waqf.” A Rahim (1989)

Clause no. 2(10) of Bangladesh Waqf order 1962 defines Waqf as under,

“Waqf is the donation of any property by any Muslim with a view to accomplishing religious or

charitable activities.” A Hamid (2009)

3. Definition of ‘Maqasid al Shari’ah

Maqasid is the plural form of Maqsad. The origin of the word Maqsad is Qasad. Qasad and

Maqsad are used in the same meaning. Such as, destination, intention, intent, design, purpose,

resolution, object, goal, aim etc. Wehr (1980)But in Arabic language the word Shariah

represents the place of drinking water, fountain etc. Manjur (1956)

Dr. Abdul Karim Jaidan provides terminological definition of Shari’ah as under,

“The codes ordained by Almighty Allah upon his servants are called Shariah”.Zaidan (1969)

Noted scholar Shaikh Allal Al-Fasi has defined Maqasid al Shariah in his book ‘Maqasid al

Shari’ah alIslamiahwaMakarimuha’

“Maqasid al Shari’ah depicts the objective and internal significance or mystery which is

considered by the entity (Allah) while He imposes it upon His servant”. Al-Fasi (1979)

In the view of Dr. Ahmed Ar-Raisuni, Shari’ah codified for implementation of objectives to

benefit the servants of Allah is called Maqasid al Shari’ah”. Raisuni (1411 AH)

4. Fundamental objectives of Islamic Shari’ah

In the view of Imam Gajali and his teacher ImamulHaramine Abu Al-Ma’ali Al-Juaini (R)

preservation and restoration of Deen (Islam), life, wisdom and wealth is wajib. Later on Imam

Shatibi (R) supported these and described as the basis of Shari’ah.

The books written in early age tell that the subjects of Shari’ah was not constrained within those

five things. Rather a lot more things were included in Maqasid alShari’ah. Shihabuddin Al-

Karafi added ‘protection of honor’ with the list of Imam Gajali (R). IbnulKayim (R) included

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establishing justice, protection of social welfare, prohibition of injustice and unsocial activities

within the scope of Maqasid al-Shari’ah.

Taqi al-Din ibnTaymiyyah (d. 728/1328) was probably the first scholar to depart from the notion

of confining the Maqasid to a specific number and added, to the existing list of the Maqasid,

such things as fulfillment of contracts, preservation of the ties of kinship, honoring the rights of

one’s neighbor, in so far as the affairs of this world are concerned, and the love of God, sincerity,

trustworthiness, and moral purity, in relationship to the hereafter. Taymiyyah(1398 AH)

Rashid Rida (d. 1354ah/1935 CE) surveyed the Qur’an to identify its Maqasid, which included,

‘reform of the pillars of faith, and spreading awareness that Islam is the religion of pure natural

disposition, reason, knowledge, wisdom, proof, freedom, independence, social, political, and

economic reform, and women’s rights.’Al-Tahir ibnAshur (d. 1325 ah/ 1907 CE) proposed that

the universal Maqasid of the Islamic law is to maintain ‘orderliness, equality, freedom,

facilitation, and the preservation of pure natural disposition (fitrah).

Yusuf al-Qaradawi (1345 ah/1926 CE) also surveyed the Qur’an and concluded the following

universal Maqasid: ‘Preserving true faith, maintaining human dignity and rights, calling people

toworship God, purifying the soul, restoring moral values, building good families, treating

women fairly, building a strong Islamic nation and calling for a cooperative world.Jasserauda

(2007)

The above discussion clarifies that the objectives of Shari’ah are not constrained in certain

number. As Islamic Shari’ah encompasses the integrated human life as a whole, the laws of

Shari’ah exist in all sphere of life. The number of fundamental objectives of Shari’ah is five

including some optional objectives beyond this.

5. The scenario of Waqf in Bangladesh

Historically there exists huge property obtained through Waqf in Bangladesh. From early age of

dynastic realm Muslim ruler of the country and rich people donated their mentionable property

on Waqf basis for the purpose of religious and general education, orphanage, Hospitals and

socio-economic development activities. The contribution of Waqf property is commendable in

Bangladesh like other Muslim countries of the world. More than 8 thousand educational

institutes are running on the basis of Waqf. More than 1,23000 mosques –the center of moral and

religious education have been founded through Waqf and those are running by its self-earned

fund. Faisal (2012)

Most of the madrasahs founded and run through Waqf are approved by Bangladesh Madrasah

Education Board. The students of those madrasahs are seeking higher education from different

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public and private universities of the country and getting established. This is the way Waqf is

contributing positively for the development of education of the country. To assess the

contribution of Waqf in the socio-economic development of Bangladesh the statistics and

relevant information of Waqf property is rudimentary. But the prevailing statistics on Waqf

property is of early 1986. Bangladesh Bureau of statistics (BBS) conducted the survey on request

of the then ministry of religious affairs about 29 years back. Huge Waqf property has been

unlawfully captured for no survey taking place afterwards in the last three decades. This illegal

occupancy is still on its course. For this reason, we are not getting the real statistics of the

presently existed Waqf property.

As per the survey conducted in 1986 the number of total Waqf property of the country was

150,153. Among which 97,046 were registered, 45,607 were verbally donated and the rest 7,940

were traditionally acquired. These Waqf properties can yield five kinds of advantages that are

extracted by general people, inheritors, religious institutions, educational institutions and others.

Among these highest share of 93.5 percent of the Waqf property was utilized by religious

institutions. These Waqf estates are executed and controlled by inheritors, trustee boards,

committee, Government officers and others. Among those 92.5% are controlled by local

committee or caretaker and the least portion are controlled by trustee board.

From the accounts of income and expenditure or journals we find that the annual income of those

Waqf estates is 906 million BDT. So remaining surplusmoney is 50 million BDT. 1 luck 19

thousand 265 acre of land is under the supervision of Waqf estate. This is the gross scenario of

the Waqf property of the country according to the three decades old statistics. But presently this

income is assumed to have increased manifold. BBS (1987)

6. The statistics of Waqf in Bangladesh

Since independence in 1971 there was no particular statistics of millions of Waqf property.

Whereas particular statistics is a rudimental thing for the proper development and proper

functioning of those Waqf property.

From the advent and inception of living of Muslims – that count 90% of the total population –

the Muslim rulers Mughal, Nababi, British and Pakistani regimes, pious landlords and rich

people have donated their property on Waqf basis. But long way down no investigation or survey

took place although in 1923 and 1962 Waqf law had been enacted. No elective steps had been

taken even after 15 years of independence. Then after a long wait in 1986 Bangladesh Bureau of

statistics (BBS) conducted a survey on request of the then Ministry of Religious affair. Survey

was conducted by the appointed local affairs of BBS during the month of January and

February’1986. According to the survey of 1986 total number of Waqf estate of the country was

150,593. Each Waqf estate was used in different purposes like managing the affairs of mosque,

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madrasha, graveyard, Eidgah (place of Eid prayer) etc. Statistics conducted in 1983 shows that

total number of the mosque of the country was 131, 641 among which 123,006 were as the Waqf

property according to the survey of 1986.

As per the survey of 1986 highest number of Waqf estate was in the district of Comilla counting

9,841. Second and third highest Waqfestate was in Meymensing and Chittagong district

respectively counting 5,659 and 5,535. The least number of Waqf estates were in the district of

Bandarban and Rangamati ranked second in least number of Waqf estate counting 201 and 300

respectively. It was found that, according to the mosque survey of 1986 the district of Bandarban

had the least number of mosques. Division wise statistics shows that the highest number of Waqf

estates was in Rajshahi Division counting 45,159 which were about 30% of the total Waqf estate.

Second and third highest Waqf estates were in and Chittagong Division respectively which

counted 41,317 and 26,386 figuring 27.45% and 17.52% in percentage. The least Waqf estate

was in Sylhet Division counting 11,267 which was 7.50% of the total estate. The number of

Waqf estate of Barishal and Khulna Division were 11,931 and 14,533 whose percentage figures

were 7.95% and 9.52% respectively.

The whole Waqf property of the country, as per the survey conducted by the Waqf estate in 1986,

were divided into three categories such as, Registered, Verbal and Traditional. ‘Registered’

means that property which is registered in the concerned administrative office of the

Government. ‘Verbal’ means that Waqf property which had been executed by the oral declaration

of the donor. These are not registered. ‘Traditional’ means those Waqf property which had been

conducted and controlled traditionally from long past.

These could be either personal or Government property. Among 15059 Waqfestates number of

registered Waqf estate is 97,046. Highest number of registered Waqf estate is in Rajshahi

Division counting 30,419 which is 31.34% of the registered ones. Second and third highest

registered Waqf estates are in Dhaka and Chittagong Division that count 28,422 and 17,562

whose percentage figures are 29.29% and 18.10% respectively. The least number of registered

Waqf estates are in Sylhet Division counting 6024 which is 6.21% of the total registered Waqf

estate.

Rajshahi Division has the highest number of verbal Waqf estate which counts 12,809. Dhaka

Division is ranked second in verbal Waqf estate with the number 11,225. The percentage figure

of the verbal Waqf estates of those two divisions are 28.1% and 24.61% as compared with the

total verbal Waqf estates. Among the traditional Waqf estates the highest number is in Rajshahi

Division and the lowest is in Sylhet counting 1971 and 744 whose percentage figures are 24.82%

and 9.37% respectively.

Above observation shows that according to the Waqf estates statistics conducted in 1986, less

than one third of the total Waqf estates are registered. Whereas all the Waqf estates were

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supposed to be registered as per the Waqf law. Such a big number of Waqf estates not being

registered. Bangladesh Government is losing huge revenue and Waqf property cannot contribute

that much in development as a result. BBS (1987)

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7. What is Waqf management?

In modern age management is considered to be a very important self-oriented issue. Although

Waqf management existed immediate after its inception, it was not that organized and systematic

like the way it is now. It is elementary to have gross overview about management in general

before having the idea about Waqf management. The most basic definition of management is –

what manager accomplishes is called management. In general usage the word “management”

identifies a special group of people who direct effort towards common objectives through the

activities of other people. One of the common definitions on management is-“The process of

getting things done by and through others’’ koontz and Donnel state “Management is a distinct

social process consisting of planning, organizing, directing, motivating, coordinating and

controlling, applied to the efforts of employees to utilize efficiently man, materials, machine,

methods, money and market with a view to achieving predetermined objectives. Mohiuddin

In the light of aforementioned definition of management we can say “To donate some movable

or immovable property or money as Waqf and afterwards to execute or control that property with

a view to achieving some predetermined target with a very dexterous management is called Waqf

Management. Waqf management initiates just the moment a person plans to donate some

property as Waqf. Afterwards that Waqf property is utilized to materialize the goal with the

assistance of organization, direction, patronization and manpower.

8. The types of Waqf management in Bangladesh:

Three kinds of Waqf management are in Bangladesh. First Waqf that are created as private trusts

are not listed in the office of the Administrator of Waqf (OAW) in the ministry of Religious

Affairs; Second, Waqf managed by the Mutawallis or committees, without registering the

Waqfwith OAW and third, Waqf which are registered with OAW. Sadeq (2002)

Besides this some of the banks have introduced Cash Waqf which is executed under their own

management. For the Waqf management in Bangladesh Bengal Waqf Act 1934 was introduced in

British regime and Waqf ordinance 1962 was introduced in Pakistani regime. Recently “Special

Procedure Act 2013” was introduced on February’24 2013 with a view to setting a methodology

for handing over and development of Waqf property. Last two acts are emphatically dealing with

the Waqf management in Bangladesh. Although the direct management is executed by the

concerned Mutawalli committee for the management of Waqf property in Bangladesh,Waqf

management administration under the ministry of religious affair looks after the indirect

management of Waqf.

9. Bangladesh Waqf Administration

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Introduction: Bangladesh Waqf Administration is religious, social and charitable autonomous

organization. Waqf administration was originated through Bengal Waqf Act 1934 which started

the enlisting activity of Waqf estates from the Calcutta office of the Waqf commissioner.

Afterwards Waqf ordinance- 1962 was formed for the proper administration, control and

management of the Waqf estates. Presently Waqf administration of Bangladesh is conducted

according to the rules and regulations of Waqf ordinance-1962.

Aims and objectives:

Theprimary objectives if this organization is to ensure the proper take care, control and

management of the Waqf estates including fulfilling the wish of theWaqif.

Organizational structure:

Bangladesh Waqf administration is situated in its own building in Dhaka at 4, new Eskaton Road.

According to the organogram the number of approved posts of the Head office is 48: 1 (one)

Waqf administrator, 2 (two) sub Waqf Administrators, 7 (seven) Assistant Waqf Administrators

and 38 supporting stuffs. Besides there are 21 district offices each having 3 manpower including

1(one) inspector, 1 (investigator) and 1(MLSS) summing up the total number of personnel to 63.

Fund:Thenumber of enlisted Waqf estates of the Waqf Administration is 20,439. The main

source of income of the Waqf Administration is 5% annual subscription of the estates. In the

fiscal year 2012-13 total collected subscription was 5 crore 41 laks and 21 thousand BDT.

Activities:Presently following activities are conducted under the supervision of Waqf

Administration according to the Waqf ordinance 1962 since its inception.

a) Identification of Waqf property of the Waqf estates on conducting survey.

b) Management of Waqf estates and taking necessary measures to form committee as

required for utilizing the fund.

c) Appointment of Mutawally in vacant post and even elimination of Mutawallyif necessary

for any kind of mistrust, ill-management, unfair activity, forfeiting of fund etc.

d) Giving permission of handing over any parts of its property for its development and

welfare.

e) Giving advertisement for the administration, control, management and looking after of

the Waqf property like majar, Eidgah and others.

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f) If any case is filed in High court Division or Appellate Division of Judge Court or

Supreme Court against any order of Waqf administration then to conduct the case on

behalf of the Govt.

g) Application of power of the administration by District Commissioner or other

representatives according to the clause 36 of Waqf ordinance – 1962.

h) Taking initiatives for the enlistment of the unlisted Waqf estates.

i) Taking decision whether any property is donated as Waqf or not according to Waqf

ordinance – 1962.

j) Investigation on the report of income and expenditure submitted by any Mutawallyand

giving necessary order on the audit report.

k) Taking necessary initiatives to expel the illegal intruder into the Waqf property and taking

legal actions against the people disrupting the activities of the estates.

l) To collect the annual 5% subscription from the Waqf committee of the Waqf estates.

m) To ensure the proper investigation and utilization of t e Waqf fund according to the

clauses of 73 and 74 of Waqf ordinance 1962.

n) To file case if necessary in defending Waqf property.

o) Taking initiatives of the investment of the property confiscated by the Govt. and buying

property in the name of the estates

p) Accomplishment of all necessary activities for controlling and proper management of the

estates.

q) Arranging necessary workshop to prepare Database, modernization and computerization

of the estates to ensure the better service, time-befitting and dynamic waq’f

administration.

r) Own website www.waqf.gov.bd has been formed for the proliferation of information

technology with a view to found digital Bangladesh. 5 years of the Development, (2009-

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10. Waqf Management in Bangladesh in the view of Maqasid al Shari’ah

Maqasid al Shari’ah is not directly applied in Bangladesh while determining the strategy of

Waqf management. The judicial and legal system of this country is being conducted according to

the British and Roman law and legislation left by the British rulers during their realm despite

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90% of the population of this country being Muslim. The Shariah related laws of this country are

contradictory with the Shariah itself having no effective legislative power of the Alim society

(Islamic scholar) of the country. The root cause of this is the fact that the fundamental principle

of the state is secularism although according to the constitution Islam is the state religion. So it is

natural that legislative functions cannot run from religious point of view in a secular country.

Maqasid al Shariah is very important and necessary factor in Islamic law and legislation.

Specialy where Qur’an and Sunnah did not provide any direct indications. As Islamic concept,

spirit and methodology are not applied in case of codifying general law and legislation similarly

Maqasid al Shariah has not been considered in codifying Waqf law.

Waqf management is not directly controlled by the law of Shari’ah whereas Waqf itself is

established by Islamic Shari’ah. There was no modern management system during the time of

prophet (SM). But Islam has basic principles and directions regarding this. So those principles

can be applied in Waqf management even in modern era. In the most developing countries

including Bangladesh Waqf management is very poor. One of the most important reasons behind

this is the absence of strong law or lack of proper application of law. The Waqf management is

being hindered because of corruption, malpractice of power and so on. It cannot be effective

without good governance. After independence of Bangladesh Waqf administration was formed

under the ministry of religious affair according to Waqf ordinance 1962 for the proper

management of Waqf property. But due to the failure of Waqf administration 90% of the Waqf

land had been illegally occupied. Waqf management of Bangladesh is staying far away from

achieving the fundamental goals of Shariah which is basically to do the wellbeing of humankind

and protecting from all sorts of injustice and inhuman. Rearrangement of the Waqf management

according to principles of Maqasid alShari’ah will bring absolute success to fulfill its goal and

objective. For this all the problems related to Maqasid have to be identified first for the proper

Waqf management, so that those problems can be solved in the light of Maqasid.

11. Waqf management from Maqasid al Shari’ah Perspective

Waqf management is religious and social affair in one hand and on the other hand it is an

economical affair as well. Almost all the fundamental aspects of Maqasid are related to Waqf

management directly or indirectly. But Waqf management is directly associated with the

preservation of Deen alongside the property. Besides the fact of describing the preservation of

social welfare by Imam Ibnul Kayum , accomplishment of deed and maintaining the bonds of

relatives by Imam IbnTaymia; reforming the social-political-economic affair and restoring the

dignity of women by Rashid Riza; maintaining discipline and equality by IbnAshur; preservation

of human dignity and rights, calling people towards worshipping, preservation of moral values,

forming strong Islamic nation, developing cooperative world etc. by Dr. Yousuf Al-Kardavi as

the objectives of Shari’ah proves that without planned and organized Waqf management

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attaining the objectives of Shari’ah is not possible. So it is very important to analyze the Waqf

management of Bangladesh in the view of Maqasid.

Waqf management in the light of Maqasid al Shari’ah basically includes the preservation of

property. Preservation of property means to protect it from theft, robbery and other unlawful

ways; acquiring and maintaining property in a proper satisfactory way and preservation of

‘amanat’ etc. preservation of property in Waqf management means to protect the property

donated through Waqf from theft, dacoit, corruption, illegal occupation, misusage,

mismanagement etc. and taking over the responsibility of the property in a lawful manner and

using and taking care of it according to the objectives of Waqif. A brief discussion regarding this

is made below:

11.1.Protecting Waqf property from harm and destruction

Presently existing Waqf property of Bangladesh is getting troubled by harm of different sorts.

The main reason of this is mismanagement and appointment of unworthy people to take care of.

Allah says in this regard prohibiting giving responsibility to unworthy people,

قياما لكم الله جعل التي أموالكم السفهاء تؤتوا وال

And give not unto the foolish your property, which Allah has made a means of support for you.

Al-Qur'an, 4:5

The person who concedes in protecting his property is said to have embraced martyrdom.

Worthy person should be given responsibility to protect the Waqf property from extinction.

Giving responsibility to the unworthy people leaving the worthy ones have been described as the

sign of qiyamah (Dooms day). Bukhari, Hadith-59

11.2.Preservation of Waqf from illegal occupation

Among about 3 lucks Waqf estates of Bangladesh 20 thousand 511 estates are registered. It is

assumed that the total amount of Waqf property is 9 luck acres. According to the information of

Waqf administration only one luck acre of Waqf land is registered. The evil occupational people

are grabbing the Waqf land by the correction of the inheritors of donors and with the help of fake

papers. According to the information presented in the meeting of parliamentary committee of the

ministry of religious affair about 85 thousand 672 acres of Waqf land had been grabbed which

was formerly under the control of Waqf administration. According to this Government

information about 90% of the Waqf land had been illegally occupied. The desired benefit is not

being extracted from those grabbed property. The underlying cause of this is the mismanagement

and corruption of the Waqf administration. This property is being unlawfully exploited and

occupied for decades. But the Waqf administration is remaining silent. According to

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Shari’ahgrabbing one’s property without any lawful procedure has been declared forbidden.

Allah says regarding this,

تعلمون وأنتم باإلثم الناس أموال من فريقا لتأكلوا الحكام إلى بها وتدلوا بالباطل بينكم أموالكم واتأكل وال

And do not eat up your property among yourselves for vanities, nor use it as bait for the judges,

with intent that ye may eat up wrongfully and knowingly a little of (other) people's property. Al-

Qur'an, 2:188

The prime objective of this declaration is to ensure the protection and preservation of the

property. Analysis of the situation of the Waqf property in the context of this objective shows

that the Shari’ah is brutally neglected. If the occupied Waqf property is rescued then in one hand

the appeal of Maqasid al Shari’ah is maintained and on the other hand the betterment of

humankind which is another prime objective of Shari’ah is accelerated.

11.3.To get the Waqf administration free from corruption

Bangladesh is one of the poorest countries of the world. Thousands of crore of taka is being

wasted in different sectors of the country due to corruption every year. For the mismanagement

of different sorts the Waqf administration has turned intocorrupts den.The Waqf property of the

country is given lease at very low cost to the vested people in connection with the corrupt

personnel of the Waqf administration. Afterwards the property is occupied by the lease with the

help of those people. Transaction of bribe has turned into common phenomena

for getting lease of the Waqf property specially Waqf land which eventually leads to the failure in

achieving the goals of Waqf.At this point bribery has been strictly prohibited in Islam. As per the

declaration of Hadith, Allah’s Messenger (PBUH) cursed the one who bribes and the one who

takes bribe. Tirmidhi, Hadith No. 1337

So Shariah wants to uproot all the corruptions including bribes and the likes from the Waqf

management.

11.4.To ensure the transparency and accountability

Without transparency and accountability no management system can sustain. Transparency and

accountability is almost absent in the Waqf management of Bangladesh. The proper application

of Waqf laws is very rare. The accounts of income and expenditure of mutawally committee

(caretaker committee) – which is actually a branch committee – and Waqf administration – the

central organization and leasing process of Waqf property etc. are not beyond question. Plenty of

scopes of confusion are there about the transparency of Waqf property. Whereas Islamic Shari’ah

wants to ensure transparency and accountability in the first place in all spheres of life.

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Prophet (SM) says regarding this,“Each and everybody among you are incumbent and everybody

will be asked for his responsibility.” Bukhari, Hadith-893

So it is one of the foremost objective that transparency and accountability must be ensured in

Waqf management.

11.5.Accomplishment as per agreement

Most of theWaqf estatesunder the Waqf administration of Bangladesh are inagreement with the

administration. They run their functions as per law. For example Waqf estates have to pay 5% of

their annual income to the Waqf administration. In last 2012-13 fiscal year Waqf administration

collected 41, 20,888 BDT which is mention ably less than 5% of the total income of the Waqf

estates. If subscription could be collected properly as per the agreement the amount might be

increased manifold.

Neither Waqf administration nor local management acts as per the agreement. Whereas Islam has

made it compulsory to fulfill the conditions of agreement. Allah says in the holy Quran,

مسئوال كان العهد إن بالعهد وأوفوا

“And fulfil (every) covenant, Verily, the covenant, will be questioned about.(on the Day of

Reckoning).” Al-Qur'an, 17:34

Moreover it is obligatory to fulfill the conditions of agreements until and unless that defy the

rules of halal and haram. Prophet (SM) says in this regard,

“Muslims are bound to perform as the conditions of agreements”. Abu Daud- 3594, Tirmiji-1352

In a nutshell, one of the most basic prerequisite of Islamic Shari’ah is that everybody must

follow the conditions of agreements. But in the Waqf management of Bangladesh we can see

neither of the party follows the conditions of the agreements which is utter deviation of the

objectives of Shari’ah.

12. Some Recommendations to make the Waqf management dynamic

The Waqf management of Bangladesh is encompassed with different problems. If the existing

Waqf management is analyzed in the light of Maqasid it is found that the methods which govern

the Waqf management of the states are faulty. Various problems of the Waqf managements have

brought those on the verge of extinction. Some recommendations are given herein to make the

Waqf management dynamic and effective.

15

12.1.Role of Local Management

The local administration such as the mosque management or Imam can play a significant role

towards spreading Waqf assets. They can take many projects by increasing earning through better

utilizing the space of mosque and permanent Waqf donation by Musallis. There are millions of

mosque in cities and proper areas of Bangladesh. The management of these mosques may

sanction a little space for income generating purposes. From that income the mosque can be self

sufficient. On the basis of income it can be used for Maktab or Madrasah or any other social

welfare activities. If such initiative is taken then it can serve the purposes to achieve the greater

goal and objective of Maqasid al Shari’ah.

12.2.Appointment of necessary manpower

The activities of the registered Waqf administration in Bangladesh have almost come to a

standstill because of the shortage of necessary manpower. So with a view to achieving the

desired target and to accelerate the activities of the administration, necessary manpower like

inspectors and accountants should be appointed at the head office and at 138 local offices.

12.3.Formation of the ministry of Waqf affairs

It is not possible for existing Waqf administration to manage around 2 lacks Waqf states and to

fulfill the objective of Shari’ah. So formation of the ministry of Waqf affairs is a must to achieve

the goals of Shari’ah just as the way it happens in the different Middle East countries like Saudi

Arabia, Kuwait and Egypt etc. It can play significant role to alleviate poverty from the country.

12.4. Formation of Advisory Board

An advisory board can be formed under the ministry of Religious affair consisting specialist

scholars, lawyers, economists, manager, administrators and researchers who will provide

necessary advice to concerned authority of the government. The government will ask for the

approval of the board as required. The decision will take effect only after their approval. This

board will make necessary recommendation after observing the activities of the administration,

project for the development of Waqf property, implementation of Waqf law and so on. Thus, if an

independent board is formed with certain rights and responsibility then it can be a better way in

reducing mismanagement from Waqf management in Bangladesh. As a result objective of

Shari’ah will be attained inshAllah.

16

12.5.Bond Production

Bond production can also be used at the inside and outside of Waqf property sale which have

higher returns. It is practiced in many countries successfully.

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12.6.Dissemination about significance of Waqf in human life

Most people of Bangladesh are neither aware of donation of Waqf and nor of Waqf management.

Imam of mosques and Islamic scholars can disseminate about significance of Waqf through

lectures, writings and Medias. This continuous propaganda can raise the awareness among mass

Muslim population. Such initiative can accelerate Waqf system in Bangladesh.

13. Conclusion

The Waqf management of Bangladesh is considerable weak and corrupted. Waqf management is

not attaining desired result for the lack of proper enactment of laws. In this context author of this

article believes that the proper solutions to the problems identified in the Waqf management by

the research in the flowing article will help in attaining the goal of Shari’ah . As this sector holds

ample prospects the proper utilization of it can contribute a lot from the development of health,

education, dwelling infrastructure down to overall poverty alleviation and the likes. To this end it

can be expected that if we apply the successful examples of the methodology of developed Waqf

management of different Muslim countries in our own country then our Waqf management will

be time-befitting, modern and transparent in one hand and it will have epoch making

contributions in the overall development of the country on the other hand.

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