CONCEPT OF WAQF IN ISLAM:

In Islamic legal terminology Waqf means the process of protecting a thing so as to prevent it from becoming the property of a third person.  A property transferred for this purpose is properly called Mawquf.  However, in common usuage the word Mawquf is used interchangeably with Waqf.  Thus, by common usage Waqf is a thing which while retaining its substance yields a usufruct which is utilized for the permitted good purposes.  The owner of the property declared as a Waqf, no longer has any power over its disposal but can stipulate one of the permitted uses as the exclusive use of the usufruct at the time of making the Waqf.

1.  WAQF IN EARLY ISLAM:

Waqf was not known to Arabia before Islam.  The first waqf seems to have been established when Banu Najjar donated gardens to the Prophet (pbuh) to build a mosque.  Umar R. at the division of Khaibar land acquired valuable land and asked the Prophet (pbuh) who replied “Retain the thing itself and devote its fruits to pious purpose”.  Umare R did this with the provision that the land should neither be sold nor bequeathed.

2.  MAKE-UP OF WAQF

The founder of the waqf must have full right of disposal over property.  Thus he must have unrestricted ownership in the subject of the waqf and must be in full possession of his faculties, be of age and a free man.  The yield of the waqf can only be used for permitted purposes.  A non-Muslim can make a waqf if the purpose is compatible with Islam.

3.  CHARACTERISTICS OF MAWQUF

The Waqf must be of a permanent nature and yield a usufruct.  Thus usually the Mawquf is a real estate.  However, majority of the scholars allow the movables to be as Mawquf as these are things which can be subject of a legal agreement in Shari’a e.g. animals for their silk and wool, trees for their fruits and books for study.  The usufruct can also be made a waqf e.g. the yield of a piece of land leased for a specified period.

4.  PURPOSE OF THE WAQF
 
The intention for the creation of a waqf must be for seeking the pleasure of Allah (SWT).  Based on intended purposes, there are two types of waqf:           a)  Waqf Khairi  which is exclusively  for  works of  religious or public nature (mosques, schools,  hospitals, bridges, waterworks);  b) Waqf Ahli or Waqf Dhurri  which is for the use of family, children or other relatives or persons.  The ultimate purpose, however is to help the “ghuraba”, i.e. the poor people.

5.  FORMALIZING A WAQF

A written form is not absolutely necessary.  However, nowadays especially in the Western world because of the legal requirements, documentation is a must.  The founder of waqf  must clearly express his/her wishes either by Waqftu, Habbastu, or Sabbutu.  If he/she uses other formulae he must specify that ‘it must neither be sold nor given away or bequeathed’.  Otherwise it will only be Sadaqa.  The founder must also specify accurately the Mawquf and state exactly the purposes and in whose favour the waqf is made.

6.  ADMINISTRATION OF THE WAQF

The administration is in the hands of a “Nazir” (director) who can receive a salary for his services.  The first Nazir (Director) is usually appointed by the founder.

In an Islamic system the “Qadi” has a right to supervise the waqf.  He can, if necessary, appoint the “Nazirs” and dismiss them.  The form of administration and the use to which the revenues are put depend on the conditions laid down by the founder.

7.   WAQF AS PART OF A WILL

The founder must create the waqf and transfer the assets during his lifetime, otherwise it will only be a Sadaqa as long as it does not exceed 1/3 of the deceased’s estate as per laws of inheritance in Islam.

It should be made clear that a waqf cannot be founded with the intention that the assets in question would go towards a waqf at a later date.  The property or assets have to be immediately and irrevocably transferred to a waqf.

8.  NEED FOR AN ISLAMIC WAQF IN CANADA

For the development of a Muslim community in Canada, the establishment of various institutions to serve and facilitate its growth cannot be underscored.  Islam in Canada needs to develop certain social, educational, economical and political structures.  In order to build these institutions, availability of adequate financial resources is a must.  This challenge is not peculiar to the Muslim community in Canada.  Muslims throughout their history were faced with the same kind of problem.  It is more appropriate for us to search in our own history and our own Islamic experience for solutions than to resort to expediency i.e. borrowing money from un-Islamic sources. 

THE CANADIAN 
ISLAMIC
TRUST FOUNDATION
(C.I.T.F)

Towards Building the Future of the Ummah

Since the 7th century A.H. Muslims developed the institution of waqf to fund the running of schools, hospitals, mosques, orphanages, etc.  Not only did that keep those institutions flourishing, it also kept them independent and secure from any interference by foreign colonial rulers.

In keeping with the ever growing needs, the Muslim institutions in Canada are expanding, generating their own financial commitments.  Stable and dependable ISLAMIC financial resources are therefore necessary for operating these institutions independent of any alien domination.  The time has come that we take action and establish our National waqf in Canada to meet the demands inherent in the future growth of the community.  HENCE THIS PROJECT - THE CANADIAN ISLAMIC TRUST FOUNDATION (C.I.T)

In keeping with the ever growing needs, the Muslim institutions in Canada are expanding, generating their own financial commitments.  Stable and dependable ISLAMIC financial resources are therefore necessary for operating these institutions independent of any alien domination.  The time has come that we take action and establish our National waqf in Canada to meet the demands inherent in the future growth of the community.  HENCE THIS PROJECT - THE CANADIAN ISLAMIC TRUST FOUNDATION (C.I.T)

9.  BOARD OF TRUSTEES

The Prophet (PBUH) said to Umar® “if you wish you can keep it as an endowment to be used for charitable purposes”.  “So, he gave the land in charity (i.e. as an endowment) on the condition that the land would neither be sold nor given as a present, nor bequeathed, (and its yield) would be used for the poor, the kinsmen, the emancipation of slaves, Jihad, and for guests and travelers; and its administrator could eat in a reasonable just manner and he also could feed his friends without intending to be wealthy by its means”.

The affairs of the Canadian Islamic Trust Foundation (C.I.T.) are managed by its Board of Trustees.  This Board is composed of seven members, out of which four are elected by ISNA-Canada general membership from across Canada.  The other three which are ex-officio members are as follows:

1. President of ISNA (Canada)
2. Secretary General of ISNA-Canada Office, Secretary of the C.I.T. F. Board
3. President, ISNA Housing Cooperative Ltd. (I.H.C.)

Election Procedures:
The Board of Directors of the Canadian Islamic Trust Foundation are nominated/elected/selected by the General membership of ISNA-Canada.  Whenever there is a vacancy on the CIT Board, members of ISNA in Canada can nominate the Muslims under the following guidelines (details are found elsewhere):

• Commitment by the nominee to Islam as a total way of life (and not partial commitment).
• Background and experience (qualifications) in relations to “Trust and Business” matters.
• Involvement in the Islamic activities/work at the local, regional or Canadian/North American levels.
• Since C.I.T. is part of ISNA, the nominees must be from its committed members and also involved in its work.

PRESENT CIT BOARD   (all volunteers)

Khalid Tarabain, Edmonton, AB  Chairman Ghulam Nabi Chaudhary, Edmonton, AB, Vice Chair

Dr. Mohamad Khadim,   Brampton, ON.  E-Mail: mkhadim@isnacanada.com, (905) 403-8406, ext 238

Dr. Mohamed Bekkari,   N. Liskard, ON, Member  Muratib Ali, Burlington, ON, Member