Citation: Bawa D Muhammad Anka & Huzaifa Aliyu Jangebe (2025). The Relevance and Socio-Economic Values of Al-Waqf in Nigeria. Global Academic Journal of Humanities and Social Sciences; Vol-7, Iss-4 pp- 143-147. https://doi.org/10.36348/gajhss.2025.v07i04.001
THE RELEVANCE AND SOCIO-ECONOMIC VALUES OF
AL-WAQF IN NIGERIA
BY
DR. BAWA D MUHAMMAD ANKA
DEPARTMENT OF ISLAMIC STUDIES
FEDERAL UNIVERSITY GUSAU
&
DR. HUZAIFA ALIYU JANGEBE
DEPARTMENT OF ISLAMIC STUDIES
FEDERAL UNIVERSITY GUSAU
ABSTRACT
This paper discusses the relevance and
socio-economic values of Waqf in contemporary Nigeria. It provides clear expositions
on the values of Waqf in the fields of education, economics and other
social institutions like marriage etc., this paper, explains the general
concept of Waqf in accordance with the opinions of the Muslim
jurists at various levels. Therefore, the meaning of Waqf is conditions, its position in the law of property, who and how it
should be administered have been discussed in this paper.
Keywords:
Relevance, Socio-Economic, Values and Waqf.
INTRODUCTION
In
The Name of Allah The Beneficent The Merciful
In His immutable
Divine-Book (The Qur’an) Allah (S.W.T)
says:
O you who
believe! Shall I lead you to a bargain that will save you from a grievous
penalty? That you believe in God, and that you strive (your utmost) with your
property and your persons: That will be best for you if you but know! (Q.61: 10-11)
From
the verse of the Qur’an above, it could be perceived that the religion of Islam
advocates for selfless sacrifice from every believer both physically and
economically, towards the upliftment of Islam and the well-being of its
adherents. The precedence confers to the material assistance in the Glorious
Qur’an is indeed, a greater emphasis on its importance within the Islamic framework.
It should however, be noted that whenever Allah (S.W.T) mentions or
calls for assistance it does not mean that He needs of anybody’s wealth rather,
it is used figuratively for the benefit of economically disadvantaged class of
people. These are categories of individuals who cannot earn sufficiency either due
to poverty or physical deformity.
Therefore,
in order to alleviate the suffering of miserable people, Allah (S.W.T)
enshrines different types of material assistance for them with the solid aim of
improving their difficulties and hence freeing them from economic bondage. For
example, Zakah has been instituted in
Islam as a compulsory charity on the well-to-do Muslims to the poor ones in the
society. Besides, Sadaqah (voluntary
charity) and Hibah (gift) are also
recommended for the less privileged to help them out. Therefore, waqf can be seen as being introduced in
Islam in order to serve the function of eradicating socio-economic problems in
the Muslim Community. The practice of waqf
has been unanimously endorsed by the four prominent Sunni Muslim schools of jurisprudence. Waqf also falls within the types of Sadaqatul-Jariyyah, because
it is usually exercised in perpetuity for an individual or the general welfare
of the Muslim community in general.
This
paper, therefore, analyses the relevance and socio-economic values of waqf in our contemporary Nigeria.
However, to make the concept more clearly understood the paper starts with the
meaning of the term waqf and how it originated.
The conditions to be satisfied by waqf
(endower) and those that govern the validating of waqf (endowment) and the factors that invalidate it also received
equitable treatment. Similarly, the position of waqf in the law of property and how it should be administered have
also been discussed.
Finally,
the conclusion has been drawn in which the findings of the paper have been
pointed out.
Meaning of Waqf
The
term “waqf” with Arabic plural is
linguistically defined by Qadri (1986) as detention or tying up. In Maliki school
of law it’s mostly known as “Hubs”
Khalil (nd) Keffi, (2002).” jurisprudentially, it is the donation of
goods or/and services that are being held in perpetual trust for general or
specific charitable causes that are socially beneficial (http://www.isbd.org.aboutwaqf). (Retrieved on 21st June
2024). By this definition, it means waqf
is an inalienable religious endowment in Islamic law.
Origin of Waqf
in Islam
According
to Gibb and Kramers (1974), the Muslim jurists dated the origin of the
institution of waqf to the Prophetic
period. It was also said that the well–to-do among his companions like Abubakar
and Umar (R.A), and many others made endowments in their lifetimes.
It
was reported by Imam Bukhari
that the Prophet (S.A.W) had once time bought gardens from Banu-Najaran in order to build a Mosque.
They, however, refused to take the money and gave the land for the sake of
Allah (S.W.T) as waqf. The
Prophet made waqf of a piece of land
he acquired in the canton of Khaybar
for the benefit of the travellers. According to the Athar of Abdullahi bn
Umar, his father the second Pious Khalifah
acquired lands called Sammagh in the
same canton which were very valuable to him. He sought the permission of the
Prophet (S.A.W) to give them away as Sadaqah
(voluntary perpetual charity). The Prophet (S.A.W) replied; “Retain the
thing itself and denote its fruits to pious purposes”.
Similarly,
Umar (R.A) did this for his children, kindred and poor with the condition that
the lands should never be sold nor bequeathed. In other words, he gave the
lands out as Waqf for his children,
kinsmen and poor people.
It
was also narrated by Anas Ibn Malik (R.A)
of a waqf made by Abu Talha. The narration shows that Abu Talha (R.A)
had a favourite garden called Baru’ah
in the city of Madinah where the Prophet (S.A.W) used to go and have a
rest under the shades of the garden’s trees and drinks from its water. But in
his desire to comply with the teachings of the Qur’anic verse which says:
You
shall never attain to goodness till you give in alms of that which you love and
whatever you give, in truth God knows it. (Qur’an, 3:92)
Abu
Talha (R.A) gave the Prophet (S.A.W) the best garden in
anticipation of Allah’s blessings. However, the Prophet (S.A.W) gave it
back to him with a suggestion that he should make it an endowment for his
relatives. He therefore acted accordingly as advised by the Prophet (S.A.W)
as shown in the following Hadith.
Narrated Anas: the Prophet (S.A.W)
Said to Abu Talha:
Give
(your garden) to the poor amongst your relatives. So he gave it to Hassan and
Ubay Ibn Ka’ab (Bukhari).
Similarly, Doi,
(1983) confirms that Zubayr Ibn Awwam
made an endowment for his daughter. Ikramah did it in favour of his son and
Abubakar (R.A) for the benefit of his children. Equally, Sa‘ad bn Waqas also gave his lands in Madinah
and Egypt as endowment for his children and Uthman Ibn Affan (R.A) made the same of his land called Baru’ah.
It can be
understood that the institution of waqf
has emerged from the time of the Prophet (S.A.W) and his companions (R.A).
However, certain conditions have been stipulated for any Muslim who intends to
exercise or make waqf.
Conditions for the Waqf (Donor)
The following
conditions are to be satisfactorily met by any Muslim who wishes to denote his
possession as Waqf.
The first
condition is that the Waqf must have
full right of disposal of his property, he should therefore, be in full
possession of mental faculties, be of puberty and be a free man (not a slave).
He must also, have unrestricted ownership in the subject of the government.
The
second condition is that the waqf should
make his endowment with an object that is permanent in nature and yield,
usufruct (Manfa’a) so that it is
primarily real estate. However, Muslim jurists like Imam Malik and Imam
Shafi’i opined that Waqf is also
possible with movable property.
The
third condition reveals that the purpose of the endowment must be a service
pleasing to Allah (S.W.T). Therefore, Waqf (endower) should have the motive of seeking Allah’s reward for
his endowment of a religious or public nature like the building of Mosques, Islamiyyah schools, hospitals and other
infrastructure like roads, bridges and water works. The waqf is equally allowed to make endowments for his family which is
called “Waqf al-ahli”.
The
fourth and the final condition is that the Waqf
must clearly express his intention either by saying Waqftu or Habbastu (i.e
have intended to make endowment) or can use other wordings by addition that it
must neither be sold nor given away nor bequeathed; otherwise, it would only be
a Sadaqah. The Waqf must further describe the object accurately and state exactly
for what purpose and in whose favour the endowment is made. An emphasis has
been made on the clear mention of those to whom the endowment is made and for
what purpose. However, according to Qadri (1986), no express word is necessary
to constitute a Waqf so long that the
donor intends to dedicate the usufruct of the property permanently to good
services.
Conditions for the Validity of Waqf (endowment)
The
following four (4) conditions as pointed out by Gibb and Kramers (1974) must be
observed by the donor before achieving the validity of his endowment.
First
of all, the endowment must be made in perpetuity, which in the case of
endowment for definite individuals, is managed by allotting the proceeds after they
died. It is therefore also inalienable (a right which cannot be taken away).
Secondly,
it must come into being at once and there must be no condition for postponing
it, except the death of the donor, but in the case of Will (wasiyyah) the donor can only make one-third
(1/3) of his property waqf.
Thirdly,
the Waqf should be an irrevocable legal transaction (al-Lazim).However, according to Imam Abu Hanifah, the endowment can be
revoked only when it is connected with the death of its founder.
The
fourth condition is the conveyance (Taslim)
of the substance of the endowment to those for whom it is intended or rather to
the administrator. However, Imam Abu
Yusuf, opines that the endowment is already complete by the declaration of the
donor’s intentions. In the case of foundations for the common good like Mosque and
cemeteries, the conveyance is completed by putting it into use, even if only by
one person.
Position of Waqf in the Law of Property
There
are different opinions among Muslim jurists regarding the ownership of Waqf.
According
to one view shared by Shaybani, Abu Yusuf, Shafi‘i and his school, the Waaqif’s right of ownership ceases. It
is usually said that it passes to Allah (S.W.T) this view, however, indicates
that nobody is allowed to self or claim private ownership of any commodity set
for Waqf.
Another
opinion by Imam Abu Hanifah and Imam Malik is that; the donor and his
heirs retain the right of ownership; he is only prevented from exercising it.
This opinion maintains that the ownership of a Waqf remains in the Waaqif
both during and after his lifetime.
The
third view is that the ownership passes to the beneficiaries. Imam Ahmad bn Hanbal and some disciples of Imam
Shafi’i are of this opinion.
Whatever
the case, and to curtail the freedom of the interested parties to sell the Waqf’s properties donated as charity and
for the welfare of humanity, an endowment becomes permanent and irrevocable.
Administration of Waqf
The
management of the Waqf is
administered by Mutawalli (somebody
appointed to look after the property) being paid monthly for his services. In
all the Schools of Law except for Maliki and Hanafi; the founder could be the
first Mutawalli and could always
appoint someone as the Mutawalli.
According
to Shaybani, the donor will not be a trustee unless he conditioned it for
himself at the time of consecration. However, this view was rejected by Abu
Yusuf who said that it was not necessary in the case of Waqf and this view is the overwhelming opinion among scholars.
Therefore, the founder of the Waqf
may appoint the original mutawalli
and provide his successor. When there is no such provision, the Qadi (judge) may designate the Mutawalli usually giving preference to
the descendants of the Waqif. When
the donor passed away in a private endowment the beneficiaries could appoint Mutawalli, and in public endowments, the
judge alone has the right to do it. The Mutawalli
has always been under the supervision of the Qadi and even if he was the donor, might be dismissed for the abuse
of his position.
The
duties of Mutawalli are to administer
the endowment’s substance by the stipulated conditions and to receive and
distribute the proceeds among the beneficiaries. The judge always retains
general supervisory powers over the appointed administrators. He has no right
to sell the property unless it is given by legal circumstances. Therefore, the
power to lease the property is restricted and in case of houses, he grants a
short lease for a period of not more than one year. Gibb and Kramers (op.cit).
Invalidation of Waqf
Like
every religious deed, Waqf can also be
rendered null and void by the following factors.
i. Muslim. An endowment made by a non-Muslim is also
invalid even if it is made for the benefit of the religion and the Muslims
like; building a mosque by a non-believer for the use of the Muslims.
ii. Apostasy. If
the founder becomes apostate, the foundation loses its validity and passes to
his heirs.
iii. Conveyance.
If the endowment was not conveyed by the founder until the illness which leads
to his death, the Waqf becomes invalid. However, the author of Jallab opined
that whosoever made a will of endowment for his heirs in the state of last
illness, the Waqf is valid and right ownership remains with the heirs. But if
he includes other relatives in the will it can only be authentic from one-third
of his wealth. ibid
iv. Partiality.
According to Khalil (op.cit), al-Waqf which is only intended for male children
is rightly vitiated. This is because it resembles the attitude of the people of
the Jahiliyyah period.
v. In pious
purpose. The Waqf is also invalid when it is intended for sinful acts. For
instance, if the revenue realised from the object of the endowment is to be
used in wine purchase.
The Relevance and Socio-Economic Values of
Waqf
It is
obvious that the growth and development of every community depends primarily on
the socio-economic well-being of its members. Education which forms the
backbone of every community also depends on the socio-economic status of
individuals within a given community. Therefore, Islam emphasises the
importance of material assistance in cash or in kind to those of a lower
socio-economic status.
Waqf is one of the
charitable deeds described by the Prophet as perpetual in rewards. It can be
founded for the benefit of a person, or group of people, or for any pious
services. Thus, al-waqf can be
applicable in our contemporary Nigeria to address the socio-economic problems
facing a greater number of citizens such as the following:-
Al-Waqf can be
applied to arrest the socio-economic unrest facing the Nigerian community. The
existence of various dubious means of confiscating one’s possessions is
increasing at an alarming rate which causes total insecurity to people’s lives
and properties. Such innate acts include the dubious “419” act, high-way armed
robbery and rampage stealing. There is also the emergency of the so-called
“Area boys” who notoriously threaten peoples’ properties and save their lives. Another
current scenario of banditry and kidnapping rampantly taking place in northern
Nigeria could be surmounted by the use of waqf donation. It is a well-known
fact the perpetrators of such notorious acts are in most cases gangs of youths
who are neither acquired religious education nor conventional.
For
this reason, they became idle without any respect for humanity. And some of
them are school dropped outs and some are graduates without employment to cater
for their living. In this case, therefore, if wealthy individual Muslims can
willingly declare some portions of their wealth as Waqf to take care of the payment of scholarships for such poor
students to secure jobs for the unemployed ones this social unrest could have
been checked before it culminated into what it is today.
Another
socio-economic value of Waqf can be
seen in the field of medication or health services. It is a well-known fact
that in Nigeria today, many poor citizens cannot afford medical treatment for
themselves and their families. Moreover, our government hospitals have become mere
consultation rooms owing to the failure of the government to provide adequate
medical facilities and treatment to the general public. It is a real-life experience now that with the
removal of fuel subsidy by the Asiwaju Tinubu democratically elected
government, the high cost of living is day by day becoming unbearable because prices
of all products in the country skyrocketed, more importantly on food items. A
common man is hardly able to get three meals per day talk less of attending to
hospital bills. Therefore, if waqf
can be initiated in that direction, it would help greatly. For example, an
economically well-to-do Muslim may decide to sacrifice a certain portion of his
wealth as Waqf for the purchase of
medicine and other surgical instruments for the benefit of the common man in
the society. Somebody can also build well-equipped dispensary stocked with
different medications and donate it as waqf
in a village for the use of the inhabitants of the area.
Marriage
is one of the social aspects necessary for keeping one’s family lineage. This
social institution has been given attention in the Glorious Qur’an and Hadith.
It can be observed that Prophet Muhammad (S.A.W) urges young Muslims to
marry whenever he has the wherewithal in order to keep his chastity under
control and free from temptation. However, it could be seen that a good number
of desired Muslim youths could not marry because of the economic hardship in
which they find themselves. Similarly, many parents delay the marriage of their
daughters for the same reason (we heard of many requests from different parents
who wanted to give out their daughters in marriage during the fasting periods.
On this issue, also cash waqf is
applicable and is of paramount socio-economic value.
Another
relevant area of waqf has to do with
taking care of orphans, widows, handicapped and abandoned children. These
social classes of people should be assisted to alleviate their miserable
condition. Prophet Muhammad (S.A.W) was reported to have said that
orphans and widows should be assisted. Therefore, waqf can be applied to serve this purpose. For instance, some states
like Sokoto, Kebbi and Zamfara have established orphanage homes where abandoned
babies and orphans who have no guardians are being taken care of. Similarly,
there are schools for the physically handicapped. Thenceforth, wet-handed
Muslims can create endowments to serve these purposes.
The
problem of inadequate infrastructure like roads, electricity and good drinking
water is worth reflecting on, as well as the relevance and socio-economic
values of waqf in Nigeria. The rich
Muslims can complement the efforts of governments by making endowments through the
construction of roads or rehabilitation, the construction of culverts or
open-dug wells, or the provision of pipe-borne water for the intrinsic benefit
of the common man. Similarly, the building of residential houses donated as
endowments will be of great social security for many people who may be left
stranded because of the lack of shelter. If there were endowments of houses,
the problems of accommodation faced by the victims of crises or travellers
would have been minimized to the barest level.
Finally,
endowments can be utilised to solve the socio-economic problem of beggars.
Islam does not encourage any form of beggary unless when it becomes inevitable.
The dependence of any capable individual upon somebody else has been condemned
by Islam as a disgraceful sin. Therefore, to curb the number of increasing
beggars on the streets and save the image of those habitual dependant on other
people, the application of waqf can be put in place. For example,
a fund can be raised for them where the rich people will be sending their
endowments through donations or create for them centres for skill acquisition to
become self-dependence.
CONCLUSION
From
the above discussion, it can be perceived that the institution of waqf exists right from the period of
Prophet Muhammad (S.A.W). Therefore, it is permissible for every
economically abled Muslim to make waqf
for the benefit of the general public. However, it is important and even
compulsory for a Muslim who intends to make waqf
to know and satisfy all the conditions governing its validity and what can lead
to its invalidation as explained in this paper.
It is
equally important to note that, this paper stresses the fact that nobody, even
the donor himself can claim the right of ownership of the property of waqf. This is with a view to making it
permanent and inalienable by law. Moreover, the administration or management of
waqf is the sole responsibility of an
Imam or Qadi. Therefore, somebody can be employed to look after the
property of waqf and be paid for the
job by the Islamic Government. Similarly, a judge (Qadi) can be appointed to supervise the well-being of all waqf properties.
In case of any mismanagement of the
property by the employee, he will be compelled to return it and be dismissed
instantly.
Meanwhile,
this paper outlines the relevance and socio-economic values of waqf in contemporary Nigeria. The paper
observes that if the institution of al-waqf
could be properly applied by the rich Muslims, the menace of socio-economic instability
in the country could have been reduced drastically if not completely addressed.
Therefore,
at this juncture, the paper is calling on our rich Muslims to embark upon the
donation of endowment (waqf) for the
sake of Allah (S.W.T) to attract His blessings and pleasures. Similarly,
Muslim scholars all over the country should endeavour to re-awaken the
awareness of the generality of the Muslims in Nigeria about the importance of
the institution of waqf. Seminars and
workshops can be organised to accomplish the task and achieve its goals.
Alhamdulillah
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Zaria: Gaskiya Corporation.
Gibb, H.A.R and Kramers, J.H.
(1974). Shorter Encyclopedia of Islam.
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