SHOULD MALAYSIAN STATES HAVE A FRESH APPROACH TO WAQFS? A PROPOSAL FOR A MODEL WAQF ENACTMENT

Throughout history, waqfs were the most important instruments for redistribution and management of wealth in the Islamic world. They were at the same time the most important providers of education, health and a myriad of other essential services. Moreover, they did this not by coercion but by voluntary donations of Muslims. The achievements of this institution are visible throughout the Islamic world in the form of magnificent architectural monuments admired by all nations.

Yet, due to complex historical reasons this important institution came under attack first by imperialists and colonizers and then, when the majority of Muslim nations regained their independence, by indigenous modernists. While, according to the Shari’ah and centuries-long traditions, waqfs are supposed to be autonomous organisations, they were first centralized and then subjected to ruthless destruction in much of the Islamic world.