Lesson 4 - Waqf Studies

Module 4
Decline and the recent
growth of Awqaf
WAQF STUDIES INTRODUCTORY COURSE

Course Content
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 2
• Mismanagement of Awqaf;
• Colonisation;
• Post-colonial nation-state nationalisation of
Awqaf;
• Current Experiences in the Muslim World and in
Muslim Communities outside the Muslim World
• Kuwait Awqaf Public Foundation;
• National Awqaf Foundation of South Africa;
• An Nur Waqf – Johor Corporation, Malaysia;
• Hajee Mahomed Lockhat Wakuf - Durban,
South Africa.

Learning Outcomes
1. Understand the decline of Awqaf due to mismanagement;
2. Understand the decline of Awqaf due to colonization;
3. Understand the decline of Awqaf due to post-colonial
nation-state nationalization of Awqaf;
4. Understand the history of Awqaf in Kuwait and its
Administrative Development;
5. Understand the history, organizational structure and
achievements of Awqaf SA;
6. Understand the history and achievements of An Nur Waqf
– Johor Corporation, Malaysia;
7. Understand the history and achievements of Hajee
Mahomed Lockhat Wakuf.

Decline in the growth of Awqaf
The growth and popularity of Awqaf declined primarily
because of the following reasons:
•Mismanagement of Awqaf assets,
•Colonisation; and
•Post-colonial nation-state nationalisation of Awqaf.

Understand the decline of
Awqaf due to mismanagement
• As Waqf became popular and powerful, there was a period
when public Waqf was mismanaged and neglected.
• Some of the public Waqf were abused by greedy mutawallis
(trustees) who exploited the public Waqf assets for their own
benefit.
• The mismanagement and abuse of Waqf assets were resented,
resisted and deterred by the public which caused the decline in
the growth of Waqf.

Understanding the decline of
Awqaf due to Colonization
• Starting from the 19th century until the middle of the 20th
century, many Islamic countries were colonised by the
Europeans.
• The European invasion was not only against Islamic
civilisation, cultural and economic but was also military and
political.
• The colonisers authorised policies in many parts of the Islamic
world against Islamic Awqaf and their strong institutions in
order to drive them towards disintegration and bankruptcy.

The French policy during the protectorate era (1912-1956) were
against Islamic bequest in the countries that were under the
control of the French authorities and were based on five criteria:
1. Squandering anything that Waqf can do without and misusing
of its money and property;
2. Exploiting the Muslim poor in the worst manner (i.e., those
who used to benefit from Waqf property);
3. Removing the Islamic spirit from Waqf work and encouraging
the system of partiality;
4. Stinginess in all Islamic services that Waqf was founded for;
5. Resistance against the Sultans influence and decrease of its
influence as much as possible.
Understanding the decline of Awqaf
due to Colonization – Continued…

• In Morocco, the French colonisers transferred the best Waqf
land to them.
• In 1928, 10.000 hectares of land was transferred, and in 1930
160 lots were transferred while 288 real estate properties were
sold. In the same way, Waqf buildings were occupied by the
colonial administration.
• Big loans from Waqf fund were given to the services related to
its administration but none of these credits were reimbursed to
the Waqf.
• Damaged mosques and Islamic schools that were under Waqf
control were intentionally left neglected and abandoned.
Eventually, these Waqf assets collapsed due to the
destruction by the colonisers.

• The French colonisers also had the aim of destroying the
Islamic culture and Arabic language. In one instance, the
French colonisers deliberately turned a respectful Islamic
school into a barn.
• The deliberate destruction of Awqaf assets was repeated in
Algeria, Tunisia, Syria and Lebanon.
• The rationale behind the deliberate destruction of Awqaf was
to destroy its influence, civilization role, together with the
independence and moral and material immunity it used to
provide.

Understanding the decline of Awqaf due to
post-colonial nation-state nationalization of
Awqaf
• “The New National Government” or “Nation-State” inherited a
lot from the colonial governance mindsets particularly in terms
of institutions, laws and policies. The independent
governments continued with the the policy against Islamic
institutions that abolished, marginalized or weakened Waqf
institutions and property.
• The independent new government transferred the position,
influence and responsibilities of the Waqf institutions and
started to control Waqf institutions.

Recent years has seen the revival of Awqaf both in Muslim and
Muslim minority countries.
Some of the examples of Awqaf organisations are:
•Kuwait Awqaf Public Foundation (KAPF)
•Awqaf South Africa (Awqaf SA);
•An Nur Waqf – Johor Corporation, Malaysia;
•Hajee Mahomed Lockhat Wakuf – South Africa.
Current Experiences in the Muslim World and in
Muslim Communities outside the Muslim World

Understanding the decline of Awqaf due to
post-colonial nation-state nationalization of
Awqaf – continued …
• The new independent government in the “new state” in the
Islamic world adopted the policy of control over social life and
ascribed all its functions and facilities to the government and
its institutions. What reinforced this trend was the emergence
of totalitarian system experience and its influence on the
Islamic world.
• Due to the management inefficiency and the failure of good
governance structure by the government, the Waqf sector
continued with the downward spiral. The role of Waqf in social
development, social welfare, cultural activity and educational
development declined in growth and Waqf was dominantly
limited to mosques and its activities.

Understanding the history of Awqaf in
Kuwait and its Administrative Development
History of Waqf in Kuwait and its Administrative Development
•Waqf is an old establishment in Kuwait. The first documented
waqf is the Bin Bahar mosque which was established in 1108AH ,
corresponding to 1695 AD. The early waqf in Kuwait were
administered by the by the waqifs (dedicators) or the nazirs
appointed by them.
•Waqf is established through the emerging needs of the society
and neighbourhood, based on social solidarity. Waqf assets
included houses, shops, water wells, palm farms and fish traps.
There were awqaf on attending to mosques, providing meat, food
and drinking water, in addition to memorizing the Holy Book,
charities, books, supporting kinsmen and
the poor and the needy.

– continuation …
• From the 20th
century, the government of Kuwait took steps in
developing governmental system and expanding its powers to
cover the Waqf domains. In 1921, a waqf department was
established in order to set rules and regulations to develop
waqf.
• The powers of the Waqf Department expanded to utilize waqf
in serving places of worship and the needy. At the same time,
non-governmental participation in managing awqaf was given
more attention through the establishment of the Awqaf Board.

• The Waqf department set the administrative structure and
specified the duties and responsibilities of employees. A
verdict was issued appointing a director general for the
department which started to exercise its authority gradually on
the mosques which were under the control of Imams and
Muezzins. A new plan to attend to and restore mosques,
together with specifying the remuneration of the Imams and
muezzins was initiated.
• In April 1951, an Amiri Decree was issued to apply shari'a-
based waqf regulations to handle matters through opinions
elicited from the four schools of Islamic thought.

• With the independence of Kuwait, the awqaf witnessed a new
era as the department had changed into a ministry in 1962. It
was known as the ministry of awqaf, then 'Islamic affairs' was
added in October 1965.
• The ministry took charge of many duties and responsibilities,
including waqf, whose responsibility was entrusted to an
assistant undersecretary for administrative and financial
affairs. Things remained so until July, 1982, when an
independent sector for awqaf was established under the
authority of an assistant under secretary.

• After the liberation of Kuwait from the Iraqis, regulations were
issued to re-organize the ministry of awqaf & Islamic affairs.
• Consequently, the waqf sector combined two sub-branches:
the first is related to the development of waqf resources to be
managed by a board for developing these resources. The other
was in charge of managing waqf affairs. This system proved to
bring about positive results, particularly in terms of flexibility.
• Kuwait Awqaf Public Foundation (KAPF) was formed in
November 1993 as result of the above developments.
• KAPF was established as a governmental body, enjoying
relative autonomy in decision-making in compliance with
governmental rules and regulations to take charge of awqaf
within Kuwait and outside Kuwait.

Kuwait Awqaf Public Foundation (KAPF)
•KAPF is responsible for promoting waqf and attending to all that
is related to it, managing its funds, investing them and spending
their proceeds as specified by the waqifs in compliance with the
shari'a purposes of waqf and to develop the society civilization,
culturally and socially to ease the burden of the poor and the
needy.
•Awqaf affairs board is the supreme authority in charge of
managing waqf, consisting of Shari'a Committee, the Committee
for Developing and Investing waqf revenues and the Committee
of Waqf Projects.

The strategic duties and responsibilities of KAPF includes:
•Calling for Waqf:
• Media and marketing activities
• Interest in waqifs
• Interest in Non-Governmental Sector and Public Utilities
Societies
•Investing Awqaf and Augmenting Proceeds;
•Spending the Proceeds and Developing a Society.

Waqf funds and Projects
•A waqf fund is established as required by necessity to fulfill
actual needs as based on specific studies conducted by KAPF.
•Once the idea of establishing a waqf fund is approved, a decision
by the Minister of Awqaf and Islamic Affairs and Chairman of
Awqaf Affairs Board is issued, together with specifying the
domains of its activities.
•A waqf fund conducts its activities through a board of directors
which defines its policies, plans and programmes to achieve the
objectives for which it was established. The board of directors
includes some private citizens and it is allowable to co-opt
representatives from some concerned governmental bodies.

• Waqf funds carry out several activities related to development
in order to be able to fulfill the needs of a wide sector of
society.
• These activities may include serving the Holy Quran and its
sciences, attending to mosques, attending to the disabled and
people with special needs, developing environment, extending
support to culture and thought issues, health development,
family care, community development and Islamic co-
operation.
• Other areas can be added through monitoring societal needs.

Objectives of Waqf Funds
•Reviving waqf by promoting its developmental role by integrating and
coordinating projects, while observing the priorities through popular
projects having developmental dimensions.
•Developing charitable work through presenting a new model to be
followed in managing waqf development and realizing unique results at
the lowest cost.
•Addressing the citizens' needs in areas not properly handled by other
agencies so that waqf moneys would meet the realistic societal needs
through a prioritization plan which observes integration with other
governmental and non governmental bodies.
•Involving popular participation in promoting waqf and managing its
projects and providing flexibility to waqf activities through an array of
rules an regulations which secure discipline and smoothness.

Financial Resources of Waqf Funds
Each fund depends upon the following:
•Waqf proceeds allocated to it at an annual basis.
•Proceeds of new awqaf whose objectives are identical to the
objectives of the funds.
•The fees for the activities and services extended by the fund.
•Grants, bequests and donations which do not contradict with the
nature of waqf, its policies and objectives of the fund. Bequests
and donations provided by foreign agencies should be approved
in advance by KAPF Planning Committee.

Multi-Relations of Waqf Funds: Relation between waqf funds and
KAPF
•A committee to co-ordinate between waqf funds was established
to monitor and control the relation between waqf funds and to
improve their performance, oversee their activities, avoid
overlapping or duplicity and co-ordinate in respect of joint
projects in which other bodies other than waqf funds are
involved.
•KAPF offers facilities to lower operational costs and raise
performance through follow up and promotion and offering
shari'a, legal, financial, administrative and technical consultations
to avoid any contradiction or duplicity
in their activities.

Developing Waqf Funds
In order to promote waqf funds and to achieve effectiveness and
objectives, KAPF decided to merge some funds to four main
categories as follows:
•The Waqf Fund for The Holy Quran and its Sciences;
•The Waqf Fund for Attending To Mosques;
•The Waqf Fund for Social and Scientific Development;
•The Waqf Fund for Health Development.

Waqf projects
A waqf project is an organizational mould organized by KAPF, or
in collaboration with some governmental or non-governmental
bodies. Some examples of the projects established by KAPF are
as follows:
•Kuwait Autistic Center;
•Project of Settling Family Disputes;
•Question and Answer Center;
•Anis, the Young Reader Project;
•Prophetic Hadith and Biography (Al Seera al Nabawiyya)
Academy;
•Project of Time Waqf;
•All charities spending.

INTERNATIONAL DIMENSIONS OF KAPF EXPERIENCE
At the International level, KAPF has contributed towards the
following projects:
•Project of Waqf Bibliography;
•Developing Waqf Studies and Researches Project;
•Project of Waqf Databank;
•Training Waqf Cadres Project;
•Project of Presenting current Waqf Experiences;
•Project of Awqaf Journal;
•Project of Waqf Jurisprudential Issues Forum;
•Waqf Thesaurus Project;
•Project of Codifying waqf Regulations.

Understand the history, organizational
structure and achievements of Awqaf SA
• Awqaf SA™ was pioneered in 2000 as an independent
community-based and owned trust, dedicated to the
establishment of the institution of Waqf and the empowerment
of communities.
• Awqaf SA is a charitable endowment (waqf) receiving
organization. It invests endowment funds and spends only the
income generated from investments to fund a variety of
community development projects and programs promoting
Integrated Community Development and Self-Reliance.
• Awqaf SA is not affiliated to any organization but participates
and contributes wherever possible. Awqaf SA enters into
Cooperation and Friendship agreements with relevant
stakeholders.
• Awqaf SA recently won the “Islamic Economy Award”
(Waqf & Endowments section) in Dubai.
•

– continued …
Awqaf SA Vision
•To be the leading civil society waqf / endowment institution in Southern
Africa having the best financial and human capital asset base providing
cutting-edge value-adding initiatives and services to empower people and
communities and excelling in all that we do with the highest standards of
ethics and integrity.
Awqaf SA Mission
•Development & popularization of the waqf system and mobilization of
waqf funds as means of providing sustainable funding solutions;
•Mobilization, training, & engagement of volunteer human resources for
community service ;
•Initiation and/or contribution to worthwhile sustainable community
development and poverty alleviation projects and programs.

– continued …
Awqaf SA Policies
•Cooperation, Partnerships & Working Unity;
•Promotion of Self Reliance;
•Effective Corporate Governance;
•Holistic view of Community Development;
•Being Proactive and Relevant;
•Learning Organization;
•Service to all irrespective of creed or colour.
Awqaf SA Values
•Ethical behaviour and code of conduct;
•Sincerity of purpose;
•Taqwa – Consciousness of Our Creator in thoughts,
feelings, and actions.

– continued …
Awqaf SA Organogram

– continued …
Chapters
Awqaf SA has chapters in Gauteng, Western Cape, and a network
presence in other provinces, towns, and cities.
Awqaf SA has had many great track records both in South Africa
and internationally.

Understand the history and achievements
of An Nur Waqf – Johor Corporation,
Malaysia
• Johor Corporation (JC orp) is a state investment corporation constantly
striving towards fulfilling its aspiration to become a corporate entity that
defines prosperity and upholding corporate social responsibility as one
of its key agenda.
• In line with its ‘Membina dan Membela’ slogan, JCorp believes that
corporate success and social responsibilities work and in hand as to be
realised through approaches that conform to Islamic Syari’ah principles
and universal values.
• At JCorp, non-profit associations and bodies are known as Amal
Business Organisation (ABO). ABO functions as a medium for JCorp to
contribute towards the development of the ummah through various
aspects of charity, well-being and recreation as well as
entrepreneurship.
• In 2011, a total of 27 non-profit organizations are operating under JC
orp’s ABO . These ABOs are divided into four categories namely Social &
Public Welfare Development, Entrepreneur Development, Sports and
Recreation Development and lastly, Staff Welfare.

Malaysia – Continuation …
SOCIAL DEVELOPMENT AND PUBLIC WELFARE WAQAF: AN-NUR
CORPORATION BERHAD (WANCorp)
•Waqaf An-Nur Corporation Berhad (WANCorp) is a Limited
company established to guarantee proper management of Johor
Corporation and its Group of Companies’ stocks and assets under
endowment.
•WANCorp serves as ‘Maukuf Alaihi’ to stocks and other forms of
the company’s security that has been put under endowment as a
whole.
•WANCorp is also responsible on behalf of Johor Corporation’s
CSR initiatives to manage Waqaf An-Nur Hospital (HWAN ) &
chain of clinics (KWAN ), Waqaf Dana Niaga, Waqaf Brigade and
contributing to the public through fi sabilillah benefit distribution.

• The fi sabilillah benefit distribution program by Waqaf An-Nur
has managed to benefit patients’ welfare, livelier mosques,
entrepreneurial and educational programs.
• Contributions were also extended internationally through
Somalia Humanitarian Aid and GAZA Humanitarian Fund.
• For the year 2011, WANC orp issued RM945,502.13 for
contribution purposes and fisabilillah benefit distribution.

CHAIN OF JOHOR CORPORATION ANNUR MOSQUES
•Until recently, there are altogether 7 mosques including one in
Sibu Island under JC orp’s management through WANCorp.
•Services provided by the mosques are not limited to serve as a
place of worship, but also as a centre of knowledge for the
community members.
•The chain of Johor Corporation An-Nur Mosques could now cater
to over 15,000 worshippers.

WAQAF AN-NUR HOSPITAL (HWAN) AND WAQAF AN-NUR
CLINICS (KWAN)
•Johor Corporation is an organization responsible in developing and
managing 16 Waqaf An-Nur clinics (KWAN) and a charity based Hospital
under the name Waqaf An-Nur Hospital Pasir Gudang(HWAN).
•KWAN s are accessible in Johor, Negeri Sembilan, Selangor, Perak and
Sarawak with co-operation from the Islamic Council of the respective
states.
•The main objective of the clinics’ and hospital’s establishment is to
provide healthcare and dialysis services to the less fortunate segment of
the society.
•It provides healthcare treatments at a nominal charge of RM5 inclusive
of medicines and dialysis treatments at a subsidised price to the
deserving. These patients also receive monetary assistance from Baitul
Mal, PERKESO and all other welfare agencies that
allow them to receive free treatment.

WAQAF BRIGADE
•Holding fast to the vision of becoming an outstanding Islamic voluntary
organisation in calamity management both nationally and internationally,
Waqaf Brigade has proven its existence through a recognition granted by
National Security Council (NSC).
•True to its establishment objective as an emergency aid organisation,
Waqaf Brigade have accomplished a multitude of humanitarian aid
activities be it in times of calamity or peace.
•The Waqaf Brigade team has contributed its service during the flood
catastrophe which swept Segamat, Muar, Kota Tinggi and Batu Pahat
during the early and towards the end of 2011.
•Waqaf Brigade Elite and support groups played a role in cleaning and
conserving schools, mosques, halls, clinics and submerged homes. Waqaf
Brigade’s contributions have led to JCorp’s recognition in ADFIAP Awards
2011, as a participating organisation in
the Corporate Social Responsibility (CSR )
program.

of Hajee Mahomed Lockhat Wakuf
• The establishment of the Hajee A.M. Lockhat Wakuff was not only an act
of worship but also an act of gratitude to Allah.
• Inspired by his wife, the late Mrs. Ayesha Lockhat to establish a Wakuff
to express their gratitude for all the bounties Allah had bestowed upon
them, the late Hajee A.M. Lockhat established the Hajee A.M. Lockhat
Wakuff on the 22 April 1933, with the initial sum of 3000 pounds.
• It was registered in the Natal Deeds Registry on the 1 May 1933.
• The initial Trustees were:
Ahmed Mahomed Lockhat – Founder
Suleman Mahomed Lockhad – Brother of Founder
Ismail Mahomed Lockhat – Brother of Founder
Mahomed Ahmed Lockhat – Eldest son of Founder

of Hajee Mahomed Lockhat Wakuf –
Continuation …
• The objectives of the Wakuff as stated in the Notarial Deed of
Trust was to “create a fund for charitable, educational and
religious purposes to be applied in the Republic of South
Africa, India, Makkah and Madinah.”
• Subsequent to this initial donation of 3000pounds, the prime
business property at 104/108 Commercial Road, Durban where
Lockhat Bros. and Co. (Pty) Ltd. was located, was personally
donated by the late Hajee A, M. Lockhat to the Hajee Ahmed
Mahomed Lockhat in 1933. The two-fold benefit of this
donation to the Wakuff was the acquisition of an asser and the
resulting income generated from rentals by Lockhat Bros.
and Co. (Pty) Ltd.

Continuation …
Management of Income after the death of the Founder
•According to the Trust Deeds, the net income from the Trust
properties was to be applied by the Trustees as follows:
1/8 for the benefit of the poor and madaris in the province of
Natal.
1/8 for the benefit of the poor and madaris in Kathor, India.
¼ for the benefit of the poor and madaris in Makkah and
Madinah.
•The remaining 50% of the net income to be utilized for acquiring
further immovable property.

Continuation …
Amendment to the Trust Deeds
•In 1964 an amendment was made to the original Trust Deed of
1933. Amendment was inevitable – since the Hajee A.M. Lockhat
Wakuff was not exempted from donation tax unless income was
utilized in the Republic of South Africa only.
•Other factors also impacted on this decision, namely, the total
sum in accounts in Kathor, Makkah and Madinah and their
change in economic conditions from 1930’s to 1960’s.

Continuation …
PROJECTS OF THE WAKUFF
•Masjids
• Lockhat Masjid (formerly Ahmedia Masjid) built in 1942.
• Masjid-e-Yusuf (Parlock).
• Al-Ameen Masjid and Madrasah (Chatsworth) – Wakuff
provided financial assistance for the building. Also
assisted with salaries for educators.
• Bagdadi Islamic Institute – Wakuff was the largest
donor for the construction of the masjid and the
madrasah. Wakuff has assumed total responsibility for
the maintenance of the masjid-cum-madrasah.

Continuation …
• State-Aided Schools
• Ahmedia State Aided School – built by the Hajee A.M.L
Wakuff in 1947. Besides the salaries of the secular
educators, the Wakuff bore the entire cost of the
maintenance of the school and salaries of the Islamic
educators.
• Donations to the following state aided schools:
• Orient Islamic State Aided School – Wakuff largest
donor (1959)
• South Coast Madrasah School – (1947)
• Anjuman Islam State-Aided School – (1953)

Continuation …
• Islamic Private Schools
• With regard to the Islamic Private Schools, it is interesting to
note that the Hajee A.M.L. Wakuff provided free premises for
the first Islamic Private School in KZN, namely, the former
Lockhat Islamic College. They benefitted the use of the school
for 14 years with a nominal fee of R200 a year.
• Crescent Girls’ High School (1998) – a non-profit private
secondary girls’ school built and subsidized by the Hajee A.M.L.
Wakuff.
• Al-Azhar School of Durban – established in 2000. Whilst the Al-
Azhar of Egypt is responsible for the Islamic Education, the
Hajee A.M.L Wakuff is responsible for subsidizing fees, major
running costs of the school, provision of secular educators and
implementation of the secular curriculum.

Continuation …
• Schools in Rural Areas
• The Hajee A.M.L Wakuff has also been responsible for
the building of over 15 schools for the disadvantaged
African communities in KZN.
• Amongst these schools is also the Lockhat Women’s
Training Centre – Inanda which was officially opened by
Dr. Buthelezi in 1997.
• Tertiary Institution – that have benefitted from the Hajee
A.M.L Wakuff are: -
• The University of Kwazulu Natal (Westville)
• M.L. Sultan Technikon
• Cato Manor Technikon

Continuation …
• Islamic Educational Organization of Southern Africa (IEOSA)
• IEOSA is the educational arm of the Wakuff. The rationale
for the establishment of the organization was to provide a
structure, non-controversial effective Islamic Education.
The team of 30 are responsible for teacher training,
research and curriculum development. The number of
madaris affiliated to IEOSA is 53. The IEOSA educational
system and publications are being used internationally.
• Welfare Division – provides hampers and financial assistance to
the needy.
• Bursaries – are provided at the tertiary level of education.

Continuation …
Sustainability of the Wakuff
•Since inception, the Hajee A.M.L Wakuff engaged in various income
generating activities to expand the income base of the Wakuff.
•Amongst these projects was the building of a block of residential flats (in
the year 1960) in Commercial Road, (THE WAKUFF BUILDING) that
generates rental income for the Wakuff.
•With a view of increasing the Wakuff income further, the Late Mr. Y.A.
Lockhat build the LOCKHAT CENTRUM on the existing building site
(104/108 Commercial Road) in 1981. To realize this costly project, the
trustee loaned personal funds to the Wakuff. The project includes 2
arcades that run parallel to each other and provided the business sector
with approximately 40 stores.
•The success of this project motivated the Wakuff to establish yet another
shopping centre in the CBD – the L.C.T. CENTRE (Lockhat Charitable
Trust) in 1990.

Continuation …
The research conducted by the Islamic Development Group in
Jeddah (Saudi Arabia) concluded on their findings of Awqaf in
South Africa as follows:
“With the exception of a few, most of the Awqaf institutions in
South Africa are related to mosques and religious educational
institutions. One of the few income generating Waqf institutions
in South Africa is the Hajee Ahmed Mahomed Lockhat Wakuff
established in Durban in 1933. This Waqf initiated the Islamic
Educational Organization of Southern Africa (IEOSA) in 1985 to
advance quality Islamic education to the community.”

End of Module 4
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Lesson 4 - Waqf Studies

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