ISLAMIC AMANAH06/14/13 Dr. Zuraidah Ali 1
Learning outcome• At the end of the lecture, students will beable to:i) define the concept of amanahii) distinguish betwee...
What is amanah• A very wide concept• Covers both daily matter and relationship withAllah• Great virtue and serious underta...
Definition• Literal meaning :• Al- Wafa’ = fulfilling• Wadi’ah = trust• Technically: Amanah is whenever a muslimfulfill wh...
Quranic verses• An Nisa’ : 58• “Verily Allah commands that you shouldrender back the trusts to those, to whomthey are due;...
• Al-Quran 2: 283• Allah swt said ‘if one of you entrusts theother, let the one who is entrusteddischarge his trust …..’• ...
• It started since the time Allah created mankind• Surah Al Ahzab: 72• “Lo! We offered the trust unto the heavens and thee...
Mejelle• Confined to certain areas of law.• Article 762• The thing entrusted to the person who is responsible for thesafek...
Benefit of Amanah06/14/13 Dr. Zuraidah Ali 91) Amanah is the path to successSurah 23 : 8-11“ And who are shepherds of thei...
2) Amanah is one of the qualities of theprophets- All prophets used to be honest andtrustworthy in their dealings, saying ...
3)Amanah is an indication and proof for one’s iman- Saying of the Prophet SAW, narrated by Ahmad IbnMajah;- “ Should I tel...
• 4) Amanah is a prerequisite for taking any positionof leadershipi) Daugther of Prophet Shuaib suggested to his fatherto ...
liar shall biii) Prophet said;”When amanah is being wasted, wait for the last hour tocome. It was said to him: and how the...
5) Islam abhors betrayal of the trust.-Islam condemns betrayal and treachery = a sign ofmunafiqi) “The signs of a munafiq ...
Concept of Amanah• Amanah between Allah and mankind• Amanah in Transaction• Amanah referring to the conduct or attributeof...
Amanah in Transaction• The transaction where amanah is the basicgoal General / Primary Concept of Amanah :In safe- custody...
Amanah referring to the conduct or attribute of theperson• Transaction based on citing profit margins• Custody, guardiansh...
WAQF06/14/13 Dr. Zuraidah Ali 18
MEANING• Literal : Detention• Legal : The dedication of property or giving itaway in charity for the benefit of certainpro...
• When waqf is created, a pious people/ groupof people are appointed as the manager/mutawalli• Unlike trust, the property ...
The property capable of being given aswaqf.• Al-Mal-al Mutaqawwim : capable of legalownership and legal transfer.• In actu...
• The ownership of the waqf property istransferred to Allah.• Once waqf is created, such property ceaseforever to be subje...
Types of Waqf• 1) Waqf Am / Public• - supporting general good and welfare of thepoor• -for public works of utility or char...
• 2) Waqf al Khas/Al Awlad :• - waqf with specific purpose• -family waqf• Those waqf of which the purpose is to make aprov...
• 3) Waqf Al Kahyri• _ This crated to cater needs of orphans,destitutes, blind people, mosque, school,graveyards other pla...
Waqf is on one of the concept ofcharity in Islam• Issues• 1) Whether waqf / charity in favour ofchildren, spouses, descend...
Views under Sharia Law.• Waqf may be made for any purpose whateveris recognized in Islam.• A waqf, being a form of sadaqa,...
Purposes recognized by Islam• 1) Man’s duty is to his family• Surah Al Baqarah : 177 , 215• Surah Al- Nahl• Waqf may be cr...
• 2) The maintenance of mosques dedicated toAllah for worship according to the teaching ofIslam• Charities such as hospita...
Whether Waqf Khas can be consideredas charitable• Shariah “: YES• Common Law : NO• Abu Fata’s Case (1894) 22 I.A 76• Privy...
IMPACT OF ABU FATA’S CASE• Effect the position in most of the Muslimcountries which were under English colonial.• These co...
Cases• Re Shaikh Salman bin Abd Shaikh Mohdshamee Decd v Syed Abu Bkar Alkaff & Anor(1953) 19 MLJ 200• 1) Commisioner for ...
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  • A trust created in favour of the above persons is regarded as non-charitable’ under Common Law
  • Amanah

    1. 1. ISLAMIC AMANAH06/14/13 Dr. Zuraidah Ali 1
    2. 2. Learning outcome• At the end of the lecture, students will beable to:i) define the concept of amanahii) distinguish between amanah and trustiii) know types of amanahiv) Understand the concept of charity & waqf.06/14/13 Dr. Zuraidah Ali 2
    3. 3. What is amanah• A very wide concept• Covers both daily matter and relationship withAllah• Great virtue and serious undertaking.• Concept of accountability.06/14/13 Dr. Zuraidah Ali 3
    4. 4. Definition• Literal meaning :• Al- Wafa’ = fulfilling• Wadi’ah = trust• Technically: Amanah is whenever a muslimfulfill what had entrusted to him which is donesolely for Allah’s pleasure.06/14/13 Dr. Zuraidah Ali 4
    5. 5. Quranic verses• An Nisa’ : 58• “Verily Allah commands that you shouldrender back the trusts to those, to whomthey are due; and then when you judgebetween men, you judge with justice.”06/14/13 Dr. Zuraidah Ali 5
    6. 6. • Al-Quran 2: 283• Allah swt said ‘if one of you entrusts theother, let the one who is entrusteddischarge his trust …..’• he trusted, had confidence in him and gavehim custody of it06/14/13 Dr. Zuraidah Ali 6
    7. 7. • It started since the time Allah created mankind• Surah Al Ahzab: 72• “Lo! We offered the trust unto the heavens and theearth and the hills, but they shrank from bearing itand were afraid of it. And man assumed it. Lo! Hehath proved a tyrant and a fool.”06/14/13 Dr. Zuraidah Ali 7
    8. 8. Mejelle• Confined to certain areas of law.• Article 762• The thing entrusted to the person who is responsible for thesafekeeping thereof, whether placed on trust for safe keeping inpursuance of an express contact, such as a contract of deposit forsafekeeping, or by implication, as in the case of a thing taken on hire orborrowed or intention as where wind blows into the house of a certainperson the property of such person’s neighbour. Such property doesnot become property deposited for safe keeping with the owner of thehouse since there is not contract to that effect but us held by him ontrust• Article 763:• By deposit for safekeeping is meant handling property to any particularperson in order that it may be kept safe06/14/13 Dr. Zuraidah Ali 8
    9. 9. Benefit of Amanah06/14/13 Dr. Zuraidah Ali 91) Amanah is the path to successSurah 23 : 8-11“ And who are shepherds of their pledge andtheir convenant and who pay heed to theirprayers. These are the heirs who willinherit Paradise, There they will abide
    10. 10. 2) Amanah is one of the qualities of theprophets- All prophets used to be honest andtrustworthy in their dealings, saying andbehaviour.- Prophet Muhamad SAW was know as Al Amin= the trustworthy.06/14/13 Dr. Zuraidah Ali 10
    11. 11. 3)Amanah is an indication and proof for one’s iman- Saying of the Prophet SAW, narrated by Ahmad IbnMajah;- “ Should I tell you about who a true believer is? He isthe one whom people trust with money.”- “ A person who doesn’t have trust is void of imanand one who doesn’t keep his word, has actually nodeen.”06/14/13 Dr. Zuraidah Ali 11
    12. 12. • 4) Amanah is a prerequisite for taking any positionof leadershipi) Daugther of Prophet Shuaib suggested to his fatherto hire Prophet Musa and she said; “Oh my father,hire him for the best to hire is the one who is strongand “Amin,’ trustworthy.”ii) Caliph Abu Bakr told Zaid Ibn Thabit when assigninghim the task of collecting the Quran; “You areindeed mature and honest young man. We wouldnever question you intergrity as you were the oneof the scribes to Rasullah SAW. Therefore go andtrace the Quran and collect it.”06/14/13 Dr. Zuraidah Ali 12
    13. 13. liar shall biii) Prophet said;”When amanah is being wasted, wait for the last hour tocome. It was said to him: and how the amanah is goingto be wasted?” Rasullah saw said;” It is when will beplaced in a position of leadership eventhough, theydon’t have any qualification whatsover for being insuch a position.”iv) Prohet SAW said (reported by Ibn Majah and Ahmadwhen he talked about the sign of Last day)“ And then deceptive yours will come in which the liarshall be believed, the betrayar shall be entrusted whilethe trustworthy shall be mistrusted and the ignorantand the foolish shall speak in the matters of thecommunity.”06/14/13 Dr. Zuraidah Ali 13
    14. 14. 5) Islam abhors betrayal of the trust.-Islam condemns betrayal and treachery = a sign ofmunafiqi) “The signs of a munafiq are three; when he/shespeaks tells a lie, whenever he/she makes promise,he/she breaks it and whenever he/she is entrustedwith something, betrays the trust.ii) While counting the people who are going tohellfire, Prophet SAW mentioned “ And the onewho betrays the trust, whose greed can’t be hiddenand a man who deceives you day and out06/14/13 Dr. Zuraidah Ali 14
    15. 15. Concept of Amanah• Amanah between Allah and mankind• Amanah in Transaction• Amanah referring to the conduct or attributeof the person06/14/13 Dr. Zuraidah Ali 15
    16. 16. Amanah in Transaction• The transaction where amanah is the basicgoal General / Primary Concept of Amanah :In safe- custody -Wadiy’ah• Trusts in Transaction by Implication- renting,borrowing, mudharabah, agency, partnership,mortgage• Without and transaction- lost and found item06/14/13 Dr. Zuraidah Ali 16
    17. 17. Amanah referring to the conduct or attribute of theperson• Transaction based on citing profit margins• Custody, guardianship, responsibility of aminor, lady• Witness• Oaths06/14/13 Dr. Zuraidah Ali 17
    18. 18. WAQF06/14/13 Dr. Zuraidah Ali 18
    19. 19. MEANING• Literal : Detention• Legal : The dedication of property or giving itaway in charity for the benefit of certainproperty for a good purpose, religious, piousand charitable06/14/13 Dr. Zuraidah Ali 19
    20. 20. • When waqf is created, a pious people/ groupof people are appointed as the manager/mutawalli• Unlike trust, the property of waqf does notvest in the mutawalli.• The establishment of waqf is voluntary06/14/13 Dr. Zuraidah Ali 20
    21. 21. The property capable of being given aswaqf.• Al-Mal-al Mutaqawwim : capable of legalownership and legal transfer.• In actual ownership. It must be in existence atthe time of creation of the waqf and must becapable of immediate delivery.06/14/13 Dr. Zuraidah Ali 21
    22. 22. • The ownership of the waqf property istransferred to Allah.• Once waqf is created, such property ceaseforever to be subject to the rules of privateproprietorship and therefore belong toneither the founder nor the beneficiary.06/14/13 Dr. Zuraidah Ali 22
    23. 23. Types of Waqf• 1) Waqf Am / Public• - supporting general good and welfare of thepoor• -for public works of utility or charitablepurposes –school, hospital etc.06/14/13 Dr. Zuraidah Ali 23
    24. 24. • 2) Waqf al Khas/Al Awlad :• - waqf with specific purpose• -family waqf• Those waqf of which the purpose is to make aprovision for the founder’s family or relatives.06/14/13 Dr. Zuraidah Ali 24
    25. 25. • 3) Waqf Al Kahyri• _ This crated to cater needs of orphans,destitutes, blind people, mosque, school,graveyards other places of public welfare06/14/13 Dr. Zuraidah Ali 25
    26. 26. Waqf is on one of the concept ofcharity in Islam• Issues• 1) Whether waqf / charity in favour ofchildren, spouses, descendants ascendants orcollaterals can be considered as charity.• 2) “non-charitable’ under Common Law.06/14/13 Dr. Zuraidah Ali 26
    27. 27. Views under Sharia Law.• Waqf may be made for any purpose whateveris recognized in Islam.• A waqf, being a form of sadaqa, its objectcannot be used for purposes06/14/13 Dr. Zuraidah Ali 27
    28. 28. Purposes recognized by Islam• 1) Man’s duty is to his family• Surah Al Baqarah : 177 , 215• Surah Al- Nahl• Waqf may be created for the support of thefounder’s own immediate descendants andfor immediate family06/14/13 Dr. Zuraidah Ali 28
    29. 29. • 2) The maintenance of mosques dedicated toAllah for worship according to the teaching ofIslam• Charities such as hospitals, schools,universities, pensions and other works ofpublic utility06/14/13 Dr. Zuraidah Ali 29
    30. 30. Whether Waqf Khas can be consideredas charitable• Shariah “: YES• Common Law : NO• Abu Fata’s Case (1894) 22 I.A 76• Privy Council held• : the waqf as void .• :The gift was illusory06/14/13 Dr. Zuraidah Ali 30
    31. 31. IMPACT OF ABU FATA’S CASE• Effect the position in most of the Muslimcountries which were under English colonial.• These countries were bound by Privy Council’sdecision.• Passed law to invalidate family Waqf.06/14/13 Dr. Zuraidah Ali 31
    32. 32. Cases• Re Shaikh Salman bin Abd Shaikh Mohdshamee Decd v Syed Abu Bkar Alkaff & Anor(1953) 19 MLJ 200• 1) Commisioner for Religious AffairsTrengganu & Ors v Tengku Mariam Tengku SriWa Raja & Anor. [1970] 1 MLJ 222• Haji Embong v Tengku Nik Maimunah [1980] 1MLJ 28606/14/13 Dr. Zuraidah Ali 32
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