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Module 1
Introduction to Waqf Studies
WAQF STUDIES INTRODUCTORY COURSE
Course Content
•The Beginning: Brief Overview of Islam
•What Islam is all about?
•Islam: the complete Way of Life
•Maqasid Al Sharia: The higher objectives of Al Shariah
•Introduction
•Classification Of Benefits
•History In Brief
•Identification Of Maqasid
•Charity in Islam
•Significance of Charity in Islam
•Giving in the Way of Allah (Infaq) is a Defining
Characteristic of Muslims
•Types of Charity - Different types of Charity and Islamic
rulings
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 2
Learning Outcomes
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 3
1. Understand the basics of Islam;
2. Understand the background to
Waqf;
3. Understand basics of Maqasid al-
Shari`ah;
4. Understand the broad base of
Islamic Charity and Gifting.
The Beginning: Brief Overview
of Islam
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 4
•The first revelation of the Holy Qur’an was in the year 610/611
in the city of Mekkah (cave of Hira);
•The first word reveled to Prophet Muhammad (SAW) was
“Iqra” as a command to read;
•The ultimate mission of humankind according to the Qur’an is
to “worship” Allah (SWT), the one and only Creator of all
creation. Allah (SWT) says in the Qur’an “I have not created
the jinn and men except for this that they should
worship Me alone”. (Qur’an 51:56)
•Worship means complete submission to Allah (SWT), his laws,
rules, and regulations as the sole sovereign of all (mankind);
The Beginning: Brief Overview
of Islam
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 5
•The Qur’an was reveled over 23 years;
•Through revelation, the Prophet (SAW) created various
institutions for the transformation of society such as masjids,
zakat, niqah, hajj, sadaqah, hisbah, etc.
•One of the important institutions that was created upon the
revelation of the Qur’an and the advice of the Prophet
Muhammad (SAW), was the institution of Waqf;
•Today Awqaf (plural of Waqf) institutions can be found in
South Africa, Kuwait, Qatar, India, Saudi Arabia, Kenya,
Mauritius, Malaysia, Indonesia, Morocco, Tunisia, Mali, the
USA, UK, Australia, New Zealand, Europe, etc.
What Islam is all about?
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 6
What Islam is all about?
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 7
•The Sovereignty of Allah – “There is no god, but Allah”.
Muslims serve none, but Allah (SWT);
•Knowledge – Iqra, is a Singular IMPERATIVE Verb, meaning
the acquisition of knowledge which is obligatory on each and
every human being, especially on Muslims. The Prophet
Muhammad (SAW) said “Seek knowledge from the cradle to
the grave and even if it takes you to China”, meaning that
Islam advocates “continuous learning and from all walks of
life”;
•Universal Principles –Principles are part of the human
condition, consciousness and conscience. Allah (SWT)
commands us to establish Justice and exhorts us to do good,
for indeed Allah loves the doers of good;
What Islam is all about?
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 8
Freedom –Freedom of thought, expression and fundamental
human rights are ensured and guaranteed. Islam frees
humanity from all types of enslavement and superstition;
People – People are at the heart of the Islamic Ideology and
Muslims will only achieve their promised results on earth and
the hereafter if it is properly channeled through its people;
Power – Muslims will not realize the full potential Islam on
an ad hoc and individual basis. Muslims need the requisite
power to implement all of the above through the institution
of “Khalifatullah fil ard”, Government on earth.
What Islam is all about?
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 9
Islam: the complete Way of Life
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 10
Hudhaifah (RA) narrated that Allah (SWT)’s Messenger (SAW)
said to us, “Honesty descended from the Heavens and settled
in the roots of the hearts of men (faithful believers), and then
the Qur’an was revealed and the people read the Qur’an, (and
learned from it) and also learned it from the Sunnah. Both
Qur’an and the Sunnah strengthened their (the faithful
believers’) honesty.”
(Bukhari 9/381)
Islam: the complete Way of Life
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 11
Muslims believe that:
•Islam is the ultimate and complete way of life for mankind;
•Islamic teachings are full of truth, wisdom and virtues; and
taken altogether they are a perfect guide to mankind of all
ages, generations, races and social strata;
•Allah (SWT) sent down the Qur’an to His Messenger as a
guide to mankind (Qur’an 2:185). It is a complete divine
guidance, with nothing omitted from it (Qur’an 6:38). It is a
confirmation of (revelations) that went before it, and a
fuller explanation of the Book wherein there is no doubt
from the Creator of the Worlds (Qur’an 10:37).
•Allah (SWT) assuredly guards it (from corruption). (Qur’an
15:9) It is verily a Message for the God-fearing, a Truth of
assured certainty (Qur’an 69:43-52).
Islam: the complete Way of Life
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 12
The following further explains in detail of the guidance of the
Qur’an to mankind. Allah (SWT), the Most High says:
[...Nothing have We omitted from the Book and they
[all] shall be gathered to their Rabb in the end.]
(Qur’an 6: 38)
[…He it is Who has sent unto you the Book, explained
in detail. They know full well, to whom We have given
the Book, that it has been sent down from your Rabb
in Truth. Never be then of those who doubt.] (Qur’an
6: 114)
Islam: the complete Way of Life
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 13
[For We had certainly sent unto them a Book based on
knowledge, which we explained in detail - a Guide and a
Mercy to all who believe.] (Qur’an 7: 52)
[…[This Qur’an is] a Book with Verses basic or fundamental
[of established meaning] further explained in detail from One
Who is All-Wise and Well-Acquainted [with all things].]
(Qur’an 11: 1)
The Qur’an guides us to believe and obey Prophet Muhammad
(SAW). Our Creator emphasizes:
[Indeed, in the Messenger of Allah [Muhammad] you
have an excellent example to follow for him who hopes
in [meeting with] Allah and the Last Day, and
remembers Allah much.] (Qur’an 33: 21)
Islam: the complete Way of Life
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 14
“And if you have a dispute concerning any matter, refer it to
Allah and His Messenger.’” (Qur’an 3:31)
“And verily, this is my Straight Path so follow it, and follow
not other paths, for they will separate you away from His
Path. This He has ordained for you that you may become
pious.” (Qur’an 6:153)
[...This day I have perfected your religion for you,
completed my favor upon you, and have chosen for you
Islam as your religion…] (Qur’an 5: 3)
Maqasid Al Sharia: The higher
objectives of Al Shariah
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 15
•Shari`ah is focused on the benefits of the individual and of
the community, the promotion of cooperation and mutual
support within the family and the society at large. Justice
itself is a manifestation of Allah (God)’s mercy and is an
objective of the Shari’ah;
• Maqasid al-Shari`ah deals with the goals and objectives of
the Islamic Shari’ah law. It outlines the objectives and wisdom
(hikmah) as prescribed by Shari’ah in all its rulings to protect
and preserve the benefits and interests (maslahah) of society.
The masalih (pl. of maslahah) is another name for maqasid;
•The two uppermost objectives of Maqasid al-Shari`ah are
compassion (rahmah) and guidance (huda) which are the
ingredients to establish justice, eliminate prejudice, and
alleviate hardship;
Maqasid Al Sharia:
Classification Of Benefits
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 16
Maqasid al-Shari`ah can be categorized into descending
order of importance, beginning with the essential
(masâlih /daruriyyat), followed by the complementary
needs (hajiyyat), and then the embellishment
(tahsiniyyat).
Maqasid Al Sharia:
Classification of Benefits
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 17
• The essentials (masālih /daruriyyat) are particulars that
are required and considered as vital for the founding of
wellbeing in this world and the Hereafter. If society in some
way neglects them, the outcome will be anarchy together
with disorder of the functionality of the society which will
result in total collapse;
The essential masālih/ daruriyyat are further divided into
five: (i) Preservation of faith/religion (Din); (ii) Preservation
of the life; (iii) Preservation of lineage / descendents /
procreation (lineage); (iv) Preservation of property (Mal); and
(v) Preservation of intellect/reason (‘Aql);
•The Shari’ah seeks to protect and promote these values and
validates measures for their preservation and advancement.
Maqasid Al Sharia:
Classification of Benefits
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 18
•The needs (hajiyyat) serve as complementary to the
essentials. It consists of what is needed by the community for
the achievement of its interest and the proper functioning of
its affairs. If it is neglected, the social order will not actually
collapse but will not function well. Likewise, it is not on the
level of what is indispensable (daruriyyat).
•For example: A great deal of the concessions (rukhas)such as
the shortening of salah, and opening of the fast for the sick
and the traveler are aimed at preventing hardship, but they
are not essential since people can live without them if they
had to. In almost all areas of obligatory ‘ibadat the Shari’ah
has granted such concessions. A needs maslahah can be
elevated to the rank of the essential maslahah when it
concerns the public at large.
Maqasid Al Sharia:
Classification of Benefits
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 19
•The embellishments (tahsiniyyat) relate to matters which
bestow enhancement in the society and a guide to improved
life. This class is of the nature of desirability as they seek to
attain refinement and perfection in the customs and conduct
of people at all levels of achievement.
•The admirable illustrations are Shari’ah’s guidelines as clean
body and attire for purpose of prayer, offering charity and
avoiding lavishness, recommendation of supererogatory
prayers (‘ibadat), the wearing of perfume when attending the
congregational Friday prayer, discouragement of the
consumption of raw garlic on that occasion.
Maqasid Al Sharia:
Classification of Benefits
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 20
•Embellishments (tahsiniyyat) advocates customary matters
and relations among people such as gentleness (rifq),
pleasant speech and manner (husn al-khulq)and fair dealing
(ihsan) which is encouraged by the Shari’ah;
•The rationale of all these are the accomplishment of
integrity and perfection in entire fields of a person’s
behavior. However, without these values the society will still
be able to function and normal life process will not be
interrupted. The illustrations of these matters are: voluntary
(sadaqah), and ethical and moral rules, and others.
Maqasid Al Sharia:
History in Brief
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 21
•The history of maqasid al-Shari’ah will show that there were
differences of orientation among the leading madhahib
toward the maqasid al-Shari’ah . Some were more open to it
than others, but elaboration into the goals and objectives of
the Shari’ah was generally not encouraged;
•It was not until the early fourth century that the term
‘maqâsid’ was used in the juristic writings of Abû ‘Abd Allâh
al-Tirmidhi al-Hakim (d. 320/932) and recurrent references to
it appeared in the works of lmâm al-Haramayn al-Juwayni (d.
478/1085) who was probably the first to classify the maqâsid
al-Shari’ah into the three categories of essential (daruriyyat),
complementary ((hajiyyat), ) and desirable ((tahsiniyyat).)
which has gained general acceptance ever since;
Maqasid Al Sharia:
History in Brief
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 22
•Significant developments on maqasid al-Shari’ah took place during
the times of al- Ghazali (d. 505/1111) and al-Shatibi (d. 790/1388)
when Maqasid al-Shari’ah was formalized;
•Juwayni’s ideas were then developed further by his pupil, Abû Hamid
al-Ghazali who wrote at length on public interest (maslahah)and
ratiocination (ta’lil)in his works, Shifa’ al-Ghaiîl and al-Mustasfa.
Ghazali was generally critical of maslahah as a proof but validated it
if it promoted the maqasid of the Shari’ah. As for the maqasid
themselves, Ghazali wrote categorically that the Shari’ah pursued
five objectives, namely those of faith, life, intellect, lineage and
property which were to be protected as a matter of absolute priority;
Maqasid Al Sharia:
History in Brief
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 23
‘Abd al-Salam al-Sulami’s (d. 660/1262) addressed the
various aspects of the maqasid especially in relationship to
‘illah (effective cause) and maslahah (public interest) in
greater detail;
Maqasid Al Sharia:
History in Brief
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 24
•Taqi al-Din ibn Taymiyyah (d. 728/1328) was probably the
first scholar to depart from the notion of confining the
maqasid to a specific number and added, to the existing list of
the maqasid, such things as fulfilment of contracts,
preservation of the ties of kinship, honouring the rights of
one’s neighbour, in so far as the affairs of this world are
concerned, and the love of Allah (SWT), sincerity, worthiness,
and moral purity, in relationship to the hereafter;
•Ibn Taymiyyah thus revised the scope of the maqasid from a
designated and specified list into an open-ended list of values,
and his approach is now generally accepted by contemporary
commentators, including Ahmad al-Raysuni, Yusuf al-
Qaradawi and others;
Maqasid Al Sharia:
History in Brief
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 25
• Qaradawi has further extended the list of the maqasid to
include social welfare and support (al-takaful), freedom,
human dignity and human fraternity, among the higher
objectives and maqasid of the Shari’ah;
•These are undoubtedly upheld by both the detailed and the
general weight of evidence in the Qur’an and the Sunnah;
Maqasid Al Sharia:
Identification Of Maqasid
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 26
•There are different approaches to the identification of the
maqasid. The textual approach confines the identification of
the maqasid to the clear text, commands and prohibitions;
•While the Zahiris tend to confine the maqasid to the obvious
text, the majority of jurists takes into consideration both the
text and the underlying ‘illah and rationale of the text;
•Induction (istiqra’)to Shatibi is one of the most important
methods of identifying the maqâsid of the Sharî’ah. Shatibi
affirmatively said that when observing and respecting the chief
component of the maqasid, the adherence to the obvious text
should not be so rigid as to alienate the rationale and purpose
of the text from its words and sentences.
Maqasid Al Sharia:
Identification Of Maqasid
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 27
•The typical classification of the maqâsid into the three
categories of essential (daruriyyat), complementary
(hajiyyat) and desirable (tahsiniyyat), which are aimed to
protect these, are in fact based on induction-as there is no
specific declaration on them in the textual sources;
•Shatibî stated that the benefits (masalih) are to be
understood in their broadest sense which is inclusive of all
benefits pertaining to this world and the hereafter, those of
the individual and the community, material, moral and
spiritual, and those which pertain to the present as well as
the interests of the future generations.
Maqasid Al Sharia:
Identification Of Maqasid
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 28
•This broad meaning of benefits also includes prevention and
elimination of harm. These benefits cannot always be verified
and ascertained by human reason alone without the aid and
guidance of divine revelation;
•Shatibi elaborated that the maqasid that are known from a
comprehensive reading of the text are of two types, primary
(asliyyah)and secondary (tab’iyyah). The former are the
essential maqasid or daruriyyat which the mukallaf must
observe and protect regardless of personal predilections,
whereas the supplementary maqasid or hajiyyat - are those
which leave the mukallaf with some flexibility and choice.
Charity in Islam
Significance of Charity in Islam
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 29
Charity is an integral part of a Muslim's worship as it is one of
the five pillars of Islam. The following are some verses from
the Qur'an that commands charity and exhort Muslims to give.
Charity in Islam
Significance of Charity in Islam
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 30
Charity in Islam
Significance of Charity in Islam
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 31
Charity in Islam
Significance of Charity in Islam
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 32
Charity in Islam
Significance of Charity in Islam
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 33
Charity in Islam
Significance of Charity in Islam
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 34
Charity in Islam
Significance of Charity in Islam
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 35
Charity in Islam
Significance of Charity in Islam
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 36
Charity in Islam
Significance of Charity in Islam
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 37
Charity in Islam
Significance of Charity in Islam
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 38
Charity in Islam
Giving in the Way of Allah (Infaq) is a
Defining Characteristic of Muslims
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 39
“You will not attain true goodness until you give of what you
love,” (Surah Al ‘Imran, 92)
It means being able to renounce one’s own interests when faced with
a choice between them and the values one upholds and the people
one loves and to make all kinds of material and other sacrifices for
their sake.
“Truly man was created headstrong – desperate when bad
things happen, begrudging when good things come.” (Surah
al-Ma‘arij, 19-21)
Allah (SWT) has revealed this excessive selfishness in the human
spirit in the Qur’an whereby in an adverse situation a person may be
able to renounce many things he values – in the name of protecting
his or her interests and preventing any harm from coming to him.
Charity in Islam
Giving in the Way of Allah (Infaq) is a
Defining Characteristic of Muslims
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 40
“It is the people who are safe-guarded from the avarice of their
own selves who are successful” (Surat at-Taghabun, 64). The deep
love and powerful fear of Allah (SWT) in the heart of a true believer
prevents him from being vanquished by his/her desires. Knowing that
the true purpose behind his existence in the life of this world is to
attain Allah’s approval, such a person seeks to spend every moment of
his life behaving in such a way that will be pleasing to Allah (SWT).
Self-sacrifice is a way of life that stems from strength of faith and
dominates a believer’s entire life. This spirit of altruism needs to be
present within a sensitivity of conscience to everything going on
around a person. “Would that there had been more people with a
vestige of good among the generations of those who came
before you, who forbade corruption in the Earth, other than the
few among them whom We saved. Those who did wrong gladly
pursued the life of luxury that they were given and were
evildoers” (Surah Hud, 116).
Charity in Islam
Giving in the Way of Allah (Infaq) is a
Defining Characteristic of Muslims
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 41
Allah (SWT) will recompense altruistic moral values with goodness
and beauty in this world and by eternal, incomparable blessings in
the next. In the Qur’an, Allah (SWT) imparts these glad tidings to
people who behave morally as described below:
”Those who do good will have the best and more! Neither
dust nor debasement will darken their faces. They are the
Companions of the Garden, remaining in it timelessly, for
ever”. (Surah Yunus, 26)
”So Allah gave them the reward of the world and the best
reward of the Hereafter. Allah loves good-doers.” (Surah Al
‘Imran, 148)
”... If anyone desires the reward of the world, We will give
him some of it. If anyone desires the reward of the Hereafter,
We will give him some of it. We will recompense the
thankful.” (Surah Al ‘Imran, 145)
Charity in Islam
Giving in the Way of Allah (Infaq) is a
Defining Characteristic of Muslims
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 42
The companions of the Prophet (SAW) who were ready to
unquestioningly give up their goods and lives in order to gain the
approval of Allah (SWT) exhibited great examples of self-sacrifice
throughout their lives. Since they possessed a sure and certain belief
in Allah and the Hereafter they never regarded giving in the way of
Allah (SWT) (infaq) as representing any kind of loss; on the contrary,
they saw it as an important opportunity to gain the love of and
closeness to Allah (SWT). As revealed by Allah in the verse:
“And how is it with you that you do not give in the way of
Allah,when the inheritance of the heavens and the Earth
belongs to Allah? Those of you who gave and fought before
the Victory are not the same as those who gave and fought
afterwards. They are higher in rank. But to each of them Allah
has promised the Best. Allah is aware of what you do.” (Surah
al-Hadid,10)
Charity in Islam
Giving in the Way of Allah (Infaq) is a
Defining Characteristic of Muslims
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 43
•The Prophet (SAW) was the most generous of people in auspicious
deeds.
•Ibn 'Abbas said the Prophet (SAW) was more generous even than the
wind blowing from the direction of good.
•He never said “I do not possess such” when asked for something and
never begrudged anything asked of him.
• Abu Zerr told me the following: “Son of my brother! I went to the
Prophet’s (SAW) side. Taking my hand, he said, ‘Abu Zerr! Even if I had
as much gold and silver as Mount Uhud I would wish to spend it in the
way of Allah (SWT), leaving not a farthing behind’.”
The superior moral values and generosity of the Prophet (SAW)
are revealed thus in the following hadith:
Charity in Islam
Giving in the Way of Allah (Infaq) is a
Defining Characteristic of Muslims
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 44
In one of his sermons, after giving thanks to Allah he [The Prophet
Muhammad (SAW)] said: “O People! Know that Allah (SWT) has
chosen Islam for you as your religion. Adorn your Islam with
generosity and pleasing moral values. I wish you to know that
generosity is a heavenly tree, with its roots in Paradise and its
branches in this world. Those of you who have generosity will adhere
to one of those branches, and that branch will carry him to Paradise.
As for parsimoniousness, that is a tree with its roots in Hell and its
branches in this world. Whoever clings to one of those branches by
being parsimonious, it will carry him to Hell.” Later the Prophet (SAW)
again said, “Be generous in the way of Allah (SWT).”
The Prophet (SAW), the finest role model for Muslims with his
superior moral values, encouraged the faithful to be generous in
these words during a sermon:
Types of Charity - Different types of
Charity and Islamic rulings
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 45
ISLAMIC CHARITY
SADAQAH
Money & Deeds
COMPULSORY/
FARD
Zakaat, Fitrah
VOLUNTARY
Lillah, Waqf, Sadaqah,
Sadaqah Jarriyah,
Qard Hasan
Types of Charity - Different types of
Charity and Islamic rulings
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 46
 Zakah
 Sadaqah
 Saqaqah Wajibah
 Sadaqah al-Fitr
 Sadaqah Nadhr
 Sadaqah Fidyah
 Sadaqah Kaffarah
 Sadaqah Udhiyyah,
Dam & Badanah
 Saqaqah Nafilah
 Sadaqah Lillah
 Sadaqah Waqf
 Sadaqah Aqiqah
 Sadaqah for
upliftment of
difficulties
 Sadaqah for the
expriation of sins
 Charity above Zakah
and Sadaqah Wajibah
 Other Types
 Sadaqah Jariyah
 Qarz Hasan
 Interest (Usury)
 Haram Income
Types of Charity - Different types of
Charity and Islamic rulings
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 47
Zakah
This is the compulsory alms-giving. Zakah is only eligible upon maturity
and compulsory upon sane men and women who have the Nisab
(threshold (usually around £80-100) of which wealth 2.5% must be
given. Zakah must only be given to the specific eight categories
mentioned in the Qur'an.
Sadaqah
This is a general term for all charities besides the compulsory, Zakah. All
acts of worship through financial expenditure are by broader definition
classified as Sadaqah. Due to there being many types they have been
divided into two categories both of which have separate rulings:
Sadaqah Wajibah and Sadaqah al-Fitr
Types of Charity - Different types of
Charity and Islamic rulings
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 48
Sadaqah Wajibah
This is charity which is binding in nature.This form of Sadaqah is similar
to Zakah in that it must be spent on the same categories as defined by
the Qur’an, except that it is not a condition for the beneficiary to be
Muslim. This includes Sadaqah al-Fitr, Sadaqah Nadhr, Sadaqah Fidyah,
Sadaqah Kaffarah, Sadaqah Udhiyyah, Dam and Badanah.
Sadaqah al-Fitr: This is a charity which is a duty upon every sane
Muslim, who possesses the value of Nisab beyond the basic necessities.
The amount that must be given is equal to 1.6 kg of wheat or 3.2 kg of
barley or equivalent. This does not mean that a person must distribute
wheat or barley, one may give its equivalent value.
Sadaqah al-Fitr is an emphasized Sunnah (which according to many is
the status of Wajib) which becomes due before `Eid Salah.
Types of Charity - Different types of
Charity and Islamic rulings
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 49
Sadaqah Nadhr:
This can be done if one wishes to express gratitude, and the action can
take on a number of forms, including Sadaqah. If a person makes such
an oath of giving charity, that then becomes Sadaqah Wajibah. If they
are unable to uphold the oath, they will have to give Kaffarah, and may
be sinful.
Sadaqah Fidyah:
This is compensation for missing Salah or Sawm for a person who cannot
perform them due to being in terminal illness or being deceased (in
which case it is given out of a third of the wealth) or in the event of a
person making a minor mistake in Hajj. The amount for each missed
Salah or Sawm, or each minor mistake in Hajj is to give 1.6kg of wheat
or its value (i.e. the same amount given for Sadaqah al-Fitr) to the poor.
Fidyah is generally Sadaqah Wajibah.
Types of Charity - Different types of
Charity and Islamic rulings
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 50
Sadaqah Kaffarah: This is major compensation and like Sadaqah
Fidyah it is also Sadaqah Wajibah. It applies in various situations
where Sadaqah Kaffarah would then be binding as the form of
redemption. Sadaqah kaffarah falls under two types:
The greater Sadaqah Kaffarah applies to:
•Intentionally breaking Sawm (fast);
•Breaking Zihar (To consider one’s wife as Haram for oneself by
comparing her to a Mahram - anyone too closely related to be
marriageable);
•Being the direct cause of someone’s death (this is coupled with the set
punishments).
For redemption of this, a person may free a slave (which is no longer
applicable) or fast for sixty consecutive days (If a person breaks a fast
intentionally they would need to fast for sixty consecutive days, unless
they can't fast due to poor health or old age, there are no exceptions
to this). Failing that one may feed sixty poor people for a day (i.e. two
meals a day, each meal is equivalent to a fidyah).
Types of Charity - Different types of
Charity and Islamic rulings
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 51
The lesser Sadaqah Kaffarah applies to:
•Breaking/violating Yamin (an oath);
•Breaking Ila’ (To take an oath on not having conjugal relationships with
one’s wife)
For redemption purposes, this a person may free a slave (which is no
longer applicable) or feed ten poor people for two meals in one day, or
give each one of them clothing. Failing this, he may fast for three
consecutive days.
Sadaqah Udhiyyah: This is also known as Qurbani or sacrifice. It is
Wajib upon all mature Muslims who, on the day of `Eid al-Azha, possess
Nisab. Whoever qualifies for this is required to purchase a sheep or goat
of more than one year in age, and slaughter that in the name of Allah
after the `Eid prayer preferably on the same day. The sacrifice can also
be done on the two days after Eid. If one fails to make the sacrifice in
these three days he will still have to donate the value of the animal (this
remains Wajib).
Types of Charity - Different types of
Charity and Islamic rulings
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 52
From the meat he may eat himself and feed his family and also
distribute meat amongst the poor Muslims.
Note: One may slaughter goats or sheep, which constitute one sacrifice
each, or one may slaughter a larger animal (i.e. cow or buffalo) which
will be counted as seven sacrifices each. In the event of living in a
wealthy country, it is better that one sacrifices one part locally to fulfil
the Sunnah of sacrificing oneself; and to arrange for the remaining
sacrifices to be performed in a poorer country, where the poor may also
partake of it.
Sadaqah Dam like Sadaqah Udhiyyah and is the sacrifice of a sheep or
goat. It can also be made a part (i.e. 1/7) of a larger sacrifice. Sadaqah
Dam is of two types as follows:
The first type is Sadaqah Dam ash-Shukr and is a religious requirement
on adult Muslims (like Sadaqah Udhiyyah) who are performing Hajj.
Types of Charity - Different types of
Charity and Islamic rulings
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 53
The second type of Sadaqah Dam is like Sadaqah fidyah and is a means
of compensation for mistakes in Hajj. The main difference is the
magnitude of the mistake. Sadaqah Fidyah is given in lieu of minor
mistakes while Sadaqah Dam is in lieu of major mistakes.
Sadaqah Badanah is similar to Sadaqah Dam. While Sadaqah Dam is
the sacrifice of a sheep or goat, Sadaqah Badanah is the sacrifice of a
large animal, i.e. a cow or camel. This is the largest penalty in Hajj.
Types of Charity - Different types of
Charity and Islamic rulings
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 54
Sadaqah Nafilah is optional and includes alms given for the removal of
difficulties, philanthropic (to give out of mercy to the less fortunate), the
general giving of any Halal item to any one etc. This type does not need
to be spent on the specified categories to be rewarding nor does it have
to be spent on Muslims, although if spent on poor Muslims it would be
more rewarding. This can also be bequeathed in one’s will (in which case
it would be only up to a third of the deceased person’s entire estate).
The following are types of Sadaqah Nafilah: Lillah, Waqf, Aqiqah,
Sadaqah for the upliftment of difficulties, Sadaqah for the expiration of
sins, Charity above the amount of Zakah and Sadaqah Wajibah.
Lillah: This is Sadaqah Nafilah but is a type that does not have the
condition of having to be passed into the possession of a person, as it can
be given to institutes (e.g. Masajid, hospitals, schools, orphanages, etc).
Types of Charity - Different types of
Charity and Islamic rulings
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 55
Waqf: Waqf can be created during one’s lifetime or bequeathed in one’s
will (up to the value of a third of one’s estate). When executed, the
donation becomes the property of Allah (and thus has specific rules
regarding it), and its beneficiaries are to remain those named as the
cause (e.g. the poor, orphans, students, the people of a certain locality,
etc.) The difference between this and Lillah is that with Waqf ownership
is not given to people or institutes but only the benefits are ascribed.
Like today’s trusts, Waqf also requires the care of trustees over it.
Aqiqah: This is the sacrifice of an animal or two as thanks to Allah for the
birth of a child. With this too can members of the locality be fed,
preference again is for the poor and close family members.
Types of Charity - Different types of
Charity and Islamic rulings
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 56
Sadaqah for removing of difficulties: This type of Sadaqah is Lillah.
At the time of donating, one should ask Allah to make easy one’s
deliverance. This can be understood from the Hadith:
“Sadaqah soothes the Lord’s anger and protects against a bad death.”
(al-Tirmidhi, al Bayhaqi)
Sadaqah for the expiration of sins: This type of Sadaqah is also Lillah.
At the time of donating, one should ask Allah to forgive one’s
shortcomings. This can be understood from the verse:
“Indeed good deeds take away bad deeds.” Qur’an, 11:114
Types of Charity - Different types of
Charity and Islamic rulings
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 57
Charity above the amount of Zakah and Sadaqah Wajibah:
This type of Sadaqah is the essence of Lillah. Although not categorized
as necessary, this type of charity, as long as from pure means and with
pure intentions, is always accepted by Allah. It is also this type that
Allah has described as a beautiful debt, as He treats this charity as a
loan which He will repay in the hereafter.
“Who is he that will loan to Allah a beautiful loan? For (Allah) will
increase it manifold to his credit, and he will have (besides) a liberal
reward. (Qur’an, al Hadid, 57:11)
Other Types
Sadaqah Jariyah: This Sadaqah is not a separate category but it is
really any Sadaqah Nafilah which is spent on a cause of long term benefit
(e.g. wells), and in essence is very similar to Waqf.
Types of Charity - Different types of
Charity and Islamic rulings
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 58
Qarz: This means an Islamic loan. Islamic here means that two things
must be upheld from the side of the creditor: the first that neither
interest can be charged nor any other benefit (advantage or gifts) be
taken in lieu of the loan; the second is that at no time can the creditor
show any signs of self-glory, or remind the debtor of the favour/help
given (this does not mean that he/she cannot ask for payment). This
type of loan may be given to either an individual or an institute, and if
the conditions are upheld, it is immensely rewarding for the creditor.
Qarz Hasan: This literally means to give a good loan. In the
language of the Qur'an this term is used for Sadaqah Nafilah. The
rewards of Qarz Hasan are thus exclusive to Sadaqah. Loans given to
Islamic institutes and then forgiven become this type of Sadaqah.
Presently, this term is often used to denote Qarz.
End of Module 1
© – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 59
If you have
any questions
on this
module,
please contact
your lecturer.

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Lesson 1 - Waqf Studies

  • 1. Module 1 Introduction to Waqf Studies WAQF STUDIES INTRODUCTORY COURSE
  • 2. Course Content •The Beginning: Brief Overview of Islam •What Islam is all about? •Islam: the complete Way of Life •Maqasid Al Sharia: The higher objectives of Al Shariah •Introduction •Classification Of Benefits •History In Brief •Identification Of Maqasid •Charity in Islam •Significance of Charity in Islam •Giving in the Way of Allah (Infaq) is a Defining Characteristic of Muslims •Types of Charity - Different types of Charity and Islamic rulings © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 2
  • 3. Learning Outcomes © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 3 1. Understand the basics of Islam; 2. Understand the background to Waqf; 3. Understand basics of Maqasid al- Shari`ah; 4. Understand the broad base of Islamic Charity and Gifting.
  • 4. The Beginning: Brief Overview of Islam © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 4 •The first revelation of the Holy Qur’an was in the year 610/611 in the city of Mekkah (cave of Hira); •The first word reveled to Prophet Muhammad (SAW) was “Iqra” as a command to read; •The ultimate mission of humankind according to the Qur’an is to “worship” Allah (SWT), the one and only Creator of all creation. Allah (SWT) says in the Qur’an “I have not created the jinn and men except for this that they should worship Me alone”. (Qur’an 51:56) •Worship means complete submission to Allah (SWT), his laws, rules, and regulations as the sole sovereign of all (mankind);
  • 5. The Beginning: Brief Overview of Islam © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 5 •The Qur’an was reveled over 23 years; •Through revelation, the Prophet (SAW) created various institutions for the transformation of society such as masjids, zakat, niqah, hajj, sadaqah, hisbah, etc. •One of the important institutions that was created upon the revelation of the Qur’an and the advice of the Prophet Muhammad (SAW), was the institution of Waqf; •Today Awqaf (plural of Waqf) institutions can be found in South Africa, Kuwait, Qatar, India, Saudi Arabia, Kenya, Mauritius, Malaysia, Indonesia, Morocco, Tunisia, Mali, the USA, UK, Australia, New Zealand, Europe, etc.
  • 6. What Islam is all about? © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 6
  • 7. What Islam is all about? © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 7 •The Sovereignty of Allah – “There is no god, but Allah”. Muslims serve none, but Allah (SWT); •Knowledge – Iqra, is a Singular IMPERATIVE Verb, meaning the acquisition of knowledge which is obligatory on each and every human being, especially on Muslims. The Prophet Muhammad (SAW) said “Seek knowledge from the cradle to the grave and even if it takes you to China”, meaning that Islam advocates “continuous learning and from all walks of life”; •Universal Principles –Principles are part of the human condition, consciousness and conscience. Allah (SWT) commands us to establish Justice and exhorts us to do good, for indeed Allah loves the doers of good;
  • 8. What Islam is all about? © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 8 Freedom –Freedom of thought, expression and fundamental human rights are ensured and guaranteed. Islam frees humanity from all types of enslavement and superstition; People – People are at the heart of the Islamic Ideology and Muslims will only achieve their promised results on earth and the hereafter if it is properly channeled through its people; Power – Muslims will not realize the full potential Islam on an ad hoc and individual basis. Muslims need the requisite power to implement all of the above through the institution of “Khalifatullah fil ard”, Government on earth.
  • 9. What Islam is all about? © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 9
  • 10. Islam: the complete Way of Life © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 10 Hudhaifah (RA) narrated that Allah (SWT)’s Messenger (SAW) said to us, “Honesty descended from the Heavens and settled in the roots of the hearts of men (faithful believers), and then the Qur’an was revealed and the people read the Qur’an, (and learned from it) and also learned it from the Sunnah. Both Qur’an and the Sunnah strengthened their (the faithful believers’) honesty.” (Bukhari 9/381)
  • 11. Islam: the complete Way of Life © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 11 Muslims believe that: •Islam is the ultimate and complete way of life for mankind; •Islamic teachings are full of truth, wisdom and virtues; and taken altogether they are a perfect guide to mankind of all ages, generations, races and social strata; •Allah (SWT) sent down the Qur’an to His Messenger as a guide to mankind (Qur’an 2:185). It is a complete divine guidance, with nothing omitted from it (Qur’an 6:38). It is a confirmation of (revelations) that went before it, and a fuller explanation of the Book wherein there is no doubt from the Creator of the Worlds (Qur’an 10:37). •Allah (SWT) assuredly guards it (from corruption). (Qur’an 15:9) It is verily a Message for the God-fearing, a Truth of assured certainty (Qur’an 69:43-52).
  • 12. Islam: the complete Way of Life © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 12 The following further explains in detail of the guidance of the Qur’an to mankind. Allah (SWT), the Most High says: [...Nothing have We omitted from the Book and they [all] shall be gathered to their Rabb in the end.] (Qur’an 6: 38) […He it is Who has sent unto you the Book, explained in detail. They know full well, to whom We have given the Book, that it has been sent down from your Rabb in Truth. Never be then of those who doubt.] (Qur’an 6: 114)
  • 13. Islam: the complete Way of Life © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 13 [For We had certainly sent unto them a Book based on knowledge, which we explained in detail - a Guide and a Mercy to all who believe.] (Qur’an 7: 52) […[This Qur’an is] a Book with Verses basic or fundamental [of established meaning] further explained in detail from One Who is All-Wise and Well-Acquainted [with all things].] (Qur’an 11: 1) The Qur’an guides us to believe and obey Prophet Muhammad (SAW). Our Creator emphasizes: [Indeed, in the Messenger of Allah [Muhammad] you have an excellent example to follow for him who hopes in [meeting with] Allah and the Last Day, and remembers Allah much.] (Qur’an 33: 21)
  • 14. Islam: the complete Way of Life © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 14 “And if you have a dispute concerning any matter, refer it to Allah and His Messenger.’” (Qur’an 3:31) “And verily, this is my Straight Path so follow it, and follow not other paths, for they will separate you away from His Path. This He has ordained for you that you may become pious.” (Qur’an 6:153) [...This day I have perfected your religion for you, completed my favor upon you, and have chosen for you Islam as your religion…] (Qur’an 5: 3)
  • 15. Maqasid Al Sharia: The higher objectives of Al Shariah © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 15 •Shari`ah is focused on the benefits of the individual and of the community, the promotion of cooperation and mutual support within the family and the society at large. Justice itself is a manifestation of Allah (God)’s mercy and is an objective of the Shari’ah; • Maqasid al-Shari`ah deals with the goals and objectives of the Islamic Shari’ah law. It outlines the objectives and wisdom (hikmah) as prescribed by Shari’ah in all its rulings to protect and preserve the benefits and interests (maslahah) of society. The masalih (pl. of maslahah) is another name for maqasid; •The two uppermost objectives of Maqasid al-Shari`ah are compassion (rahmah) and guidance (huda) which are the ingredients to establish justice, eliminate prejudice, and alleviate hardship;
  • 16. Maqasid Al Sharia: Classification Of Benefits © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 16 Maqasid al-Shari`ah can be categorized into descending order of importance, beginning with the essential (masâlih /daruriyyat), followed by the complementary needs (hajiyyat), and then the embellishment (tahsiniyyat).
  • 17. Maqasid Al Sharia: Classification of Benefits © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 17 • The essentials (masālih /daruriyyat) are particulars that are required and considered as vital for the founding of wellbeing in this world and the Hereafter. If society in some way neglects them, the outcome will be anarchy together with disorder of the functionality of the society which will result in total collapse; The essential masālih/ daruriyyat are further divided into five: (i) Preservation of faith/religion (Din); (ii) Preservation of the life; (iii) Preservation of lineage / descendents / procreation (lineage); (iv) Preservation of property (Mal); and (v) Preservation of intellect/reason (‘Aql); •The Shari’ah seeks to protect and promote these values and validates measures for their preservation and advancement.
  • 18. Maqasid Al Sharia: Classification of Benefits © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 18 •The needs (hajiyyat) serve as complementary to the essentials. It consists of what is needed by the community for the achievement of its interest and the proper functioning of its affairs. If it is neglected, the social order will not actually collapse but will not function well. Likewise, it is not on the level of what is indispensable (daruriyyat). •For example: A great deal of the concessions (rukhas)such as the shortening of salah, and opening of the fast for the sick and the traveler are aimed at preventing hardship, but they are not essential since people can live without them if they had to. In almost all areas of obligatory ‘ibadat the Shari’ah has granted such concessions. A needs maslahah can be elevated to the rank of the essential maslahah when it concerns the public at large.
  • 19. Maqasid Al Sharia: Classification of Benefits © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 19 •The embellishments (tahsiniyyat) relate to matters which bestow enhancement in the society and a guide to improved life. This class is of the nature of desirability as they seek to attain refinement and perfection in the customs and conduct of people at all levels of achievement. •The admirable illustrations are Shari’ah’s guidelines as clean body and attire for purpose of prayer, offering charity and avoiding lavishness, recommendation of supererogatory prayers (‘ibadat), the wearing of perfume when attending the congregational Friday prayer, discouragement of the consumption of raw garlic on that occasion.
  • 20. Maqasid Al Sharia: Classification of Benefits © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 20 •Embellishments (tahsiniyyat) advocates customary matters and relations among people such as gentleness (rifq), pleasant speech and manner (husn al-khulq)and fair dealing (ihsan) which is encouraged by the Shari’ah; •The rationale of all these are the accomplishment of integrity and perfection in entire fields of a person’s behavior. However, without these values the society will still be able to function and normal life process will not be interrupted. The illustrations of these matters are: voluntary (sadaqah), and ethical and moral rules, and others.
  • 21. Maqasid Al Sharia: History in Brief © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 21 •The history of maqasid al-Shari’ah will show that there were differences of orientation among the leading madhahib toward the maqasid al-Shari’ah . Some were more open to it than others, but elaboration into the goals and objectives of the Shari’ah was generally not encouraged; •It was not until the early fourth century that the term ‘maqâsid’ was used in the juristic writings of Abû ‘Abd Allâh al-Tirmidhi al-Hakim (d. 320/932) and recurrent references to it appeared in the works of lmâm al-Haramayn al-Juwayni (d. 478/1085) who was probably the first to classify the maqâsid al-Shari’ah into the three categories of essential (daruriyyat), complementary ((hajiyyat), ) and desirable ((tahsiniyyat).) which has gained general acceptance ever since;
  • 22. Maqasid Al Sharia: History in Brief © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 22 •Significant developments on maqasid al-Shari’ah took place during the times of al- Ghazali (d. 505/1111) and al-Shatibi (d. 790/1388) when Maqasid al-Shari’ah was formalized; •Juwayni’s ideas were then developed further by his pupil, Abû Hamid al-Ghazali who wrote at length on public interest (maslahah)and ratiocination (ta’lil)in his works, Shifa’ al-Ghaiîl and al-Mustasfa. Ghazali was generally critical of maslahah as a proof but validated it if it promoted the maqasid of the Shari’ah. As for the maqasid themselves, Ghazali wrote categorically that the Shari’ah pursued five objectives, namely those of faith, life, intellect, lineage and property which were to be protected as a matter of absolute priority;
  • 23. Maqasid Al Sharia: History in Brief © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 23 ‘Abd al-Salam al-Sulami’s (d. 660/1262) addressed the various aspects of the maqasid especially in relationship to ‘illah (effective cause) and maslahah (public interest) in greater detail;
  • 24. Maqasid Al Sharia: History in Brief © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 24 •Taqi al-Din ibn Taymiyyah (d. 728/1328) was probably the first scholar to depart from the notion of confining the maqasid to a specific number and added, to the existing list of the maqasid, such things as fulfilment of contracts, preservation of the ties of kinship, honouring the rights of one’s neighbour, in so far as the affairs of this world are concerned, and the love of Allah (SWT), sincerity, worthiness, and moral purity, in relationship to the hereafter; •Ibn Taymiyyah thus revised the scope of the maqasid from a designated and specified list into an open-ended list of values, and his approach is now generally accepted by contemporary commentators, including Ahmad al-Raysuni, Yusuf al- Qaradawi and others;
  • 25. Maqasid Al Sharia: History in Brief © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 25 • Qaradawi has further extended the list of the maqasid to include social welfare and support (al-takaful), freedom, human dignity and human fraternity, among the higher objectives and maqasid of the Shari’ah; •These are undoubtedly upheld by both the detailed and the general weight of evidence in the Qur’an and the Sunnah;
  • 26. Maqasid Al Sharia: Identification Of Maqasid © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 26 •There are different approaches to the identification of the maqasid. The textual approach confines the identification of the maqasid to the clear text, commands and prohibitions; •While the Zahiris tend to confine the maqasid to the obvious text, the majority of jurists takes into consideration both the text and the underlying ‘illah and rationale of the text; •Induction (istiqra’)to Shatibi is one of the most important methods of identifying the maqâsid of the Sharî’ah. Shatibi affirmatively said that when observing and respecting the chief component of the maqasid, the adherence to the obvious text should not be so rigid as to alienate the rationale and purpose of the text from its words and sentences.
  • 27. Maqasid Al Sharia: Identification Of Maqasid © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 27 •The typical classification of the maqâsid into the three categories of essential (daruriyyat), complementary (hajiyyat) and desirable (tahsiniyyat), which are aimed to protect these, are in fact based on induction-as there is no specific declaration on them in the textual sources; •Shatibî stated that the benefits (masalih) are to be understood in their broadest sense which is inclusive of all benefits pertaining to this world and the hereafter, those of the individual and the community, material, moral and spiritual, and those which pertain to the present as well as the interests of the future generations.
  • 28. Maqasid Al Sharia: Identification Of Maqasid © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 28 •This broad meaning of benefits also includes prevention and elimination of harm. These benefits cannot always be verified and ascertained by human reason alone without the aid and guidance of divine revelation; •Shatibi elaborated that the maqasid that are known from a comprehensive reading of the text are of two types, primary (asliyyah)and secondary (tab’iyyah). The former are the essential maqasid or daruriyyat which the mukallaf must observe and protect regardless of personal predilections, whereas the supplementary maqasid or hajiyyat - are those which leave the mukallaf with some flexibility and choice.
  • 29. Charity in Islam Significance of Charity in Islam © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 29 Charity is an integral part of a Muslim's worship as it is one of the five pillars of Islam. The following are some verses from the Qur'an that commands charity and exhort Muslims to give.
  • 30. Charity in Islam Significance of Charity in Islam © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 30
  • 31. Charity in Islam Significance of Charity in Islam © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 31
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  • 33. Charity in Islam Significance of Charity in Islam © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 33
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  • 35. Charity in Islam Significance of Charity in Islam © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 35
  • 36. Charity in Islam Significance of Charity in Islam © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 36
  • 37. Charity in Islam Significance of Charity in Islam © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 37
  • 38. Charity in Islam Significance of Charity in Islam © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 38
  • 39. Charity in Islam Giving in the Way of Allah (Infaq) is a Defining Characteristic of Muslims © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 39 “You will not attain true goodness until you give of what you love,” (Surah Al ‘Imran, 92) It means being able to renounce one’s own interests when faced with a choice between them and the values one upholds and the people one loves and to make all kinds of material and other sacrifices for their sake. “Truly man was created headstrong – desperate when bad things happen, begrudging when good things come.” (Surah al-Ma‘arij, 19-21) Allah (SWT) has revealed this excessive selfishness in the human spirit in the Qur’an whereby in an adverse situation a person may be able to renounce many things he values – in the name of protecting his or her interests and preventing any harm from coming to him.
  • 40. Charity in Islam Giving in the Way of Allah (Infaq) is a Defining Characteristic of Muslims © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 40 “It is the people who are safe-guarded from the avarice of their own selves who are successful” (Surat at-Taghabun, 64). The deep love and powerful fear of Allah (SWT) in the heart of a true believer prevents him from being vanquished by his/her desires. Knowing that the true purpose behind his existence in the life of this world is to attain Allah’s approval, such a person seeks to spend every moment of his life behaving in such a way that will be pleasing to Allah (SWT). Self-sacrifice is a way of life that stems from strength of faith and dominates a believer’s entire life. This spirit of altruism needs to be present within a sensitivity of conscience to everything going on around a person. “Would that there had been more people with a vestige of good among the generations of those who came before you, who forbade corruption in the Earth, other than the few among them whom We saved. Those who did wrong gladly pursued the life of luxury that they were given and were evildoers” (Surah Hud, 116).
  • 41. Charity in Islam Giving in the Way of Allah (Infaq) is a Defining Characteristic of Muslims © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 41 Allah (SWT) will recompense altruistic moral values with goodness and beauty in this world and by eternal, incomparable blessings in the next. In the Qur’an, Allah (SWT) imparts these glad tidings to people who behave morally as described below: ”Those who do good will have the best and more! Neither dust nor debasement will darken their faces. They are the Companions of the Garden, remaining in it timelessly, for ever”. (Surah Yunus, 26) ”So Allah gave them the reward of the world and the best reward of the Hereafter. Allah loves good-doers.” (Surah Al ‘Imran, 148) ”... If anyone desires the reward of the world, We will give him some of it. If anyone desires the reward of the Hereafter, We will give him some of it. We will recompense the thankful.” (Surah Al ‘Imran, 145)
  • 42. Charity in Islam Giving in the Way of Allah (Infaq) is a Defining Characteristic of Muslims © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 42 The companions of the Prophet (SAW) who were ready to unquestioningly give up their goods and lives in order to gain the approval of Allah (SWT) exhibited great examples of self-sacrifice throughout their lives. Since they possessed a sure and certain belief in Allah and the Hereafter they never regarded giving in the way of Allah (SWT) (infaq) as representing any kind of loss; on the contrary, they saw it as an important opportunity to gain the love of and closeness to Allah (SWT). As revealed by Allah in the verse: “And how is it with you that you do not give in the way of Allah,when the inheritance of the heavens and the Earth belongs to Allah? Those of you who gave and fought before the Victory are not the same as those who gave and fought afterwards. They are higher in rank. But to each of them Allah has promised the Best. Allah is aware of what you do.” (Surah al-Hadid,10)
  • 43. Charity in Islam Giving in the Way of Allah (Infaq) is a Defining Characteristic of Muslims © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 43 •The Prophet (SAW) was the most generous of people in auspicious deeds. •Ibn 'Abbas said the Prophet (SAW) was more generous even than the wind blowing from the direction of good. •He never said “I do not possess such” when asked for something and never begrudged anything asked of him. • Abu Zerr told me the following: “Son of my brother! I went to the Prophet’s (SAW) side. Taking my hand, he said, ‘Abu Zerr! Even if I had as much gold and silver as Mount Uhud I would wish to spend it in the way of Allah (SWT), leaving not a farthing behind’.” The superior moral values and generosity of the Prophet (SAW) are revealed thus in the following hadith:
  • 44. Charity in Islam Giving in the Way of Allah (Infaq) is a Defining Characteristic of Muslims © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 44 In one of his sermons, after giving thanks to Allah he [The Prophet Muhammad (SAW)] said: “O People! Know that Allah (SWT) has chosen Islam for you as your religion. Adorn your Islam with generosity and pleasing moral values. I wish you to know that generosity is a heavenly tree, with its roots in Paradise and its branches in this world. Those of you who have generosity will adhere to one of those branches, and that branch will carry him to Paradise. As for parsimoniousness, that is a tree with its roots in Hell and its branches in this world. Whoever clings to one of those branches by being parsimonious, it will carry him to Hell.” Later the Prophet (SAW) again said, “Be generous in the way of Allah (SWT).” The Prophet (SAW), the finest role model for Muslims with his superior moral values, encouraged the faithful to be generous in these words during a sermon:
  • 45. Types of Charity - Different types of Charity and Islamic rulings © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 45 ISLAMIC CHARITY SADAQAH Money & Deeds COMPULSORY/ FARD Zakaat, Fitrah VOLUNTARY Lillah, Waqf, Sadaqah, Sadaqah Jarriyah, Qard Hasan
  • 46. Types of Charity - Different types of Charity and Islamic rulings © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 46  Zakah  Sadaqah  Saqaqah Wajibah  Sadaqah al-Fitr  Sadaqah Nadhr  Sadaqah Fidyah  Sadaqah Kaffarah  Sadaqah Udhiyyah, Dam & Badanah  Saqaqah Nafilah  Sadaqah Lillah  Sadaqah Waqf  Sadaqah Aqiqah  Sadaqah for upliftment of difficulties  Sadaqah for the expriation of sins  Charity above Zakah and Sadaqah Wajibah  Other Types  Sadaqah Jariyah  Qarz Hasan  Interest (Usury)  Haram Income
  • 47. Types of Charity - Different types of Charity and Islamic rulings © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 47 Zakah This is the compulsory alms-giving. Zakah is only eligible upon maturity and compulsory upon sane men and women who have the Nisab (threshold (usually around £80-100) of which wealth 2.5% must be given. Zakah must only be given to the specific eight categories mentioned in the Qur'an. Sadaqah This is a general term for all charities besides the compulsory, Zakah. All acts of worship through financial expenditure are by broader definition classified as Sadaqah. Due to there being many types they have been divided into two categories both of which have separate rulings: Sadaqah Wajibah and Sadaqah al-Fitr
  • 48. Types of Charity - Different types of Charity and Islamic rulings © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 48 Sadaqah Wajibah This is charity which is binding in nature.This form of Sadaqah is similar to Zakah in that it must be spent on the same categories as defined by the Qur’an, except that it is not a condition for the beneficiary to be Muslim. This includes Sadaqah al-Fitr, Sadaqah Nadhr, Sadaqah Fidyah, Sadaqah Kaffarah, Sadaqah Udhiyyah, Dam and Badanah. Sadaqah al-Fitr: This is a charity which is a duty upon every sane Muslim, who possesses the value of Nisab beyond the basic necessities. The amount that must be given is equal to 1.6 kg of wheat or 3.2 kg of barley or equivalent. This does not mean that a person must distribute wheat or barley, one may give its equivalent value. Sadaqah al-Fitr is an emphasized Sunnah (which according to many is the status of Wajib) which becomes due before `Eid Salah.
  • 49. Types of Charity - Different types of Charity and Islamic rulings © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 49 Sadaqah Nadhr: This can be done if one wishes to express gratitude, and the action can take on a number of forms, including Sadaqah. If a person makes such an oath of giving charity, that then becomes Sadaqah Wajibah. If they are unable to uphold the oath, they will have to give Kaffarah, and may be sinful. Sadaqah Fidyah: This is compensation for missing Salah or Sawm for a person who cannot perform them due to being in terminal illness or being deceased (in which case it is given out of a third of the wealth) or in the event of a person making a minor mistake in Hajj. The amount for each missed Salah or Sawm, or each minor mistake in Hajj is to give 1.6kg of wheat or its value (i.e. the same amount given for Sadaqah al-Fitr) to the poor. Fidyah is generally Sadaqah Wajibah.
  • 50. Types of Charity - Different types of Charity and Islamic rulings © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 50 Sadaqah Kaffarah: This is major compensation and like Sadaqah Fidyah it is also Sadaqah Wajibah. It applies in various situations where Sadaqah Kaffarah would then be binding as the form of redemption. Sadaqah kaffarah falls under two types: The greater Sadaqah Kaffarah applies to: •Intentionally breaking Sawm (fast); •Breaking Zihar (To consider one’s wife as Haram for oneself by comparing her to a Mahram - anyone too closely related to be marriageable); •Being the direct cause of someone’s death (this is coupled with the set punishments). For redemption of this, a person may free a slave (which is no longer applicable) or fast for sixty consecutive days (If a person breaks a fast intentionally they would need to fast for sixty consecutive days, unless they can't fast due to poor health or old age, there are no exceptions to this). Failing that one may feed sixty poor people for a day (i.e. two meals a day, each meal is equivalent to a fidyah).
  • 51. Types of Charity - Different types of Charity and Islamic rulings © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 51 The lesser Sadaqah Kaffarah applies to: •Breaking/violating Yamin (an oath); •Breaking Ila’ (To take an oath on not having conjugal relationships with one’s wife) For redemption purposes, this a person may free a slave (which is no longer applicable) or feed ten poor people for two meals in one day, or give each one of them clothing. Failing this, he may fast for three consecutive days. Sadaqah Udhiyyah: This is also known as Qurbani or sacrifice. It is Wajib upon all mature Muslims who, on the day of `Eid al-Azha, possess Nisab. Whoever qualifies for this is required to purchase a sheep or goat of more than one year in age, and slaughter that in the name of Allah after the `Eid prayer preferably on the same day. The sacrifice can also be done on the two days after Eid. If one fails to make the sacrifice in these three days he will still have to donate the value of the animal (this remains Wajib).
  • 52. Types of Charity - Different types of Charity and Islamic rulings © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 52 From the meat he may eat himself and feed his family and also distribute meat amongst the poor Muslims. Note: One may slaughter goats or sheep, which constitute one sacrifice each, or one may slaughter a larger animal (i.e. cow or buffalo) which will be counted as seven sacrifices each. In the event of living in a wealthy country, it is better that one sacrifices one part locally to fulfil the Sunnah of sacrificing oneself; and to arrange for the remaining sacrifices to be performed in a poorer country, where the poor may also partake of it. Sadaqah Dam like Sadaqah Udhiyyah and is the sacrifice of a sheep or goat. It can also be made a part (i.e. 1/7) of a larger sacrifice. Sadaqah Dam is of two types as follows: The first type is Sadaqah Dam ash-Shukr and is a religious requirement on adult Muslims (like Sadaqah Udhiyyah) who are performing Hajj.
  • 53. Types of Charity - Different types of Charity and Islamic rulings © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 53 The second type of Sadaqah Dam is like Sadaqah fidyah and is a means of compensation for mistakes in Hajj. The main difference is the magnitude of the mistake. Sadaqah Fidyah is given in lieu of minor mistakes while Sadaqah Dam is in lieu of major mistakes. Sadaqah Badanah is similar to Sadaqah Dam. While Sadaqah Dam is the sacrifice of a sheep or goat, Sadaqah Badanah is the sacrifice of a large animal, i.e. a cow or camel. This is the largest penalty in Hajj.
  • 54. Types of Charity - Different types of Charity and Islamic rulings © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 54 Sadaqah Nafilah is optional and includes alms given for the removal of difficulties, philanthropic (to give out of mercy to the less fortunate), the general giving of any Halal item to any one etc. This type does not need to be spent on the specified categories to be rewarding nor does it have to be spent on Muslims, although if spent on poor Muslims it would be more rewarding. This can also be bequeathed in one’s will (in which case it would be only up to a third of the deceased person’s entire estate). The following are types of Sadaqah Nafilah: Lillah, Waqf, Aqiqah, Sadaqah for the upliftment of difficulties, Sadaqah for the expiration of sins, Charity above the amount of Zakah and Sadaqah Wajibah. Lillah: This is Sadaqah Nafilah but is a type that does not have the condition of having to be passed into the possession of a person, as it can be given to institutes (e.g. Masajid, hospitals, schools, orphanages, etc).
  • 55. Types of Charity - Different types of Charity and Islamic rulings © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 55 Waqf: Waqf can be created during one’s lifetime or bequeathed in one’s will (up to the value of a third of one’s estate). When executed, the donation becomes the property of Allah (and thus has specific rules regarding it), and its beneficiaries are to remain those named as the cause (e.g. the poor, orphans, students, the people of a certain locality, etc.) The difference between this and Lillah is that with Waqf ownership is not given to people or institutes but only the benefits are ascribed. Like today’s trusts, Waqf also requires the care of trustees over it. Aqiqah: This is the sacrifice of an animal or two as thanks to Allah for the birth of a child. With this too can members of the locality be fed, preference again is for the poor and close family members.
  • 56. Types of Charity - Different types of Charity and Islamic rulings © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 56 Sadaqah for removing of difficulties: This type of Sadaqah is Lillah. At the time of donating, one should ask Allah to make easy one’s deliverance. This can be understood from the Hadith: “Sadaqah soothes the Lord’s anger and protects against a bad death.” (al-Tirmidhi, al Bayhaqi) Sadaqah for the expiration of sins: This type of Sadaqah is also Lillah. At the time of donating, one should ask Allah to forgive one’s shortcomings. This can be understood from the verse: “Indeed good deeds take away bad deeds.” Qur’an, 11:114
  • 57. Types of Charity - Different types of Charity and Islamic rulings © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 57 Charity above the amount of Zakah and Sadaqah Wajibah: This type of Sadaqah is the essence of Lillah. Although not categorized as necessary, this type of charity, as long as from pure means and with pure intentions, is always accepted by Allah. It is also this type that Allah has described as a beautiful debt, as He treats this charity as a loan which He will repay in the hereafter. “Who is he that will loan to Allah a beautiful loan? For (Allah) will increase it manifold to his credit, and he will have (besides) a liberal reward. (Qur’an, al Hadid, 57:11) Other Types Sadaqah Jariyah: This Sadaqah is not a separate category but it is really any Sadaqah Nafilah which is spent on a cause of long term benefit (e.g. wells), and in essence is very similar to Waqf.
  • 58. Types of Charity - Different types of Charity and Islamic rulings © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 58 Qarz: This means an Islamic loan. Islamic here means that two things must be upheld from the side of the creditor: the first that neither interest can be charged nor any other benefit (advantage or gifts) be taken in lieu of the loan; the second is that at no time can the creditor show any signs of self-glory, or remind the debtor of the favour/help given (this does not mean that he/she cannot ask for payment). This type of loan may be given to either an individual or an institute, and if the conditions are upheld, it is immensely rewarding for the creditor. Qarz Hasan: This literally means to give a good loan. In the language of the Qur'an this term is used for Sadaqah Nafilah. The rewards of Qarz Hasan are thus exclusive to Sadaqah. Loans given to Islamic institutes and then forgiven become this type of Sadaqah. Presently, this term is often used to denote Qarz.
  • 59. End of Module 1 © – AWQAF SA WAQF STUDIES INTRODUCTORY COURSE Slide 59 If you have any questions on this module, please contact your lecturer.