IMPERATIVES FOR SUSTAINABILITY OF WAQF THROUGH PARTICIPATION OF NON-MUSLIMS IN THE MODERN WORLD

Abstract

There is a general belief in many quarters that Islamic schemes are only for Muslims. While this is true strictly in religious rites, it is not so in social and commercial affairs. Within the scope of Islamic law, waqf can be situated within social/contractual matters popularly called (Muʿāmalah). This, on the surface, makes its rules flexible unlike religious rites whose rules are not so flexible in its fundamentals. Again, waqf is also a religious undertaking by which the pleasure of Allāh is sought. It is confusing if non-Muslims can get involved in waqf. As an instrument of poverty alleviation, Waqf is not just concerned about the poor conditions of Muslims but also provides succor to non-Muslims as well. Accordingly, this paper exposes participation of non-Muslims in Waqf as an imperative for waqf sustainability. Through this study, waqf stakeholders across jurisdictions would be better informed and get guided on the way and manner non-Muslims can be involved in Waqf affairs and therefore assist in the sustainability drives for waqf across jurisdictions. The paper adopts the doctrinal research methodology. The study found that participation of non-Muslims in Waqf enjoys no uniform rulings among the Schools of Sharīʿah. This study is unable to undertake a case study of specific jurisdictions with regards to participation of non-Muslims in their waqf activities and this is its limitation.  Following the exposition made in this study, each jurisdiction would now be better concerned about the impacts which its position would have on the sustainability of waqf with regards to the involvement of non-Muslims in the sector.