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Q: What is a Waqf?

A: A Waqf (plural: Awqaf) is a transfer, mostly permanent, irrevocable, of a portion of one’s movable or immovable assets or wealth to Allah for His pleasure that is assigned for servicing the community. The asset   thus becomes Allah’s property forever. The person who makes a Waqf is called a Waqif (m) Waqifah (f).

 

Q: What is the minimum amount of the Waqf?

A: There is no minimum or maximum. A Waqif/ah is free to make a Waqf with any amount.  The value in cash or kind could be a cent, R1, R100, R1million or more.

 

Q: Apart from cash, what other ways can I make  a Waqf?

A: You can make a Waqf with any possession. It could be jewelry, a house, real estate, gold coins, shares in a  business, equipment, machinery, furniture, or any other personal possession. Things that cannot be used for the objective of the Waqf will be sold and revenue-generating property will be purchased. Its revenue will then be spent on the objective of the Waqf.

 

Q: Is the Waqf capital utilised for expenses?

A: No. The Waqf capital may be utilised only for capital investments to  generate services or income for the beneficiaries. For example investments in social/religious assets such as  masjid, madressa, a student hostel, a factory, a water well, etc. or investments in economic assets such as  in a block of flats, shopping center, houses, or a business.

 

Q: What can the income or Waqf revenue be used for?

A: Since the Waqf capital may not be used for expenses, the Waqf revenue may be used for any purpose allowed by shari’ah. For example:  maintenance of masjid and madressah, imam/asatizah/staff salaries, job creation, skills’ training, low cost housing, helping small business through loans/grants, animal care, teacher subsidies, scholarships and bursaries,  taking care of street children, provision of health care, youth programmes, dawah, or  anything that the community needs.

 

Q: Who can be the beneficiaries of a Waqf?

A: The beneficiaries of a Waqf may be any person, Muslim or non-Muslim, including the Waqif/ah’s own children and descendents, poor or rich,  any creatures of Allah (plants, animals, the environment), or any cause in the way of Allah.

 

Q: Who decides on who should be the beneficiary or beneficiaries?

A: The Waqif/ah  decides (designated Waqf) or whoever the Waqif/ah has  authorised to decide (discretionary Waqf) eg the Council of Mutawallees.

 

Q: What is a Waqf mutawallee?

A: The Waqf mutawallee is the person, male or female, that the Waqif/ah appoints as a trustee to carry out his/her wishes and to act as custodian over the Waqf that s/he made.  An institution may also be appointed as mutawallee. The mutawalle must be reputed of honesty, legal aptitude and experience.

 

Q: Does the Waqf ever come to an end?

A: No. The Waqf is perpetual, as long as there are assets in the Waqf.

 

Q: Who can make a Waqf?

A: Any owner of legal competence and aptitude may make a Waqf.

 

Q: I want to make a Waqf. How must I make it?

A:  Make a niyyah, decide what you want to give, and how you want to give from the following six options to make a Waqf through Awqaf SA, then make a legal transfer/authorization of it to Awqaf SA:

 

  • 1% per month: Regular monthly Waqf of a small portion of your income by debit order;
  • 1% once-off: a once-off payment by debit order
  • Lump Sum:  Small or large, Regular or occasional direct deposits by yourself;
  • Al Wasiyyah: You can make a Waqf of up to 1/3 of your estate through your will. Make sure that you include AWQAF SA, amongst others,  for a portion of your Waqf;
  • Al Tijarah: a percentage of your business/professional  profits or turnover.
  • Al Maal:  A portion of your wealth in the form of goods, property, real estate, share investments, gold coins, jewelry.

 

Q: Can I make monthly payments?

A: Yes. You may sign a stop order, a debit order, or you may make monthly EFT/internet  transfers, or make the payment by cheque/direct deposit. 

 

Q: How will I know what is going on in my Waqf?

A: Once you make a  Waqf through AWQAF SA you are entitled to all reports and are eligible to attend the Annual General Meeting, and you are also eligible to join structures of the organisation as a volunteer or by nomination and/or election.

 

Q:  Where can I get help or find out more about Waqf or AWQAF SA?

A: You may contact our office by fax, phone, or email info@awqafsa.org.za  and we will refer you to a  AWQAF SA representative nearest  to you. He/she will help you with all forms and documents. You may also obtain all relevant information on our website www.awqafsa.org.za

 

Q:  What are the differences between Zakah, Lillah, and Waqf?

A: The following table sets out the differences.

 

 

Zakah

Lillah

Waqf

Description

Zakah is a compulsory due that has to be paid by every Muslim who has  an excess over a certain minimum amount (nisaab) of wealth calculated in terms of a formula.

Lillah  (for Allah) comprises any form of charity given in the cause of Allah on a pure voluntary basis. This charitable giving is over and above the Zakaat that one is liable for. For example, many of our charitable organizations collect lillah for relief aid, and masjid and madressah running costs. These contributions are made  through the goodwill of Muslims who give solely for the pleasure of Allah.

Waqf is a an off shoot of Lillah. In this regard it is a permanent transfer of a portion of one’s wealth or assets, no matter how small or large,  for the sole pleasure of Allah on a pure voluntary basis. The asset or wealth is usually in the form money, a building, jewellery, or a bequest through ones will. Collectively, such funds are invested to purchase and own  a social or economic asset. A social asset could be a school, madressah, clinic. An economic asset could be,  for example, an income producing house, a block of flats. The income produced is then used for social development or any other purpose to serve the Muslim community, and humanity at large.

 

Compulsory/Voluntary

Compulsory

Voluntary

 

Voluntary

 

Rate

Fixed rate

Any amount

 

Any amount

 

Formula

Fixed formula based on assets and liabilities at end of accounting year

No formula

 

No formula

 

Expense categories

8 Fixed expense categories

Flexible expense categories. Donor can decide.

Flexible expense categories. Donor can decide.

 

 

Spend

Generally spent in one year

Generally spent in one year

Generally Capitalized

 

Investments

Generally not invested – needs to be discharged as soon as possible

Generally not invested – may be discharged according to need and mandate

Invested in social or economic assets

 

Shariah governance:

Liability

Liability for payment  is governed by Shariah

Any person can give

 

Donor must be sane, of age, male or female

 

Mutawallee

Mutawallee not necessary

Mutawallee not necessary

Must appoint Mutawallee (trustee)

 

Document

No document necessary

No document necessary

May be done through a Waqfiyyah (Donation Deed)

 

Sadaqah Jariyyah

Generally not continuous

Generally not continuous

Always a continuous charity and continuous reward

Capital base

Not a capital base

Not a capital base

Forms a Capital Base for Sustainable Community Development

Beneficiaries

Applied only to Muslims.

May be applied to all irrespective of creed.

May be applied to all irrespective of creed.

Time for payment

Generally paid in Ramadaan

Can be paid at any time

Can be paid at any time

How payment is effected

Generally paid in cash or stocks

Can take the form of any asset

Can take the form of any asset – cash, land, coins, jewellery

Bequests

Cannot bequeath, but can provide for liability

May bequeath up to 1/3 of  estate

May bequeath up to 1/3 of estate as Waqf

 

Should you have any unanswered question, please do not hesitate to send us an email. 

 


 

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 Last modified: 01/03/07