[wJswn5l3]

The Messenger of Allah, may Allah bless him and grant him peace, made his date orchard in Madinah al-Munawwara into a waqf to assist in the protection of Islam. He made another date orchard in Fedek into a waqf for travellers. ‘Umar ibn al-Khattab, may Allah be pleased with him, set up a waqf for mujahidun and to assist slaves in buying their freedom. This has always been the practice of the Muslim community. It is a powerful ijma’ and is to be found all over the Muslim world. Al-Aqsa and old Jerusalem were made waqf also by ‘Umar ibn al-Khattab and that waqf was revived and extended by the great Sultan Abdulhamid II.


It is clear from this important document by one of Islam’s leading scholars that the Islamic Dawla is correctly speaking uniquely a social order of wealth and war — wealth for its community and war for its frontiers. There is no political class, neither institutionally nor magically, and by magically is indicated the control of the masses by press and television which remain uniquely the instruments of control wielded by the wealth oligarchy.

Surely as we survey the glorious identity of the Islamic Dawla we sense sudden gusts of the winds of freedom, that sweet wind that the Messenger, may Allah bless him and grant him peace, felt as the breath of the Rahma. We are now looking at the great social reality of the Divinely inspired polity that has been the
ongoing Muslim community across the world for hundreds of years and about which in all the books in all the universities of the kafir world scarcely a word of truth can be found. It is also nothing to do with the miserable unscholarly puritanism of the so-called modernists, now so pathetically outdated, and the dismal qutbis and wahhabis.



Page 47

[flielagit]

As an Islamic institution, the waqf is a property, an amount of wealth etc. dedicated to the benefit of the created to please the Creator. The dedicated assets are put in possession, ownership of Allah eternally, i.e. the establisher of a waqf no longer has any right of ownership regarding the said wealth or property. The motive for establishing awaqf is solely to obtain the pleasure and consent of the Creator, hoping only for His reward. The one who establishes a waqf is called waqif.

The waqif must have the following qualities:

1. He must be an adult, sane and free.
2. There must not be any compulsion: the waqif must dedicate his/her possession willingly.
3. The motive and intention must be to please the Creator.

As for the dedicated wealth, it must satisfy these conditions:
1. The wealth dedicated must exclusively belong to the waqif at the time it is dedicated.
2. The wealth must not be obtained by loan.
3. The dedicated possession must be of a kind that brings revenue such as house, shop, field, orchard, etc.
4. The possessed trees, buildings etc. that the waqif intends to dedicate must not be under a demolition order.
5. Those who will benefit from the waqf must be clearly stated.

The deed of trust of the waqf is called a waqfiyye. The waqif stipulates his conditions in the waqfiyye. The waqfiyye becomes valid upon entry in the Sijill (Register) of the Qadi (judge).