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![Cases
• Re Shaikh Salman bin Abd Shaikh Mohd
shamee Decd v Syed Abu Bkar Alkaff & Anor
(1953) 19 MLJ 200
• 1) Commisioner for Religious Affairs
Trengganu & Ors v Tengku Mariam Tengku Sri
Wa Raja & Anor. [1970] 1 MLJ 222
• Haji Embong v Tengku Nik Maimunah [1980] 1
MLJ 286
05/14/14 Dr. Zuraidah Ali 32](https://image.slidesharecdn.com/islamicamanah-130614094352-phpapp01-140513205301-phpapp01/75/Islamic-amanah-32-2048.jpg)
Uploaded byHafizul Mukhlis
Islamic amanah
This document discusses the Islamic concept of amanah, which refers to trusts or responsibilities. It begins by defining amanah and distinguishing it from regular trusts. It outlines the learning objectives which are to define amanah, distinguish it from trusts, identify types of amanah, and understand the concepts of charity and waqf. The document then discusses amanah in more detail by providing Quranic verses, definitions, types of amanah, the benefits of fulfilling amanah, and the concepts of waqf and charity in Islam. It aims to educate about the important Islamic principle of upholding one's trusts and responsibilities.
In this document
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Introduction to Amanah, its definition, significance in Islam, and Quranic references.
Discusses the benefits of Amanah including success, prophetic qualities, indications of iman, leadership prerequisites, and Islam's condemnation of trust betrayal.
Explores different facets of Amanah including between Allah and mankind, in transactions, and the conduct of individuals.
Definition and creation of Waqf, its purpose, and the nature of ownership transfer upon establishment.
Describes various types of Waqf including public, family, and charitable purposes, and contrasting perspectives between Sharia and Common Law.
Impact of the Abu Fata’s case on Waqf legality, discussing its implications in Muslim countries and related court cases.
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Islamic amanah
- 1. ISLAMIC AMANAH 05/14/14 Dr.Zuraidah Ali 1
- 2. Learning outcome • Atthe end of the lecture, students will be able to: i) define the concept of amanah ii) distinguish between amanah and trust iii) know types of amanah iv) Understand the concept of charity & waqf. 05/14/14 Dr. Zuraidah Ali 2
- 3. What is amanah •A very wide concept • Covers both daily matter and relationship with Allah • Great virtue and serious undertaking. • Concept of accountability. 05/14/14 Dr. Zuraidah Ali 3
- 4. Definition • Literal meaning: • Al- Wafa’ = fulfilling • Wadi’ah = trust • Technically: Amanah is whenever a muslim fulfill what had entrusted to him which is done solely for Allah’s pleasure. 05/14/14 Dr. Zuraidah Ali 4
- 5. Quranic verses • AnNisa’ : 58 • “Verily Allah commands that you should render back the trusts to those, to whom they are due; and then when you judge between men, you judge with justice.” 05/14/14 Dr. Zuraidah Ali 5
- 6. • Al-Quran 2:283 • Allah swt said ‘if one of you entrusts the other, let the one who is entrusted discharge his trust …..’ • he trusted, had confidence in him and gave him custody of it 05/14/14 Dr. Zuraidah Ali 6
- 7. • It startedsince the time Allah created mankind • Surah Al Ahzab: 72 • “Lo! We offered the trust unto the heavens and the earth and the hills, but they shrank from bearing it and were afraid of it. And man assumed it. Lo! He hath proved a tyrant and a fool.” 05/14/14 Dr. Zuraidah Ali 7
- 8. Mejelle • Confined tocertain areas of law. • Article 762 • The thing entrusted to the person who is responsible for the safekeeping thereof, whether placed on trust for safe keeping in pursuance of an express contact, such as a contract of deposit for safekeeping, or by implication, as in the case of a thing taken on hire or borrowed or intention as where wind blows into the house of a certain person the property of such person’s neighbour. Such property does not become property deposited for safe keeping with the owner of the house since there is not contract to that effect but us held by him on trust • Article 763: • By deposit for safekeeping is meant handling property to any particular person in order that it may be kept safe 05/14/14 Dr. Zuraidah Ali 8
- 9. Benefit of Amanah 05/14/14Dr. Zuraidah Ali 9 1) Amanah is the path to success Surah 23 : 8-11 “ And who are shepherds of their pledge and their convenant and who pay heed to their prayers. These are the heirs who will inherit Paradise, There they will abide
- 10. 2) Amanah isone of the qualities of the prophets - All prophets used to be honest and trustworthy in their dealings, saying and behaviour. - Prophet Muhamad SAW was know as Al Amin = the trustworthy. 05/14/14 Dr. Zuraidah Ali 10
- 11. 3)Amanah is anindication and proof for one’s iman - Saying of the Prophet SAW, narrated by Ahmad Ibn Majah; - “ Should I tell you about who a true believer is? He is the one whom people trust with money.” - “ A person who doesn’t have trust is void of iman and one who doesn’t keep his word, has actually no deen.” 05/14/14 Dr. Zuraidah Ali 11
- 12. • 4) Amanahis a prerequisite for taking any position of leadership i) Daugther of Prophet Shuaib suggested to his father to hire Prophet Musa and she said; “Oh my father, hire him for the best to hire is the one who is strong and “Amin,’ trustworthy.” ii) Caliph Abu Bakr told Zaid Ibn Thabit when assigning him the task of collecting the Quran; “You are indeed mature and honest young man. We would never question you intergrity as you were the one of the scribes to Rasullah SAW. Therefore go and trace the Quran and collect it.” 05/14/14 Dr. Zuraidah Ali 12
- 13. liar shall b iii)Prophet said; ”When amanah is being wasted, wait for the last hour to come. It was said to him: and how the amanah is going to be wasted?” Rasullah saw said;” It is when will be placed in a position of leadership eventhough, they don’t have any qualification whatsover for being in such a position.” iv) Prohet SAW said (reported by Ibn Majah and Ahmad when he talked about the sign of Last day) “ And then deceptive yours will come in which the liar shall be believed, the betrayar shall be entrusted while the trustworthy shall be mistrusted and the ignorant and the foolish shall speak in the matters of the community.” 05/14/14 Dr. Zuraidah Ali 13
- 14. 5) Islam abhorsbetrayal of the trust. -Islam condemns betrayal and treachery = a sign of munafiq i) “The signs of a munafiq are three; when he/she speaks tells a lie, whenever he/she makes promise, he/she breaks it and whenever he/she is entrusted with something, betrays the trust. ii) While counting the people who are going to hellfire, Prophet SAW mentioned “ And the one who betrays the trust, whose greed can’t be hidden and a man who deceives you day and out 05/14/14 Dr. Zuraidah Ali 14
- 15. Concept of Amanah •Amanah between Allah and mankind • Amanah in Transaction • Amanah referring to the conduct or attribute of the person 05/14/14 Dr. Zuraidah Ali 15
- 16. Amanah in Transaction •The transaction where amanah is the basic goal 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 item 05/14/14 Dr. Zuraidah Ali 16
- 17. Amanah referring tothe conduct or attribute of the person • Transaction based on citing profit margins • Custody, guardianship, responsibility of a minor, lady • Witness • Oaths 05/14/14 Dr. Zuraidah Ali 17
- 18.
- 19. MEANING • Literal :Detention • Legal : The dedication of property or giving it away in charity for the benefit of certain property for a good purpose, religious, pious and charitable 05/14/14 Dr. Zuraidah Ali 19
- 20. • When waqfis created, a pious people/ group of people are appointed as the manager/ mutawalli • Unlike trust, the property of waqf does not vest in the mutawalli. • The establishment of waqf is voluntary 05/14/14 Dr. Zuraidah Ali 20
- 21. The property capableof being given as waqf. • Al-Mal-al Mutaqawwim : capable of legal ownership and legal transfer. • In actual ownership. It must be in existence at the time of creation of the waqf and must be capable of immediate delivery. 05/14/14 Dr. Zuraidah Ali 21
- 22. • The ownershipof the waqf property is transferred to Allah. • Once waqf is created, such property cease forever to be subject to the rules of private proprietorship and therefore belong to neither the founder nor the beneficiary. 05/14/14 Dr. Zuraidah Ali 22
- 23. Types of Waqf •1) Waqf Am / Public • - supporting general good and welfare of the poor • -for public works of utility or charitable purposes –school, hospital etc. 05/14/14 Dr. Zuraidah Ali 23
- 24. • 2) Waqfal Khas/Al Awlad : • - waqf with specific purpose • -family waqf • Those waqf of which the purpose is to make a provision for the founder’s family or relatives. 05/14/14 Dr. Zuraidah Ali 24
- 25. • 3) WaqfAl Kahyri • _ This crated to cater needs of orphans, destitutes, blind people, mosque, school, graveyards other places of public welfare 05/14/14 Dr. Zuraidah Ali 25
- 26. Waqf is onone of the concept of charity in Islam • Issues • 1) Whether waqf / charity in favour of children, spouses, descendants ascendants or collaterals can be considered as charity. • 2) “non-charitable’ under Common Law. 05/14/14 Dr. Zuraidah Ali 26
- 27. Views under ShariaLaw. • Waqf may be made for any purpose whatever is recognized in Islam. • A waqf, being a form of sadaqa, its object cannot be used for purposes 05/14/14 Dr. Zuraidah Ali 27
- 28. Purposes recognized byIslam • 1) Man’s duty is to his family • Surah Al Baqarah : 177 , 215 • Surah Al- Nahl • Waqf may be created for the support of the founder’s own immediate descendants and for immediate family 05/14/14 Dr. Zuraidah Ali 28
- 29. • 2) Themaintenance of mosques dedicated to Allah for worship according to the teaching of Islam • Charities such as hospitals, schools, universities, pensions and other works of public utility 05/14/14 Dr. Zuraidah Ali 29
- 30. Whether Waqf Khascan be considered as 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 illusory 05/14/14 Dr. Zuraidah Ali 30
- 31. IMPACT OF ABUFATA’S CASE • Effect the position in most of the Muslim countries which were under English colonial. • These countries were bound by Privy Council’s decision. • Passed law to invalidate family Waqf. 05/14/14 Dr. Zuraidah Ali 31
- 32. Cases • Re ShaikhSalman bin Abd Shaikh Mohd shamee Decd v Syed Abu Bkar Alkaff & Anor (1953) 19 MLJ 200 • 1) Commisioner for Religious Affairs Trengganu & Ors v Tengku Mariam Tengku Sri Wa Raja & Anor. [1970] 1 MLJ 222 • Haji Embong v Tengku Nik Maimunah [1980] 1 MLJ 286 05/14/14 Dr. Zuraidah Ali 32
Editor's Notes
- #27 A trust created in favour of the above persons is regarded as non-charitable’ under Common Law