The waqf constitutes one of the most important Islamic financial tools that have historically contributed to supporting community development and funding public and private projects, especially during crises and post-disaster and post-war reconstruction. With the increasing developmental challenges faced by many countries, the waqf has taken on a pivotal role in rehabilitating cities and developing infrastructure by financing housing, education, healthcare projects, and boosting the economy.
First: The Concept of Waqf and Its Developmental Dimensions
- Definition of Waqf:
- Linguistically: Waqf is derived from the verb "to stop" and means "detaining," (1) "preventing," or "restricting." It is said: "I stopped something," meaning I detained it and prevented its disposal.
- Terminologically: It is defined as "the detention of a known thing with known characteristics," (2) which means detaining the principal and dedicating its benefits to a public or private charitable cause without it being available for sale or inheritance. This is done with the intention of drawing closer to Allah, meaning "detaining the property under the ownership of the benefactor or under the ownership of Allah." (3)
- Socially: It is an Islamic-originated legal-financial formula (4) and a fundamental component of "formulas recognized by civil society and practiced within the realm of voluntary work in building the modern state." (5)
- Developmental Dimensions of Waqf: Waqf plays a key role in achieving sustainable development by supporting vital sectors. It is considered one of the most important developmental tools that have historically contributed to enhancing social and economic stability. It serves as a sustainable source of funding for strategic sectors, ensuring balanced development and social justice. Among the most prominent areas where waqf has been actively involved are:
- a) Education: Waqf is a fundamental pillar in supporting the education sector, contributing to the establishment of universities, schools, and library endowments, thereby providing educational opportunities for all, especially those unable to afford the costs. Waqf has played a central role in spreading knowledge and promoting scientific research through the establishment of educational institutions such as traditional elementary schools (kuttabs), schools in ancient times, and schools and universities in the modern era, which continue to provide uninterrupted services, positively impacting human and societal development.
- b) Healthcare: Waqf plays a vital role in supporting the healthcare sector by establishing waqf hospitals and medical centers that offer free or low-cost healthcare services to those in need. Additionally, health waqfs contribute to funding medical research, providing modern equipment, and supporting prevention and treatment programs, enhancing public health levels and improving quality of life.
- c) Infrastructure: The impact of waqf extends to the infrastructure sector, where it supports water, road, and public utility projects. This contributes to improving the quality of life and promoting both economic and social development. Waqf investments in this area lead to the development of essential services and the provision of a suitable environment for economic growth, reflecting positively on societal well-being and sustainable development.
- d) Economic Empowerment: Waqf plays a pivotal role in economic empowerment by financing small and medium-sized enterprises, which are fundamental pillars of economic growth and job creation. It also supports entrepreneurship and empowers the most needy groups to achieve financial independence, helping reduce economic gaps and enhance social stability.
Through these dimensions, it becomes clear that waqf is not merely a charitable tool but a sustainable developmental instrument that enhances the capabilities of societies and contributes to comprehensive development, keeping pace with the requirements of the age and socio-economic challenges.
Second: Waqf and Post-Crisis Reconstruction
- The Role of Waqf in Rebuilding Cities Affected by Wars and Natural Disasters: Waqf is an important developmental tool that contributes to rebuilding communities after they have been affected by wars or natural disasters. Through its sustainable resources, waqf provides the necessary support for reconstruction efforts, helping restore social and economic stability and ensuring an improved quality of life for affected populations. In this context, waqf becomes an effective tool in rebuilding communities through:
- a) Financing Housing Construction for Displaced Families: Waqf directly contributes to alleviating the suffering of displaced families by financing housing projects and rebuilding destroyed homes, providing them with safe and stable shelter. These waqf initiatives help accelerate the resettlement process, mitigate the effects of displacement, and achieve psychological and social stability for individuals, which is a crucial step towards recovery and sustainable development.
- b) Providing Basic Services Such as Electricity, Water, and Sanitation: The role of waqf is not limited to building homes; it also extends to developing infrastructure by providing basic services like electricity, potable water, and sanitation networks. These services are essential for ensuring a dignified life for residents, improve public health, and reduce environmental risks, thus speeding up social and economic recovery in affected cities.
- c) Supporting Productive Sectors to Ensure Local Economic Stability: In addition to physical reconstruction, waqf plays an important role in revitalizing the local economy by supporting productive sectors such as agriculture, small industries, and local trade. This leads to job creation, promotes self-reliance, reduces dependence on external aid, and contributes to sustainable economic development, bringing affected communities back on the path to growth and stability.
Thus, the role of waqf as an effective tool in reconstruction efforts becomes evident, where it does not only provide immediate assistance but also includes building the foundations of sustainable life, making it a fundamental pillar in rehabilitating cities and achieving long-term development.
- Waqf as an Alternative Funding Source for Reconstruction: Many countries struggle with a lack of necessary funding for reconstruction, highlighting waqf as a sustainable solution. Endowment assets can be directed toward reconstruction projects without resorting to international loans or conditional aid.
In this context, waqf is considered an effective financial tool characterized by sustainability and independence, allowing reconstruction projects to be executed according to local community priorities, away from external interventions or long-term financial obligations. By allocating real estate or financial endowments to support rebuilding projects, sustainable resources can be provided to finance infrastructure development, rehabilitation of public facilities, and support for affected families, enhancing social and economic recovery. Additionally, waqf reduces financial burdens on governments by providing self-funding that can be directed toward the development of vital sectors such as health, education, and housing, thus accelerating the pace of reconstruction. Moreover, the non-profit nature of waqf enhances resource efficiency, directing endowment revenues directly to developmental projects without being affected by interest costs or financial burdens associated with traditional financing. Furthermore, the role of waqf in reconstruction can be enhanced through innovative financing models, such as waqf funds that combine donations and waqf investments to ensure sustainable long-term funding. Engaging the private sector and civil society in managing waqf projects ensures transparency and sound management in directing resources toward achieving desired developmental goals. Thus, waqf is not merely a charitable tool but a fundamental pillar for financing sustainable development, offering an effective and efficient alternative for reconstruction funding, enhancing economic independence, and achieving financial sustainability for affected communities, supporting the construction of a more stable and prosperous future.
Third: Historical and Contemporary Models of Waqf in Reconstruction
- Historical Experience of Waqf in Reconstruction: Islamic history has witnessed numerous successful experiences in using waqf for urban reconstruction, including:
- a) The Waqf of Sultan Suleiman the Magnificent: Which contributed to the development of infrastructure in the Ottoman Empire, notably the rebuilding of Jerusalem's walls and enhancing its security (6), fortifying Al-Aqsa Mosque, and delivering water to neighborhoods. (7)
- b) Muslim Waqfs in Andalusia (8): Which contributed to building hospitals, schools, and increasing access to clean drinking water.
- Contemporary Models of Using Waqf in Reconstruction: In modern times, some successful experiences have emerged, such as:
- a) Waqf in the Reconstruction of Bosnia and Herzegovina After the War (1992-1995). (9)
- b) Utilizing waqfs to support housing projects in Gaza after repeated wars.
- c) Developmental waqfs in Malaysia and Turkey to support the reconstruction of areas affected by earthquakes and floods.
Fourth: Challenges and Solutions for Activating Waqf in Reconstruction
- Challenges Facing Waqf in Reconstruction: Despite the vital role waqf can play in supporting reconstruction efforts, it faces several challenges that limit its effectiveness in this field. These challenges vary between administrative, legislative, and societal issues, necessitating the development of modern mechanisms to enhance the efficient use of waqfs in reconstruction projects. Below are the main challenges hindering the effective utilization of waqf in this context:
- a) Weak Institutional Management of Waqfs in Some Countries: Some countries suffer from weak institutional structures for managing waqfs, where many responsible entities lack strategic planning and the necessary administrative efficiency to ensure the sustainability and effective investment of waqfs. This weakness leads to a low level of governance and transparency in managing waqf assets, negatively affecting their ability to efficiently fund reconstruction projects. Therefore, enhancing the capabilities of waqf institutions and adopting modern administrative methods are essential priorities to ensure waqf's contribution to development and reconstruction.
- b) Absence of Modern Legal Frameworks Facilitating Waqf Investment in Reconstruction Projects: The legal framework governing waqfs is a fundamental factor affecting their ability to contribute to reconstruction. In some countries, waqf legislation suffers from rigidity and fails to keep up with economic and developmental changes, hindering the investment of waqf assets in infrastructure, housing, and other vital sectors. Therefore, updating waqf laws and providing a flexible legal environment that allows for modern and sustainable waqf investments is crucial to enhancing its role in reconstruction.
- c) Lack of Community Awareness of the Importance of Waqfs in Development and Reconstruction: Community awareness is a key factor in activating the role of waqf in reconstruction. Weak societal understanding of the importance of waqfs in supporting sustainable development limits waqf contributions and charitable investments dedicated to this purpose. Therefore, raising awareness about the importance of waqf, its role in financing reconstruction projects, and promoting the culture of waqf donations is considered essential to sustaining waqf resources and increasing their effectiveness in addressing crises and rebuilding damaged cities.
To address these challenges, it is necessary to develop the waqf system by improving institutional management, updating waqf legislation, and enhancing community awareness of waqf’s role in reconstruction. Through the combined efforts of governments, waqf institutions, and civil society, waqf can be transformed into an effective and sustainable tool for rebuilding affected communities and achieving comprehensive development.
- Proposed Solutions: Waqf is a sustainable financial tool that can effectively contribute to the reconstruction of cities damaged by wars and natural disasters. However, realizing this role requires the development of modern mechanisms to enhance the efficiency of waqfs and increase their effectiveness in financing reconstruction projects. Below are some solutions that can activate waqf to become a more impactful tool in supporting reconstruction efforts:
- a) Developing Modern Waqf Legislation to Enable Financing of Reconstruction Projects: The legal and regulatory framework for waqfs is a decisive factor in determining its effectiveness in financing reconstruction projects. The absence of modern laws or the inadequacy of traditional legislation restricts the ability of waqf institutions to invest their assets and fund major developmental projects. Therefore, updating waqf legislation by adopting more flexible laws that allow waqf investments in reconstruction projects is an urgent necessity. Additionally, providing a supportive legal environment with incentives for waqf investments would enhance waqf’s ability to play an active role in sustainable development.
- b) Strengthening Partnerships Between Waqf Institutions, Government Agencies, and the Private Sector: To ensure the efficient utilization of waqf in reconstruction, it is essential to build strategic partnerships between waqf institutions, government agencies, and the private sector. Through these partnerships, financial and human resources can be mobilized to maximize the benefits of waqfs in reconstruction and rebuilding. Cooperation between these parties helps direct waqf investments towards infrastructure, housing, and basic services projects, accelerating the reconstruction process and enhancing the sustainability of waqf projects.
- c) Leveraging Fintech and Islamic Finance to Improve Waqf Investments: Fintech and Islamic finance represent promising tools for developing waqf investments and increasing their returns, enabling more sustainable financing for reconstruction projects. Thanks to modern financial innovations, such as waqf sukuk and waqf investment funds, waqf assets can be invested more efficiently and transparently, ensuring the growth of waqf assets and enhancing their contribution to reconstruction efforts. Additionally, using digital technologies in managing waqfs can improve sound administration and transparency, thereby enhancing societal trust in waqf as a sustainable funding source.
Waqf represents one of the sustainable financial solutions that can effectively contribute to reconstruction. However, activating its role requires legal reforms, strengthening institutional partnerships, and leveraging modern technology and Islamic finance. By adopting these solutions, waqf can be transformed into a fundamental pillar for supporting reconstruction efforts, enhancing sustainable development, and achieving economic and social stability in affected communities.
Therefore, waqf is an effective economic and developmental tool and should play a pivotal role in reconstruction, particularly in countries facing challenges due to wars, such as the Gaza Strip in Palestine currently, or natural disasters, such as the 2023 earthquakes in Turkey and Morocco. To achieve maximum benefit from waqf, its management must be developed, its role in major developmental projects strengthened, and advanced technological policies adopted to activate its role in rebuilding communities and sustaining development therein.
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- "Mughni al-Muhtaj ila Ma'rifat Ma'ani Alfaz al-Minhaj”, Shams al-Din Muhammad bin Muhammad al-Khatib al-Sharbeeni, Edited by: Ali Muhammad Mu'awwadh and Adil Ahmad Abdul Mawjud, Dar al-Kutub al-Ilmiyyah, Beirut, Lebanon, Vol. 3, Undated Edition, (1421 AH - 2000 CE), p. 522.
- "Al-Ikhtiyar li Taliil al-Mukhtar”, Abdullah bin Mahmoud bin Modood al-Mosuli al-Hanafi, Edited by Sheikh Mahmoud Abu Dikka, a senior scholar of the Hanafi school and former professor at the College of Usul al-Din, Dar al-Kutub al-Ilmiyyah, Beirut, Lebanon, Vol. 3, Undated Edition, Undated Year, p. 40.
- "Al-Mu'jam al-Waseet”, Ibrahim Anis, Abdul Halim Monatasir, Atiyya Al-Sawalhi, and Muhammad Khalf Allah Ahmad, Published by Al-Shorouk International Library, issued by the Academy of the Arabic Language, Cairo, 4th Edition, (1425 AH / 2004 CE), p. 1052.
- For more information on the jurisprudential rulings of Waqf, refer to the Encyclopedia of Islamic Jurisprudence, entry "Waqf", Ministry of Awqaf and Islamic Affairs, Kuwait, Vol. 44, 1st Edition, (1427 AH / 2006 CE), pp. 108-222.
- "The Role of Waqf in Providing Infrastructure (Roads - Water) between the Islamic and Secular Perspectives”, Heba Jamal Jad, Master's Thesis, Higher Institute for Islamic Studies, Egypt, 2019, p. 5.
- Al Jazeera News Network, "The Walls of Jerusalem – The Ottoman Achievement and the Ancient Protector of the Holy City”, Al Jazeera Net, April 18, 2024. http://bit.ly/4bAreqk
- "They Did Not Give Up an Inch – How the Ottomans Served Jerusalem and Al-Aqsa Mosque”, Muhammad Taher Aglu, May 16, 2021. https://bit.ly/3XeDpmR
- "Endowments and Their Role in Andalusian Society Between the 4th-9th Century AH / 10th-15th Century AD”, Abdul Qader Rabbouh, Master's Thesis, Faculty of Social Sciences and Humanities, Algeria, 2006, p. 179.
- European Council for Fatwa and Research, "Endowments in Bosnia and Herzegovina – History, Current Situation, and Future Aspirations”, October 20, 2020.
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