Islamic amanah

ISLAMIC AMANAH

04/11/23 Dr. Zuraidah Ali 1

Learning outcome

• At the end of the lecture, students will be able to:

i) define the concept of amanahii) distinguish between amanah and trustiii) know types of amanahiv) Understand the concept of charity & waqf.


What is amanah

• A very wide concept• Covers both daily matter and relationship with

Allah• Great virtue and serious undertaking.• Concept of accountability.


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.


Quranic verses

• An Nisa’ : 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.”


• 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


• It started since 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.”


Mejelle• Confined to certain 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


Benefit of Amanah


1) Amanah is the path to successSurah 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

2) Amanah is one 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.


3)Amanah is an indication 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.”


• 4) Amanah is 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.”


liar shall biii) 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.”


5) Islam abhors betrayal of the trust.-Islam condemns betrayal and treachery = a sign of

munafiqi) “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


Concept of Amanah

• Amanah between Allah and mankind

• Amanah in Transaction• Amanah referring to the conduct or attribute

of the person


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


Amanah referring to the conduct or attribute of the person

• Transaction based on citing profit margins• Custody, guardianship, responsibility of a

minor, lady• Witness• Oaths


WAQF


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


• When waqf is 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


The property capable of 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.


• The ownership of 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.


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.


• 2) Waqf al 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.


• 3) Waqf Al Kahyri • _ This crated to cater needs of orphans,

destitutes, blind people, mosque, school, graveyards other places of public welfare


Waqf is on one 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.


Views under Sharia Law.

• 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


Purposes recognized by Islam

• 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


• 2) The maintenance 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


Whether Waqf Khas can 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


IMPACT OF ABU FATA’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.


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


Spiritual

Islamic amanah