ISLAMIC CONCEPT OF WAQF: CHALLENGES AND PROSPECTS WITH REFERENCE TO THE JAMMU AND KASHMIR MUSLIM WAQF BOARD

Allah sent Adam (A.S.) and His Kin on earth and made them to pass through diverse phases of life following His guidance from time to time through various prophets for each community, nation. In a society, He made them to depend on one another by bestowing some over the other to maintain the integrity of brotherhood, co-operation and so on. The challenging aspect in this way is the financial security which works against the greedy nature of a Man. In addition to Huqūq al -Allah, Islam also stresses on Huqūq al - ‘Ibād , wherein helping someone economically becomes an important facet. To bring this idea into action, an institution has been developed named as ‘Waqf’ which provides all possible help to the downtrodden and marginalized section of the society. It plays very substantial role in the overall prosperity of both Muslims and non-Muslims. This paper aims at deliberating on present scenario of Waqf in the Union Territory of Jammu and Kashmir, India and highlights challenges to this institution, a barrier in overall development and security of a well-to-do society.


Introduction
The Institution of Waqfhas been an inimitable one in the Islamic economic system which owes its origin to the Prophetic period or goes back to Roman period as per some scholars. According to general opinion of Muslim jurists and scholars, there was no Waqf in Arabia before Islam, either in the form of buildings or lands. Waqf has been categorized in various forms, namely religious charitable, family and a blend of all these. The first mosque in Islamic history known as Masjid-e-Qubāh is documented as the earliest occurrence of religious Waqf. i By the second caliph Omar Ibn-e-Khattab in 6th Hijri, the first deed of Waqf in Islamic history was taken up. This initiation of Omar (RTA) was basically an outcome of inspiration that he had incarcerated on Prophet's suggestion to render his palm orchard in Khaybar as Waqf for the pious cause of Allah ‫.)ﷻ (‬ ii Historically, this initiation was enthusiastically followed by the Prophet (‫')ﷺ‬s companions like Abu Bakr, 'Umar, 'Uthmān. iii 'Ali, Zubair, Mu'āz, Zaid bin Thābit, 'Abu Talha, 'Aisha, Hafṣa, 'Abdullah bin 'Umar, Umm Habība, Ṣafi'a Bint Hayy, Sa'd bin 'Abi Waqqāṣ, and Jābir iv in Arab, and later on the same drew an aweinspiring attention of Muslims around the globe. In the subsequent centuries, Muslims from different corners of the world tremendously contributed in Waqf and other categories of generous exercises. v Since the emergence of Islam, the Muslims have voluntarily given out of their wealth for the benefit of others in the form of Waqf. Throughout the history of Islamic civilization, it is obvious that the scope, effect, magnitude and viability of Waqf have been far greater than any other voluntary institutions in Islam such as Ṣadaqah, Hibah, Waṣiyah, Qarḍ, and Nadhr. There has been immense no. of buildings and services for society which have been financed and preserved for centuries through this system in all parts of the Muslim world. Many Awqāf had even endured for considerably longer than half a millennium and some even for more than a millennium. The existence of waqf is not only a religious ritual but also as a humanity ritual through empowering the potential for community welfare (Rusydiana and Al-Farisi 2016).
The success of Waqf system subsequently spread to the west during crusades and then adopted as part of their social institution. It has been acknowledged that the famous Oxford University in England was built upon the Islamic Waqf Model. Nevertheless, few western scholars have a negative insight towards this institution. They have considered Waqf as an outdated institution which is no longer relevant and hence could not play any important role in the contemporary economy like it did in the past. According to this view, Waqf is part of institutional traps that block economic development in Muslim countries, together with the Islamic law of inheritance and the absence of the concept of a corporation. It is further argued that system restrains resource pooling and locks vast resources into unproductive organizations for the delivery of social services. In other words, Waqf becomes dysfunctional due to the inflexibility in its nature.
The Institution of Waqf in India dates back to the establishment of Muslim rule in 91 this sub-continent. The Muslim rulers in India dedicated enormous amount of moveable and immovable possessions which included productive land and revenue collected from number of villages for the maintenance of Masājid, Tombs, Imām-Bārās, Yatīm-Khānās, Madāris and other Islamic institutions. They were directing their subjects to build the socio-cultural symbols of Islam at various places for which huge properties were attached. The fund from the public exchequer was not only allocated to propagate Islam through development of Waqf but also to ensure the overbearing of Islamic civilization in this country.

Research Methods
Qualitative research with humans consists of three types of data gathering: (a) In-depth, open-ended interviews; (b) Direct observations and (c) Written documents. Interviews provide direct references to people's experiences, opinions, feelings and knowledge.
Observation data consist of detailed descriptions of the activities, behaviours, actions of individuals and the full range of interpersonal interactions and organizational processes that are part of the observed human experience. Document analysis includes studying excerpts, quotations or entire passages from organizational, clinical or program records; memoir and a and correspondence; official publication sand reports; personal diaries; and open-ended written responses to questionnaires and surveys. In addition, in qualitative research, analysis and intuition must be carried out to answer the phenomena raised. Therefore, the analysis was carried out through these three data (Tripodi and Bender 2010). Data for qualitative research tend to come from field work. During fieldwork, the researcher spends time in the study environment -a program, organization or community, where change efforts can be observed, interviewees and records analyzed. The researcher makes first-hand observations about activities and interactions, sometimes engaging personally as a "participant observer".

Observation
Observation is regarded as basic to sound qualitative research. Observation can be used to capture different types of behavioural or interactive information. In observation, the observer will record systematically according to the predetermined code (Given 2017). Observation data collection ranges from open data (model search) to closed coded data (model confirmation search). Observations also vary depending on the continuum of involvement, where the researcher is accepted as someone who is regularly present and a member of the student community, in no participatory, where the researcher is an underdog who leads systematic observations without interacting with anyone. (Given 2008)

Literal Meaning
The word "Waqf" is derived from the root word "Wa-qa-fa" which means "to 92 halt", "to stand", "to pause", "to retain", "station" etc. One of the fundamental pillars of performing Hajj is "Waqūf-i-'Arafah" which means "standing on the 'Arafāt". The Holy Quran does not directly define Waqf or make any orientation to it; however, it persuades the Muslims to do charity.
In the Holy Qur'ān, Allah says: "Were you to see when they (wrong doers and the deniers of faith) are brought to a halt by the fire, whereupon they will say, "If only we were sent back (into the world)! Then we will not deny the signs of our lord, and we will be among the faithful!" vi The Similar Word used in another verse of the Holy Qur'ān as: "Were you to see when they are stationed before their Lord? He will say, 'Is this not a fact?' They will say, 'Yes, by our Lord!' He will say, 'So taste the punishment because of what you used to disbelieve." vii In the same way Allah says: "(But first) stop them! For they must be questioned." viii The Dictionary meaning of Waqf or Ḥabs as defined by Ibn Manzooris as: "Waqf literally means Imprisonment and interdiction. Its plural is Awqaf which is derived from the root word "Waqafa" which means "to stop", "to retain". ix

Technical Meaning
"Which means retaining the basic asset ('Aṣl) and donating / distributing its fruits or benefits to the concerned." x The Prophet ‫)ﷺ(‬ said: "When a man dies, all of his acts come to an end, except three; recurring charity (Sadaqah Al-Jāriyah) or Knowledge (by which people benefit), or a pious off-spring 93 who prays for him." xi Here the Word "Sadaqah Al-Jāriyah" according to Sayyid Sābiq means Waqf. xii

Views About Waqf by Various Islamic Scholars
A. Waqf becomes public invested property with immortality characteristics that mean it cannot be sold, is mortgaged and passed down. Since its inception, waqf has provided significant benefits for the majority of society (Usman and Ab Rahman 2020). Things which have been endowed as Waqf can neither be sold, nor given as gift; no one can become its owner, nor can anyone be made its owner. This rule has been established considering several books of jurisprudence (Fiqh). Thus, in Durr-i-Mukhtār, it is said, "When Waqf (procedures) are completed and the Waqf has become effective, no one can become its proprietor, nor can anyone be made its owner, and nor can it be given as a gift or be placed on mortgage." In Shāmi, it is said, "In Waqf, neither shall the Sāhib-i-Waqf (that is the person doing the Waqf) enjoy possession nor shall he accept the possession of anyone else whether it is by way of sale or otherwise, because that which is devoid of state of being possessed cannot be made subservient to someone else. xiii And in Hidāya, it is found that, "When Waqf is rightfully performed, then it is not fitting to sell it neither to make it belong to someone." The author of Hidaya has used as proof to this rule, one unanimously approved Hadith reported by Sahīh Bukhari & Sahīh Muslim where the Holy Prophet (PBUH) has said: "What has been given as Waqf can neither be sold, nor can anyone inherit from it and nor can it be gifted to anyone. xiv And in Sharh-e-Wiqāya, it is written that: "When Waqf has been performed, then it is not possible for it to have an owner nor is it possible to give ownership to it. In fact, for it to have an owner or to be given ownership to it is forbidden. Because Sahih Waqf does not accept ownership just like freedom does not accept slavery." xv And in Kanzul Daqā'iq, it is written as: "It is not allowed to make someone become owner of mawqūf (something which has been given as Waqf) nor is it possible to divide or share it." xvi B. In only two circumstances, waqf objects can be sold: property and wakif transferred to Allah when wakif had died. Imam Syafi'i likened waqf to al-ʻitq (liberation of slaves), the slave belongs to his master, but when he is free, he belongs to God (Sesse 2010). So the purpose of waqf in waqf is only meant for Allah.
D. If someone has given any piece of land, house or any other valuable object as Waqf to the Masjid or as donation, then it is fitting that the property be used exclusively for the Masjid.

Administration of Waqf in Jammu and Kashmir: Challenges and Prospects Origin and Development
The history of the institution of Waqf in Jammu and Kashmir is recent and dates back from the first half of the twentieth century (1940s). Numerous significant Muslim sacred places such as Shah The above mentioned Figure 1

Composition of Board
The Board shall consist of eleven members, all of whom shall be Muslims as:

Conclusion
The Administration of Jammu and Kashmir Muslim Waqf Board is unable to perform on expectations. There is a need to streamline the system, showing slow progress. The Board should be made autonomous. Those properties not taken over by the Board need to be identified village-wise and reclaimed so that more income can be generated. An initiative about poverty alleviation by providing various opportunities to the unemployed youth of the State needs to be given due consideration. Unemployment is a growing crisis in this part of the world. Moreover, digitization of Waqf records/properties, the need of the hour will ensure transparency in the system to avoid mismanagement and check any corruption allegations harming its reputation as an Institution of great significance. The focus should be on providing the scientific, technical, skill-based job oriented and Islamic Education to students through educational institutions (about 20) under the Board including IUST Awantipora (partly funded by the Board). The role of J&K Muslim Waqf Board gains importance in the present times considering the pathetic condition of people struggling with (n) number of problems related to financial stability and 100 education. Quality education can bring a permeate change by enabling an environment promising a well-to-do community, later, serving the purpose, otherwise not.