Waqf in Pakistan: Contemporary issues and challenges from Shari’ah Perspective

DOI:10.5281/zenodo.11078985

Abstract

Most of the Waqf-related research studies during the last few decades were about the historical contribution, governance, Waqf properties utilization, and their role in religious and charitable aspects of the Waqf. Very few research studies are about contemporary Waqf trends and new Waqf initiatives towards the socio-economic development, financial sector, cash Waqf, and contemporary Waqf issues and challenges faced by Waqf institutions such as the concept of Māl (Assets or property) in this contemporary era, the concept of Intellectual Properties (IP), copyrights tangible and intangible, perpetual and temporality, and moveable and immovable assets and properties.

This research paper tried to collect the views and opinions of classical jurists and contemporary Shariah scholars about these issues consolidate their opinions and reconcile for further discussions at the academic level to explore new initiatives in Pakistan on a similar pattern as other Muslim countries are adopting to revive the Waqf institutions in their countries. Waqf is an effective tool for Economic development poverty alleviation, and religious and charitable purposes in Muslim history but unfortunately in Pakistan, this institution was neglected, and still no planning with authorities to revive this institution. I believe the researcher and academia can motivate the authorities through awareness and presenting Shariah-based practical models that can be helpful for the revitalization of this institution in Pakistan. Several other Muslim countries have been actively working to enhance their Waqf institutions. They have been revising laws, refining their operational strategies, and enlisting the expertise of religious scholars and professionals to ensure compliance with Shari’ah principles. This paper also discussed such good models working currently in some other Muslim countries and that can be a base point for our researchers and practitioners.

This research paper used a systematic method to review and analyze the relevant literature identify the contemporary issues and challenges and present possible Shariah-compliant solutions given by Shariah scholars for the betterment of the institution particularly and society at large.

In the end, this research paper concluded the overall discussion and proposed a few recommendations for the improvement of the Waqf institutions in Pakistan.