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Funding
Funding higher education through higher
waqf: a lesson from Pakistan education
through waqf
Muhammad Usman
Department of Economics, College of Economics and Social Development,
Institute of Business Management (IoBM) Karachi, Pakistan, and 409
Asmak Ab Rahman Received 8 May 2019
Revised 8 February 2020
Department of Syariah and Economics, Academy of Islamic Studies, 3 May 2020
University of Malaya, Kuala Lumpur, Malaysia 22 August 2020
Accepted 17 October 2020

Abstract
Purpose – This paper aims to study waqf practice in Pakistan with regard to its utilisation in funding for
higher educational institutions (HEIs) and investigates waqf raising, waqf management and waqf income
utilisation.
Design/methodology/approach – The paper is based on the views of 11 participants who are actively
involved in the waqf, its raising, management and income utilisation, and is divided into three subcategories:
personnel of higher educational waqf institution, personnel of waqf regulatory bodies and Shari’ah and legal
experts as well as archival records, documents and library sources.
Findings – In Pakistan, both public and private awqaf are existing, but the role of private awqaf is
greater in higher education funding. However, due to lack of legal supervision private awqaf is
considered as a part of the not-for-profit sector and legitimately registered as a society, foundation, trust
or a private limited company. Waqf in Pakistan is more focusing on internal financial sources and waqf
income. In terms of waqf management, they have firm guidelines for investing in real estate, the Islamic
financial sector and various halal businesses. Waqf uses the income for developmental and operational
expenditure, and supports academic activities for students and staff. Waqfs are also supporting some
other HEIs and research agencies. Thus, it can be revealed that a waqf can cater a sufficient amount for
funding higher educational institutions.
Research limitations/implications – In Pakistan, both public and private awqaf are equally
serving society in different sectors, but the role of private awqaf is much greater in funding higher
education. Nevertheless, the government treats private awqaf as a part of not-for-profit sector in the
absence of a specific legal framework and registers such organisations as society, foundation, trust or
private limited company. The waqf in Pakistan mostly relies on internal financial resources and income
from waqf assets. As the waqf managers have over the time evolved firm guidelines for investment in
real estate, Islamic financial sector and various other halal businesses, and utilisation of waqf income on
developmental and operational expenditures, academic activities of students and educational staff,
other HEIs and research agencies, it can be proved that the waqf can potentially generate sufficient
amount for funding HEIs.
Practical implications – The study presents the waqf as a social finance institution and the best
alternative fiscal instrument for funding works of public good, including higher education, with the help of
three selected waqf cases. Hence, the paper’s findings offer some generalisations, both for the ummah at large
and Pakistan.
Social implications – The paper makes several policy recommendations for policymakers, legislators and
academicians, especially the government. As an Islamic social finance institution, the waqf can help finance

International Journal of Islamic

and Middle Eastern Finance and
Management
Vol. 14 No. 2, 2021
The researchers express their deep appreciation to the Ministry of Higher Education, Malaysia, and pp. 409-424
the University of Malaya for allocating funds for this project under a research grant [LRGS/2013/ © Emerald Publishing Limited
1753-8394
SME-UM/SI/02] and [PG006-2014B]. DOI 10.1108/IMEFM-05-2019-0200
IMEFM higher education anywhere around the world in view of the fact that most countries grapple with huge fiscal
deficits and are hence financially constrained to meet growing needs of HEIs.
14,2 Originality/value – The study confirms that the waqf can be an alternative source for funding higher
education institutions whether it is managed by the government or is privately controlled.
Keywords Waqf, Waqf-raising, Waqf-management, Waqf-income, Higher educational institutions,
Pakistan
410 Paper type Research paper

1. Introduction
Colleges and universities play a pivotal role in a nation’s progress and development. It is,
therefore, inevitable to ensure these institutions continue to function in a smooth an efficient
manner. There are various factors that contribute to sustainability of an educational
institution and perhaps the most important among them is constant flow of funds that
higher educational institutions (HEIs) receive from external sources or generate from their
own sources. It has become all the more important these days when most national economies
face recession and budget deficits which ultimately lead to massive cuts in funds for HEIs.
In the global perspective, technological advancement and current widespread global
financial crises (2007–2008), the cost of higher education (to be referred to as higher
education in following pages) is constantly on the increase. Moreover, transition towards
knowledge-based economy has raised demand for higher education. Until the 20th century,
HE had never been in much demand, but now every nation has realised that it is key to
sustaining the world economy and essential for becoming a developed nation. Consequently,
it has increased global demand for higher education (Johnstone, 2004; Lebeau, 2012). From
the local perspective, social, political, economic and demographic changes, too, are having
an impact on higher education.
The demand for higher education is on a constant rise as nations compete with each
other for attaining their national goals for social development. In pursuit of this objective,
many countries run into huge public debts that inflate fiscal deficit (Michael, 1996).
Likewise, fiscal constraints, budgeting formula and HEIs funding have become politically
sensitive and have serious implications for public funding (Longden, 2001; Wangenge-
Ouma, 2008). Consequently, HE is switching from public funding to market system and this
transition is mostly driven by resource allocation within the higher education system (Barr,
2009). Barr (2005) in his study on HE in the perspective of economic theory stated: “The days
of central planning have gone”. In view of depletion of public funding, colleges and
universities can seek help from the waqf to meet their financial needs, a situation which
makes the waqf a significant alternative to public funding.
Waqf (plural: awqaf) permits an individual or an organisation to donate his/her assets for
an indefinite period for enabling welfare activities in Muslim communities and extending
economic support to individuals and institutions. As a result, the waqf becomes public
property invested with characteristic of perpetuity that means it cannot be sold, mortgaged
and inherited. From the very outset, waqf has been benefiting a significant segment of
society and contributing to several public welfare works (Abdul Shukor et al., 2019;
Abdullah, 2020; Asni et al., 2020; Laallam et al., 2020; Mohd Thas Thaker Mohamed Asmy,
2018). Throughout Islamic history, the waqf has played a pivotal role in social well-being
and financial development of welfare institutions. It directs charities to eternal and
continuous benefits and facilitates all non-active participants to become active players in an
economic activity. It is one of the earliest models of an endowment, which offers to meet all
essential needs such as religious, social, economic and educational (Asni et al., 2020; Azrai
Azaimi Ambrose Azniza et al., 2018; Choudhury, 2018; Çizakça, 1998; Ismail Abdel Mohsin, Funding
2013; Mohd Thas Thaker Mohamed et al., 2018; Singer, 2008; Sulaiman and Alhaji Zakari, higher
2019). Thus, the beneficiaries of waqf may comprise individuals and organisations such as
hospitals, religious institutions, schools, colleges and universities.
education
Up to the present time, a significant number of waqf HEIs have firmly established through waqf
themselves in several countries and maintained academic activities. In the Muslim world,
besides Al-Azhar University, there are many other universities that benefited from the waqf,
such as the University of Al-Qurawiyin in Fez, Morocco; the University of Al-Muntasiriyah,
411


Iraq; the University of Qūrtubah, Spain; the King Abdul Aziz University, UAE; and the
Islamic University of Indonesia in Yogyakarta, Indonesia. It is important to note that
Turkey leads all countries with 68 waqf-funded universities and the number continues to
increase (Asni et al., 2020).
In the context of Pakistan, the study aims to explore waqf practice in terms of waqf
raising, waqf management and waqf income utilisation. The first part of the paper
introduces historical development along with current practices of waqf development in
HEIs. In the second part, the paper discusses waqf; its raising, management and income
utilisation and the last section concludes the study with a discussion on findings, conclusion
and recommendations for future.

1.1 Brief history of waqf development in Pakistan

The East India Company, precursor of British colonial rule, which had occupied the Indian
subcontinent by the 18th century, had in the beginning allowed Muslims full freedom of
practicing their beliefs and following religious laws without any restrictions. But as the
company gained more political power, it took full control of each and every sphere of
government and society and the rulers started interfering with Muslim religious laws. They
also made significant amendments to the Islamic laws on waqf and charities (Arif, 1994).
In Islam, there are two main types of waqf: awqaf al-khairi (charity) and awqaf al-ahli
(family waqf). The former is devoted to works of common good and wellbeing of deserving
people, but the latter is exclusively dedicated to the benefit of family members and relatives
of a deceased. The British rulers kept the former intact but abolished the latter. The
interference in the waqf law first started in 1838 when a court declared that the Islamic
concept of family waqf/trust was against the British law. Again in 1873, the Bombay court
gave an identical verdict, followed by many such decisions [1]. The verdict was based on the
argument that under British rule, charity was exclusively for the poor and the needy, and
whatever one gave to his family or relatives would not be considered charity. Hence, it
declared null and void the Islamic provision for the family waqf. Justice Travelin remarked
during hearing of a case that “I understand the word khair
at, which is equivalent to charity
in English and the word is used in this meaning. [But] I was expected to understand the
meaning of the word in the light of Muslims’ viewpoint on the issue and its use in
vernacular”.
The British court’s decision clearly ran counter to Muslims’ religious law and infringed
upon their religious freedom. In August 1947, the subcontinent of India was partitioned and
resulted in the formation of two new independent states, Republic of India and the Islamic
Republic of Pakistan. In July 1947, barely a month before the partition, a pact was signed
between All India Muslim League, All India Congress, and representatives of Sikh
community, which declared that all communities would honour and ensure protection of
civil and religious rights of all citizens irrespective of caste, creed and religion. It ensured
that in issues related to religious rights, no one was allowed to resort to tit-for-tat actions.
IMEFM Likewise, the British Government made legislation in the light of the aspirations spelt out by
14,2 the major stakeholders at the time of partition [2].
Using the framework provided under the British laws, the government of Pakistan
created ministries of religious affairs at federal and provincial levels which looked after and
managed affairs of awqaf. The ministries took over old mosques, shrines, religious places
and charitable organisations as well as all such waqfs whose founders or even nominated
412 patrons had died, provided that they were not family waqfs.
The ministries, through the department of awqaf, were not only managing waqf’s affairs
but were also responsible for the upkeep and maintenance of the waqf assets. The
department headed by a chief administrator is taking care of thousands of mosques, shrines
and charitable organisations (Ewing, 1983). In addition, many religious and welfare
organisations are also working under the department which include ulama academy,
hospices at several shrines, libraries and a host of charitable organisations but no HEI.
Despite having annual budget running into millions of Pakistani rupees, the awqaf
department does not play any significant role in the provision and sponsoring of higher
education in the country, and it appears this responsibility has been voluntarily undertaken
by private waqf, which has set many precedents in this regard.

1.2 Legal framework for waqf

The waqf assets that are controlled and centralised by the government are considered to be
public waqf, while the waqf managed by a private individual or organisation is referred to as
private or decentralised waqf (Ambrose et al., 2015; Çizakça, 2000). In Pakistan, the not-for-
profit sector encompasses many diverse organisations engaged in works of public good. It
includes traditional waqf institutions, which are similar to non-governmental organisations
(NGOs) and community-based organisations registered as societies or welfare institutions,
yet a large portion of the not-for-profit sector still remains informal. Hence, many waqf or
welfare institutions remain unregistered.
Legally speaking, the private awqaf in Pakistan is treated as a non-profit organisation
(NPO) with 65.4% of waqf and charity institutions registered under the Societies
Registration Act, 14.6% as divergent and the rest of 20% remain unregistered (Vardag,
2012). Besides the Societies Act, there are two other legal options available for waqf
registration, the Trust Act, 1982, and Section 42 of the Companies’ Act, 1984, of the
Securities and Exchange Commission of Pakistan (SECP). The SECP is a regulatory agency
whose original objective is to help develop an efficient corporate sector in the country, but
additionally it registers all not-for-profit charity organisations including waqfs as well.
1.2.1 Tax exemption for waqf institutions. Waqf institutions are entitled to collect
donations and avail themselves of a certain level of tax exemptions. Only donations are
potentially exempted from taxes provided that the funds are used solely in the furtherance of
the charity’s objectives. No exemption is granted on the waqf income such as property, capital
gains and waqf proceeds. An organisation has to apply directly to the ministry of finance to
claim an exemption [3]. For a waqf institution to be able to take advantage of these benefits, it
must register itself with the Federal Board of Revenue (FBR), Government of Pakistan. The
ministry then accords a provisional approval for tax exemption for three years only;
henceforth, the institution has to apply again after the end of that period. The approval is
conditional with a certificate issued by the Pakistan Centre for Philanthropy (PCP), which:
[. . .] conducts performance evaluation of NPOs including private waqf institutions on behalf of
FBR and certifies that either (or not) the waqf institution meets the desired requirements of
certification standards (notified by FBR) in the areas of internal governance, financial
management, and program delivery.
The PCP was established by the FBR in 2001 as the only body authorised to issue Funding
certificates to NPOs and waqf institutions. Hence, all the waqf institutions need to register higher
with the SECP and get a certificate from the PCP as well to be able to avail themselves of
FBR’s tax exemptions. Without registering with the SECP, a waqf institution cannot get a
education
certificate from the PCP and without this certificate, it cannot avail itself of tax exemptions. through waqf

1.3 Methods
The research paper has used qualitative research method and used open-ended interviews
413
with selected private waqf institutions as a primary source of data in addition to archival
records, documents and library sources. Using purposive sampling, only the awqaf for HEIs
(Table 1) have been selected which are registered as a waqf.
This paper is based on the views of 11 participants who are actively involved in waqf, its
raising, management and income utilisation, and is divided into three subcategories:
(1) higher educational waqf institution personnel;
(2) personnel of waqf regulatory bodies; and
(3) Shari’ah and legal experts.

The interviews with three waqf Mutawallis, three waqf managers, two personnel of
Ministry of Awqaf and three waqf practitioners were conducted between July and October
2016 and used a semi-structured (open-ended) protocol.
All participants were found to have a strong passion for waqf and were thereby fully
capable of providing useful insights and explanations. Prior to the interview, a copy of
the interview guidelines with synopsis of the research was mailed to the participants.
The interviews were conducted in a congenial atmosphere. Every interview session was
started after taking consent from the participant concerned and lasted 1–2 hours each.
All the interviews were conducted face-to-face and a digital recorder (Sony IC recorder
ICD-PX440), was used to help corroborate accuracy as well as interview transcription,
coding and analysis. Furthermore, various verification strategies were used to check
accuracy of the data and information collected including “member checking” and
“multiple data sources” which determined the accuracy and credibility of research
findings gained from multiple collections of evidence (Creswell, 2012). The process
continued with analysis of transcripts and data using manual coding and re-coding by
the researchers. The interviewees are coded as P1-P3 (Mutawallis), P4-P6 (Managers),

Waqif HEIs Waqf entity

Hakim Mohammed Said Madinat al-Hikmah Hamdard Laboratories waqf,

(Shaheed) Hamdard University Pakistan
And various other HEIs
Mr Ebrahim Ahmed Bawany Aisha Bawany Degree College Begum Aisha Bawany
and Aisha Bawany Academy Educational and Welfare Waqf
And various HEIs
Maulana Tufail Ahmed Tablighi College Darul Tasnif (private) Limited
Farooqi Nursing School
Law College
Murshid Hospital
Table 1.
Source: Compiled by researchers Selected waqf cases
IMEFM P7-P8 (Personnel of Ministry of Awqaf) and P9-P11 (waqf practitioners), to represent
14,2 the opinion of the participants.
As discussed earlier, public awqaf does not make any significant contribution to higher
education; therefore, this paper focuses on private awqaf in Pakistan as illustrated by P7
who stated:
To date, the ministry of awqaf does not involve itself in any university or HEI development
414 programme. However, they have been supporting a few Madrassahs (seminaries) under Pakistan
Madrassah Education Board since 2001. Besides, the ministry is also responsible for pilgrimage
beyond Pakistan, such as Umrah and Hajj, etc.
Contrary to public awq
af, the role of private awq
af is much greater in HEIs funding. Hence,
all three cases involve private awq
af and are declared as waqf. As this study is qualitative, it
is more focused on narrative and description style using thematic analysis and does not
stress statistical information in selected cases. The findings reported in this paper in the
following section have been gleaned from the three selected waqf case studies carried out in
Karachi, Pakistan.

1.4 Higher educational waqf institutions in Pakistan

The Government of Pakistan had been fully cognizant of the important role the waqf and
charity institutions played in society since the inception of the country in 1947. The
government, therefore, invited this sector to help it in provision of health care, education
and other facilities to public during the initial difficult years of the nascent country.
According to P4:
When Pakistan came into being, the fledgling government made a special appeal to 22 wealthy
families and business tycoons to lend it a helping hand by establishing waqf and charities in
health and education sector as the new country suffered serious financial constraints and could
not provide such facilities at that time. To encourage philanthropy, the government facilitated
individuals and organisations and allotted them real estate properties.
Though the government’s appeal was directed to the richest families of the country, but
gradually many religious leaders, politicians, businessmen, visionaries, alumni and
entrepreneurs also came forward and generously and devotedly contributed to this sector.
The government finally designed structure and framed laws for the waqf for HEIs taking
inspiration from formal well established waqf institutions of India such as Aligarh Muslim
University, Darul Uloom Nadwatul Ulama (Islamic University) and Darul Uloom Deoband.
The Pakistan Government used the Societies Act, the Trust Act and the Companies
Ordinance to register and regularise the private waqf institutions. Hence, Hakim
Mohammed Said declared his Hamdard Laboratories Pakistan as waqf in 1953 and
registered the entity as Hamdard Foundation Pakistan under Societies Act, 1860, on
23rd October 1969; Begum Aisha Bawany Educational and Welfare Waqf was registered
under the Trust Act, 1882, in 1953, and Darul Tasnif (private) Limited and Indus Hospital
were registered under the Companies Ordinance, 1984 (Section 42).
The three laws – Trust Law, Societies Act, Companies Ordinance – offer different
advantages and disadvantages for the waqf institutions. Though, in prevailing conditions,
P8 contended that waqf should be registered under Section 42 of Companies Ordinance. The
waqf institutions like Darul Tasnif (private) Limited and Indus Hospital, Karachi, are
registered under Section 42 of the Companies Ordinance and work as independent
organisations. This law is beneficial for the institution that wants to take its own decisions
and make its rules and regulations by itself. The law declares the waqf as an autonomous
body either held publically or privately. P8 says the Section 42 of the Companies Ordinance Funding
ensures: higher
The assets cannot be diverted to any other object. Enactments are not perpetual but the Section 42 education
of the Companies Ordinance ensures perpetuity, independence, and sustainability. through waqf
The other most important advantage this law offers, as pointed out by P9, is that in case the
government decides to nationalise or centralise a private waqf or charity institution
registered under Section 42 for any particular reason, it cannot divert the use of its funds or 415
assets to any other objective than the one they are originally meant for.
1.4.1 Hamdard laboratories waqf, Pakistan. The founder of Hamdard University, Hafiz
Hakim Mohammed Said Shaheed, migrated from India to Pakistan in 1947 and soon made
friends with the likes of Jamshed Nusserwanjee Mehta, the first elected mayor of Karachi,
Syed Miran Mohammad Shah, then speaker of the Sindh Assembly, who shared his passion
for philanthropy. P1 illustrated that Hakim Said as he was always called in his life used to
say that he just needed moral support from people in his welfare works. He established
Hamdard Dawakhana in 1948 inside a small shop in Karachi. It was initially only a herbal
clinic but gradually grew to become a fully fledged herbal medicine industry called
Hamdard Laboratories Pakistan that was later declared as waqf by Hakim Said and
renamed as Hamdard Laboratories (Waqf) Pakistan in 1953. Hamdard Laboratories offers
services in healthcare and produces herbal medicines. It has more than 500 herbal drugs
(syrups, semi-solids and solids) which are manufactured in line with principles of the Greco-
Arab system of medicine which is commonly called Unani. Hamdard has a team of over
1,500 employees across the country, including physicians, doctors, scientists, pharmacists,
technicians and other skilled and unskilled personnel (Brand Management, 2014). P4 says
that majority of the profit earned by Hamdard Laboratories is called “Qaumi Income” and
goes to the Hamdard Foundation Pakistan (HFP) which uses it in sectors of education,
health care and other works of public good. “Hamdard” is a compound of two Persian words;
Hum and Dard. The prefix “Hum” stands for “those who share”, and the suffix “Dard”
means pain. Taken together, Hamdard means someone who shares somebody’s pain. For
example, if you share my pain, you are my Hamdard.
The Hamdard Laboratories initiated and successfully run a great many charitable
projects from 1953 to 1968. These activities were administratively separated from Hamdard
Laboratories on 1st January 1964 after the establishment of Hamdard Foundation Pakistan
(HFP) (Hayat and Naeem, 2014). Since then, the Hamdard Foundation has been involved in
various charitable activities, which are expanding rapidly and systematically by each day.
The body i.e. HFP was, however, registered under the Societies’ Act XXI of 1860 on
23rd October 1969. P1 added:
We have been working for last more than one hundred years on waqf.
Hakim Mohammed Said purchased a 350-acre tract of land and donated it to the Madinat
al-Hikma (A City of Education, Science, and Culture), which was a culmination of the dream
he cherished all his life. Madinat al-Hikma is called a city because it comprises a Hamdard
Village School, Hamdard School, Hamdard College, Hamdard University and various
research institutes under one roof. Being a major beneficiary of waqf income, Hamdard
University along with various other HEIs and research centers have been developed from
funds generated by Hamdard Laboratories (Waqf) Pakistan. P4 points out that the
developmental cost of Hamdard University was borne by Hamdard Laboratories (Waqf)
Pakistan through the Hamdard Foundation, while the university is self-sufficient in
operational expenses.
IMEFM 1.4.2 Begum Aisha Bawany educational and welfare waqf. Besides individual contribution
14,2 to waqf like that of Hakim Said, there are a number of communities and wealthy families who
have also generously donated to the HEIs. Among them, the Memon community is at the
forefront. Majority of the members of this community are in various trades and businesses, and
they live their lives according to the community’s motto “earn to give”. This is a genuinely
charitable community, which is further divided into many castes and sub-castes. Adamjee,
416 Lakhani, Dadabhoy and Bawany are some of the famous castes in the larger Memon community
because of the great role they have played in HEIs development (A Hameed Tayyab Suriya,
2011). Perhaps Bawany is the most generous among them looking at the size of the contribution
this family has made to the waqf development. The name Bawany means “of or belonging to”
Bawa, an honorific title bestowed on the head of the family in recognition of his honesty and
hard-work when the family lived in Jetpur, India. After partition, the family moved to Pakistan.
The Bawany family was among the 22 wealthy dynasties to which the government had initially
appealed for cooperation, and it had established a waqf institution for educational purposes. As
P4 states that:
Begum Aisha Bawany Waqf was established in 1953 in memory of (Late) Mrs. Aisha Ahmed
Bawany, for serving the noble cause of Islam in various fields of human welfare, including higher
education. Mr. Ibrahim Bawany, the father of a present Trustee/Mutawalli initiated the waqf and
named it after his mother. It is a family waqf and doesn’t receive any donations.
The Bawany family has major stakes in various businesses such as sugar, leather, textiles,
jute, particle board, oxygen, garments, cables and tanneries. They are considered as
business tycoons and one of richest families of Pakistan having various firms including
Latif Jute Mills, Bawany Sugar Mill, Farhan Sugar Mill, Pioneer Cables, Bawany Air
Products Limited, Al-Noor Textile and Bawany Metals. The charitable family has devoted
10% of its profits to waqf institutions in the name of Allah. The total annual expenditure of
these businesses comes to approximately two million PKR (Rifat Ahmed, 2016). P4
explained that zakat and other kinds of charities are also donated to the waqf institution, but
these are distributed only among the recipients who are legally entitled to zakat.
The Bawany family established the Aisha Bawany Academy in 1960, which initially
comprised only primary and secondary schools for boys and girls. In 1962, a degree college
was also added to the academy. To some extent, P5 says, the Aisha Bawany Waqf also
helped establish several prestigious HEIs across Pakistan. Hence, despite being only a
family waqf, Bawany Waqf Institution contributes to many HEIs (A Hameed Tayyab
Suriya, 2011). Following are some remarkable examples of the family’s generosity:
 Aisha Bawany Academy;
 Ahmed Bawany Academy;
 Hussain Ebrahim Jamal Institute of Chemistry-Karachi University;
 Dawood Engineering College;
 Rounaq-e-Islam Girls College;
 Usman Institute of Technology;
 Hashmani Post Graduate Eye Institute;
 Memon Institute of Data Processing; and
 Adamjee Institute of Information Technology.

In addition to contribution to HEIs, the Bawany Waqf extends monetary help to the poor
and provides financial assistance for the construction of mosques, various religious, social,
cultural and educational institutions, establishment of special units in hospitals and Funding
community welfare centres across Pakistan. P5 mentioned that in times of natural calamities higher
and national emergency, the waqf provides all possible assistance to the afflicted. Bawany
education
Waqf has distributed thousands of copies of the Holy Qur’
an and a substantial quantity of
clothes, medicines and other material among the deserving and the needy across the through waqf
country. The last but not the least of the Bawany Waqf’s welfare activities is its role in the
propagation of Islam all over the world. To play its part in the noble cause, the waqf 417
disseminates Islamic literature free of cost in various languages. It has published more
than 50 books containing a treasure trove of knowledge on Islam for Muslim as well as
non-Muslim audience by presenting a comparative study of the religion. The waqf
institution is also publishing a monthly magazine “Muslim News International” for about
15 years which has a wide circulation in Pakistan and abroad.
1.4.3 Darul Tasnif Waqf. Maulana Tufail Ahmed Farooqi, founder/waqif of Darul
Tasnif, who claimed his descent from the second rightly guided caliph Hazrat Umar bin
Khattab (may Allah be pleased with him), migrated to new homeland of Muslims, Pakistan,
after its creation in 1947, and applied to the government in 1950 for allotment of property in
compensation for whatever he had left behind in Saharanpur, India. Fortunately, the
government allotted to him a small piece of land, and the moment he took possession of it, he
donated it to his institute, Darul Tasnif, and established a waqf to run its affairs.
According to P6, Tasnif means “writing” and “composing” and the word is also used to
refer to the act of compiling different facts on a subject. It was then decided that the newly
established waqf institute would be named as Darul Tasnif, he said. This was a unique
experience, a waqf as well as a company, which offered welfare services in health care,
education and works of public good. Under this institute, the founder first brought out a
magazine ‘Al Yaqeen’ and undertook translation of the Qur’
an as well as its rendering in
roman Arabic. The objective of rendering the Arabic in roman was to enable modern
educated persons, who found it difficult to read Arabic text, to read the Qur’
an with the help
of roman alphabet. He accomplished the task in 1951.
The interesting fact about the establishment of the institute is that the founder had
originally wanted to get his magazine registered with the authorities concerned, and for this
purpose, he had first established an institute. He convened a meeting of his disciples and
explained to them that he was about to receive a piece of land and planned to declare it as
waqf for the institute, which was at that time in gestation stage. P3 said:
He said that the envisaged institute would be a laboratory of Islam where students would be
taught how to practice Islam without compromising its essentials and losing its spirit. The
institute would produce scholars who would be well versed in both traditional Islamic knowledge
and modern sciences.
For that reason, he gathered his disciples and informed them about the salient features and
objectives of the proposed institute and offered the disciples to become shareholders in the
proposed waqf company. He then established the institute and had it registered with the
SECP as a “private limited company”. As pointed out by P6, SECP believed it was the first of
its kind waqf institute in the country which was welfare and charitable organisation as well
as a private company. The SECP had advised to get the institute registered as a “trust” with
the SECP, but the founder (waqif) did not agree to the idea as he had very strong arguments
against it. Once when PCP officials objected to the SECP’s issuing tax exemption certificates
to a private waqf company, the SECP chairman gave them an answer, which recognised the
good work the institute was engaged in. P3 quoted him as saying:
IMEFM You are just looking at a pile of papers which say that it is a private company but we have been
examining their accounts for decades and we, therefore, know they are doing a noble work as a
14,2 waqf institution.
To remove any ambiguities which may have arisen in future as well, the SECP chairman
issued an official letter for the institute with this note that despite “being a public company
Darul Tasnif can work as a charitable and waqf organisation”. P6 further explains that the
418 law allows a private limited company to work as a waqf provided that its directors do not
draw salary from the company’s earnings, which will be exclusively spent on the
organisation. Darul Tasnif has various charity ventures besides HEIs such as Murshid
Hospital with Nursing School, Law College, and a technical college. The Murshid Hospital
has a little different structure from the college’s, though it too comes under the waqf
institute. The hospital has a separate board of governors which takes care of its affairs and
run the facility on the basis of no profit no loss. It spends whatever it earns and charges only
the fee that is spent on patients’ treatment.

1.5 Waqf raising

Based on findings of the research the waqf-raising can be divided into two broad categories.
Internal sources, which means the funds are raised internally, i.e. inside the waqf institution,
and external sources; that means the funds are received from outside the waqf institution.
Both the sources are important for making the institution self-sufficient and help it meet its
operating expenses.
Table 2 demonstrates waqf-raising sources in selected cases. These awqaf are
meeting their needs from waqf income to a large extent. The waqf for HEIs in Pakistan
has evolved over seven decades with many individuals, religious leaders, business
tycoons or business families putting in their share. The waqf mostly generates income
from various business ventures such as Hamdard Laboratories Waqf Pakistan, Bawany
family businesses and Jaffar Group Limited and contributes to HEIs, health care and
well-being of society. Thus, their internal sources are large enough to bear operational
and developmental expenses. However, Table 2, further exhibits that Darul Tasnif
Waqf limited received support from the government in 1984 in the development of
Nursing School and health-care centre. Otherwise, the waqf institutions are self-
sufficient to meet their own expenses. These waqf institutions are independent and
contributing significantly to HEIs funding.

Case studies Internal sources External sources

Pakistan
Hamdard Waqf  Hamdard Laboratories (Waqf) Pakistan’s Income  NA
 Rental
Aisha Bawany  Bawany Family businesses’ Income  NA
Waqf  Advertising services income
 Rental
Darul Tasnif Waqf  Jaffer Group Limited  Government support 1984
 Annual fund from BoD 4m PKR
 Rental  Cooperatives: CSR funding
Table 2.
Waqf raising sources Source: Compiled by researchers
1.6 Waqf management Funding
Table 3 displays the waqf management in selected cases for HEIs in which waqf owns vast higher
pieces of land; commercial, residential and real estate. In financial assets, they have prudent
investment strategies to invest in securities, stocks, Sukuk and long-term fixed deposits. To
education
a certain extent, they also develop hospitals and provide health-care services. Most through waqf
importantly, they have some business ventures in the form of herbal products
manufacturing and advertising services, etc. The table illustrates that internal sources and
419
business ventures are very crucial for a waqf institution’s sustainable development.
Table 4 represents waqf income utilisation in the selected cases. The facts and figures
show that the selected cases are successfully catering to developmental and operational costs
of their HEIs from the waqf income including Madinat al-Hikmah, Hamdard University,
Bait al-Hikmah Library, Aisha Bawany Degree College and Academy, Tablighi College,
Darul Tasnif Law College, Murshid Hospital and Nursing School. Furthermore, the waqf also
supports academic activities with merit-based and need-based scholarships, grants for
projects and other HEIs. Darul Tasnif, in addition, is also providing accommodation,
transportation and daily meal as well as medical facility to its students as well as
underprivileged people of society.

1.7 Discussion and policy implications

It has been ascertained that waqf is one of the successful Islamic social finance institutions
for financing HEIs in Pakistan. The study confirms that the waqf can prove to be an
alternative source for funding HEIs whether it is centralised under government or is
privately held. Waqf assets mostly comprise real estate properties though in today’s age,
cash waqf is more beneficial and flexible in utilisation for undertaking any venture like
building universities. It has been noted that the cash waqf has not so far received the
attention it deserved in Pakistan. However, the waqf has been financing different goods and
services in different countries without depending on government’s budget (Haneef
Mohamed et al., 2015; Ismail Abdel Mohsin, 2013; Shabbir Malik, 2018). Traditionally, Al-
Azhar, D
ar al-Hikmah and Al-Ni
z
amīyah offer shining examples of waqf HEIs (Mahamood
and Ab Rahman, 2015). These HEIs’ were receiving operational and developmental
expenses from the income of various waqf properties and played a significant role in the
socio-economic development of Muslims (Mohd Thas Thaker and Allah Pitchay, 2018).

Case studies Real estate assets Financial assets Businesses

Pakistan
Hamdard Waqf  350-acre land  Fixed long-term deposits  500 herbal products
 Commercial buildings  Securities and stocks  Hamdard hospitals
 Herbal farms  Sukuk
 Royalty
Aisha Bawany Waqf  Multipurpose 12-storey  No  Advertising services
building  Publishing house
 Commercial buildings
 Residential buildings
Darul Tasnif Waqf  34-acre land  NIT investment fund  Murshid Hospital
 Fuel station  Fixed deposit in IFIs  Publication house Table 3.
 Residential buildings  Farming Waqf assets
 Commercial buildings management
IMEFM Operational
14,2 Case studies Development expenditure expenses Academic support

Pakistan
Hamdard Waqf  Madinat al-Hikmah  Sufficient  Scholarships
(City of Education, Science and  Merit-based
Culture)  Need base
420  Hamdard University  Journals publications
 Bait al-Hikmah library  Research and Development on
herbal products
Aisha Bawany  Aisha Bawany Degree College  Sufficient  Local and International
Waqf  Aisha Bawany Academy Scholarships
 Merit-based
 Need-based
 For other HEIs (IBA, SZIC)
 Medical facilities
 Students
 Staff
Darul Tasnif  Tablighi College  Sufficient  Full Scholarship program
Waqf  Murshid Hospital and Nursing  Transportation
School  Accommodation
 Law College  Daily Meal
 Madarssa Taleem ul Islam  Medical facilities
Table 4.  Students
Waqf income  Underprivileged people of
utilisation the society

Hence, it is proved the waqf is an Islamic social finance institution that provides the best
features as an alternative fiscal instrument to provide public goods, including HEIs.
Therefore, this research recommends that waqf as an Islamic social finance and social
security institution requires proper regulations and management to avoid risks of
inefficiency and mismanagement. Therefore, a country’s robust laws and regulatory
framework are imperative for public and private waqf management, separately (Kader
Sharifah Zubaidah Syed and Mohamad Nor, 2019; Nik Ahmad Nik et al., 2019). The waqf
institution should be exempted from all forms of taxes to ensure expansion of the waqf
institutions for socio-economic development. Currently in Pakistan, tax rebate is allowed
only on donations, which should instead be given on overall income and expenses of the
waqf institution, i.e. utilities, real assets and business activities. The waqf institutions and
their different departments have to be integrated with new information technologies (IT) as
clients (waqf institutions) have to transfer information from one institution to another
manually. Hence, IT can help improve efficiency and reliability and create an easily
manageable and secure database. Public officers should be aware of the concept of waqf and
be supportive in enforcing and regulating laws that facilitate waqf institutions’ noble cause.
There is a greater need today to take effective measures through all media platforms to
create awareness about the waqf and its welfare activities in society and introduce waqf as
part of the third sector in educational curriculum at primary and secondary levels.

1.8 Conclusion
The research concludes that in Pakistan, both public and private awqaf are viable but the role
of private awqaf is greater and is therefore considered as a part of the not-for-profit sector. As
the country has no specific legislation and regulatory authority for private waqf, the privately Funding
held awqaf have to turn to other legal frameworks to get recognised as legitimate entities. They higher
are thus registered as a society, trust, foundation or a limited company. Initially, these waqf education
institutions were established by humanitarians, educationists and religious leaders. Thereafter,
business tycoons and communities that are less dependent on external sources played an
through waqf
important role in the development of waqf. The waqf institutions mostly focus on internal
sources and waqf income to meet their expenses and have firm guidelines at their disposal for 421
investing in real estate, financial sector and various other businesses. Waqf uses the income on
developmental and operational expenditures, and support academic activities of students and
staff. It also supports other HEIs and research agencies. It is, therefore, a forgone conclusion
that for an established waqf institution’s sustainable development, perpetual waqf income and
business ventures are extremely crucial.

1.9 Future research directions

The study makes some recommendations for future research as given below:
 From Sharī’ah’s perspective, the role of waqf institution as a legal entity needs to be
explored further and understood.
 From the society’s perspective, a study can be conducted to investigate and explore
how to create awareness among people about waqf institution. What are the factors
that may help encourage society to contribute to waqf HEIs?
 Unlike Islamic banking, many scholars consider waqf as a secondary issue; thus, the
research and development on waqf have not received the attention it deserves.
Therefore, studies should be conducted on waqf financing, management and
development in other countries to learn from their experiences and broaden
perspective on waqf.
 The study’s findings point out to research gaps regarding waqf regulations in
Pakistan. Therefore, there is a need to fill in the lacunas and decide how a legal
framework can be developed to regulate different waqf entities in line with Sharī’ah
and legal requirements of the country.

Notes
1. Muhammadan Law-Waqf-Settlement on a Man and His Descendants-Perpetuity-Aulad Dar
Aulad-Warrasan, Bombay Court,1873 (10), BHCR 007 Abdul Ganne Kasam and others v Hussen
Miya Rahimtula and others (1873).
2. The Indian Independence Act 1947 (1947 c. 30 (10 & 11. Geo. 6.).
3. Income Tax Ordinance, 2001 and The Income Tax (Amendment) Act, 2016.

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About the authors

Muhammad Usman recently completed his PhD from the Department of Shariah and Economics,
Academy of Islamic Studies, University of Malaya, Kuala Lumpur, Malaysia. Previously, he has a
Master in Applied Sciences (M.A.S) in Economics from Applied Economic Research Centre,
University of Karachi, Pakistan. His areas of interest are social and behavioural sciences including
not-for-profit organization, faith-based organizations, Islamic Economics and finance and especially
the institution of waqf. He has published several of his research articles and book chapters in the
nationally and internationally recognised refereed journals and presented his research findings at
various international conferences. At present, he is associated with the College of Economics and
Social Development (CESD), Institute of Business Management (IoBM) as an Assistant Professor in
the Department of Economics. Muhammad Usman is the corresponding author and can be contacted
at: muhammad.usman@iobm.edu.pk
IMEFM Asmak Ab Rahman is currently an Associate Professor at the Department of Shari’ah and
Economics, Academy of Islamic Studies, University of Malaya. Her areas of specialization are
14,2 Takaful, Islamic Economics, Islamic Law and Waqf. She has been teaching at the University of
Malaya since 2005. She has published a few books (which also includes chapters in books), and she
has also published some of her works in the internationally recognised refereed journals such as Arab
Law Quarterly, Humanomics, Journal of Islamic Marketing, International Journal of Islamic and
Middle Eastern Finance and Management and Jurnal Syariah. She has presented papers at local and
424 several international conferences. She has been awarded several government and university research
funds as a principal investigator and co-investigator such as LRGS, FRGS and UMRG.

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