# Waqf Beneficiaries

Waqf Beneficiary or Waqf Beneficiaries Arabic: مصارف الوقف: This refers to the identification of beneficiaries from the waqf across its three categories (charitable, familial, and joint). These beneficiaries are determined based on the conditions set by the waqf donor. The management of the waqf fund prepares the necessary studies for charitable waqf projects and designs them in a way that meets community needs and fulfils the donors' conditions in accordance with Sharia guidelines. It also promotes charitable work at both individual and collective levels. The beneficiaries vary from services related to the Quran and Sunnah, the care of mosques and orphans, among others, based on the Sharia guidelines established by scholars.

## Individual Definition

Waqf Beneficiaries: These are entities where waqf assets are disbursed. They are specific accounts that collect funds from the waqf donors for a defined purpose, whether for specific or general charitable works. They have administrative, legal, and accounting organization and possess legal personality, similar to the waqf itself. Alternatively, they are the fields and entities that benefit from the waqf assets in accordance with the conditions set by the waqf donors.

## Compound Definition

Waqf Beneficiary: This refers to identifying the beneficiaries of the waqf, whether they are specific entities or unspecified groups such as the poor and needy. The waqf can be charitable, familial, or joint. The beneficiary is determined based on the conditions set by the waqf donor.

## Tasks of Waqf Beneficiaries Management

* Preparing the necessary studies for charitable waqf projects and designing them in a way that meets the needs of the community and fulfils the conditions of the waqf doners in accordance with Sharia regulations.
* Studying charitable projects submitted by other entities and formulating them to align with the waqf donors' conditions and the objectives of waqf funds.
* Marketing charitable waqf projects to those interested in endowment or donation, welcoming them, and establishing means to ensure communication with them.
* Raising awareness about waqf and working to enhance waqf consciousness among individuals and institutions in the community.
* Implementing and following up on charitable waqf projects and striving for these projects’ improvement.

## Goals of Implementing Waqf Beneficiaries

* Promoting Islamic charitable work at the individual, collective, and international levels.
* Achieving the principle of solidarity within the Muslim community and fostering balance in society.
* Assisting those in need and improving their financial situation to meet their needs and elevate their living standards.
* Strengthening bonds of compassion and love between the wealthy and the poor, encouraging the wealthy to meet the needs of the less fortunate in society.
* Upholding the practice of waqf, highlighting its role, and ensuring the proper allocation of waqf funds to their rightful beneficiaries to achieve the waqf benefits. This increases the impact of waqf in the hearts of people and spreads its goodness.
* Generalizing the benefit, expanding its scope, increasing its categories, and diversifying its fields—known as extending the benefits of waqf rather than limiting them to specific individuals or fields.
* Strengthening the sense of community belonging among members of society, a feeling that includes both the donor and the beneficiaries.
* Implementing the conditions set by the waqf founders in the waqf deeds.

## Types of Waqf Beneficiaries

* Waqf for the Service of the Holy Quran and the Sunnah.
* Waqf for the Care of Mosques.
* Waqf for the Care of Families and Childhood.
* Waqf for Scientific and Cultural Development.
* Waqf for Charity and Piety.
* Waqf for Health Services.
* Waqf for Humanitarian Services.
* Waqf for Public Utilities.
* Waqf for Unemployment Relief.
* Waqf for Environmental Protection.
* Waqf for Political Aspects and Human Rights.

## Issues in Implementing Waqf Beneficiaries

* Control over the Management of the Waqf Donor.
* Inflexibility of Waqf Beneficiaries.
* Measurement and Performance Monitoring.
* Lack of Documentation.
* Deviation from Correct Objectives.
* Increased Administrative Spending Rates.
* Embezzlement and Misappropriation.

## Determinants of Waqf Beneficiaries
### First: The Condition of the Waqf Donor

This refers to what is implied and included in the wording of the waqf, which includes the rules set by the waqf donor, detailing its beneficiaries, methods of utilization, identification of entitled parties, and how the proceeds should be distributed to the beneficiaries, as well as clarifying the authority over the waqf, the waqf expenditures, and so forth. It has been established that Omar ibn al-Khattab made a waqf and set conditions for it; if following his conditions were not required, there would be no benefit in his stipulations. It is said that (the conditions of the waqf donor are considered as long as they do not contradict Islamic law, and since the waqf donor is the owner, they can allocate their property as they wish, provided it does not involve disobedience). Ibn Qayyim supported this by stating that the waqf donor did not release their property except for a specific purpose, thus it is necessary to follow what they have defined in the waqf.
Scholars often express the extent to which Sharia considers the conditions of the waqf donor by saying, "the conditions of the waqf donor are akin to the text of the Sharia." There is a disagreement among scholars regarding the meaning of this phrase, but they agree that the implementation of the donor's conditions is valid as long as they do not contradict Sharia. If they violate the fundamental principles and rules of Sharia, they are not to be considered.

### Second: The Custom of the Donor (Waqif)

Custom is considered one of the means to understand the waqf donor's intended meaning from the wording used. Sheikh al-Islam Ibn Taymiyyah stated that "the term 'waqif' and the terms of the one who swears, intercedes, or bequeaths, as well as any contractor, are interpreted based on their customary speech and the language they use, whether it aligns with classical Arabic, colloquial Arabic, or any other language, and whether it corresponds with the language of the legislator or not." The majority of scholars have agreed on the necessity of considering the custom of the donor and their intent in speech.

### Third: The Objectives of Donors

Scholars have agreed on the importance of considering the conditions of the donor. If the donor's intent is made clear through their wording, it must be acknowledged and adhered to. If the intent is unclear, the interpretation should revert to custom. If no established custom exists, efforts should be made to discern the donor's intent from circumstantial evidence.

## Obstacles to Waqf Beneficiaries

* Preventing beneficiaries from utilizing the waqf without justification.
* Changing beneficiaries in violation of the conditions set by the waqf donors.
* Submitting false information about the revenues of waqf resources.
* Theft, looting, and embezzlement of waqf revenues by employees.
* Deliberate disruption of benefits by selling waqf properties at undervalued prices or renting them at low rates.
* Acquisition of waqf assets under the pretext of replacing the waqf.

## Overcoming Obstacles to Waqf Beneficiaries

* Establishing a scientific center for wills and waqfs with the following objectives:
* Attracting new waqfs: conducting ongoing and sophisticated media campaigns using contemporary language to attract new waqfs for charitable causes in the community.
* Conducting statistical surveys: performing comprehensive and scientific assessments of the community’s needs from various legal, social, educational, health, environmental, agricultural, and other aspects.
* Introducing new waqf beneficiaries: proposing new types of waqf beneficiaries that the community requires in the long, medium, and short term, and marketing them according to established scientific and commercial marketing principles.
* Prudent management of waqf beneficiaries.
* Establishing clear accounting policies and procedures.
* Controlling administrative costs.
* Proper organization of the tasks and requirements for those in charge of the waqf.
* Activating the supervisory role over the actions of the custodian.
* Granting legal personality to the waqf.
* Conducting economic studies for waqfs.