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A Socio-Legal Inquiry Into Management and Development of Awqāf in Bangladesh: Challenges and Prospects

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A Socio-Legal Inquiry Into Management and Development of Awqāf in Bangladesh: Challenges and Prospects A SOCIO-LEGAL INQUIRY INTO MANAGEMENT AND DEVELOPMENT OF AWQĀF IN BANGLADESH: CHALLENGES AND PROSPECTS BY MD FAZLUL KARIM A thesis submitted in fulfillment of the requirement for the degree of Doctor of Philosophy in Law Ahmad Ibrahim Kulliyyah of Laws International Islamic University Malaysia NOVEMBER 2016 ABSTRACT This research is an attempt to respond to the pressing needs to revive and explore the prospects of awqāf in Bangladesh that has not been seen in any published doctoral dissertations on this area in the last few decades. awqāf in Bangladesh represents a sector with huge potentials for welfare oriented developments and the benefits of unprivileged section of the population. Aligned with its specific research objectives the study seeks to explore the challenges that the waqf administration in the country is now facing. Several research hypotheses were set questioning the suitability of the Waqf Ordinance 1962, which has been thoroughly examined. These were set in order to check for any possible lacuna and loopholes that may have led to handle the administration and management of the waqf institutions inefficiently in the country in question. Relevant data were collected for the analysis of both from primary and secondary sources, and existing relevant literatures have been reviewed. This study seeks to demonstrate that despite huge potentials and prospects for welfare based developments, awqāf in Bangladesh remained largely untapped for diverse challenges consisting legal and administrative hurdles. Attempts are also made in this study to explore the extent of serious lacking in efficiency mainly in matters related to the administration and management of waqf in Bangladesh that have led waqf properties and assets to remain open to misuse and mismanagement. This includes inter alia, shortage of competent personnel to administer waqf entities, illegal occupation of waqf properties, leasing and renting of waqf properties at a lower rate, and misappropriation of waqf funds. As a result, the institution of waqf in Bangladesh faces a stagnant situation due to which many waqf properties remained underutilised or even idle generating no yield. The study argued that the present legal and regulatory framework is inadequate for the proper development of waqf, and as such an appropriate legal framework would pave the way for exploiting the fullest potentials of awqāf. This research finds that there is a pressing need to work on reforming and developing the waqf establishment in Bangladesh from legal and regulatory framework as well as the administrative set up of the waqf administration, which is expected to contribute as stepping stones for further research and stimulate future researchers to come up with innovative ideas for the developments of awqāf in Bangladesh. The research also suggests ways to resolve issues related to effective management of awqāf in Bangladesh jurisdiction. Given that, the role of awaqf in poverty alleviation and prospects for cash waqf in Bangladesh has been duly pointed out. This study provides valuable policy recommendations which are expected to be useful to the appropriate policy makers in their efforts to administer and manage these important institutions efficiently and sustainably. It also recommends ways for revitalising awaqf such as enacting a new Waqf Act, developing urban waqf, introducing waqf bond, collaborating with other Muslim countries, establishing a national waqf advisory board, educating mutawallis and providing them appropriate training, enhancing staff benefits, establishing waqf tribunal, conducting a national waqf survey, establishing a shari`ah board, investing waqf properties in real estate and commercial building, developing statistics/database for the family waqf, democratising and decentralising waqf administration, setting-up guidelines and legislations for managing darghas and takias, initiating cash waqf policy, developing Mosques properties, and establishing research divisions. ii iii APPROVAL PAGE The thesis of Md Fazlul Karim has been approved by the following: _________________________ Syed Khalid Rashid Supervisor _________________________ Muhammad Abdurrahman Sadique Co-supervisor _________________________ Sharifah Zubaidah Syed Abdul Kadir Internal Examiner _________________________ M. Afzal Wani External Examiner _________________________ Muhammad Syukri Salleh External Examiner _________________________ Abdul Razak Sapian Chairman iv DECLARATION I hereby declare that this thesis is the result of my own investigations, except where otherwise stated. I also declare that it has not been previously or concurrently submitted as a whole for any other degree at IIUM or other institutions. Md Fazlul Karim Signature …………………………………… Date …………………….. v COPYRIGHT INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA DECLARATION OF COPYRIGHT AND AFFIRMATION OF FAIR USE OF UNPUBLISHED RESEARCH A SOCIO-LEGAL INQUIRY INTO MANAGEMENT AND DEVELOPMENT OF AWQAF IN BANGLADESH: CHALLENGES AND PROSPECTS I declare that the copyright holder of this thesis is Md Fazlul Karim Copyright © 2016 by Md Fazlul Karim. All rights reserved. No part of this unpublished research may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without prior written permission of the copyright holder except as provided below. 1. Any material contained in or derived from this unpublished research may only be used by others in their writing with due acknowledgement. 2. IIUM or its library will have the right to make and transmit copies (print or electronic) for institutional and academic purposes. 3. The IIUM library will have the right to make, store in a retrieval system and supply copies of this unpublished research if requested by other universities and research libraries. By signing this form, I acknowledged that I have read and understand the IIUM Intellectual Property Right and Commercialization policy. Affirmed by Md Fazlul Karim ……………………………. ……………….. Signature Date vi Dedication To The departed souls of my parents, Moulvi Rusmat Ali and Masuma Khatun And those who care about Waqf. vii ACKNOWLEDGMENTS Alhamdulillah, wassalaatu wassalamu ‘ala Rasulillah! It is only due to infinite mercy and graces of Allah s.w.t. that I was able to undertake this research despite innumerable challenges faced throughout the research period. Without His grace this work would not have been accomplished. Then I would first like to record my profound gratitude and deepest appreciations for Professor Dr. Syed Khalid Rashid, Professor of Law at the Ahmad Ibrahim Kulliyyah of Laws (AIKOL) and the Founder Director of the International Center for Waqf Research (ICWR), International Islamic University Malaysia (IIUM), for supervising me with utmost patience and compassion throughout this research. He guided me like a teacher, disciplined me like a trainer and loved me like a father. I am deeply thankful and grateful for having him as my supervisor who is considered worldwide an authority on waqf affairs. May Allah’s infinite mercy surround him always! I am also deeply grateful to Assoc. Prof Dr. Muhammad Abdurrahman Sadique for his vital assistance during this study. My profound gratitude goes to my post-viva supervisor Assoc. Prof Dr. Sharifah Zubaidah, the Director of the International Centre for Waqf Research (ICWR) and Prof Dr. Abdul Haseeb Ansari, the Deputy Dean (Postgraduate) of AIKOL, for their meticulous attention to details and invaluable guidance during the final stage of submission of this work. My heartfelt appreciations go to all my friends and colleagues including, but not limited to, Dr. Wahid Murad, Dr. Nowshad Amin, Dr. Shabiul Islam, Dr. Tariqul Islam, Dr. Osmani, Major (Rtd) Abu Sayed, who stood by my side and helped me in one way or other during this undertaking. I owe a great deal to my father in law Dr. Abu Bakr Rafique and Uncle Dr. Abu Umar Faruq, my beloved wife Rumman and my three sons-cum-little-friends Midrar, Israr and Iqrar for their encouragement, motivation and prayers. My deepest gratitude go to my eldest brother Sazzadul Karim who himself stood First Class First in his MSC from Dhaka University and ever since became my dream man for academic excellence, to my second brother Engineer Mumtazul Karim who helped me a great deal in my data collection from Bangladesh, to my third brother Rezaul Karim who is more a friend to me than a brother and was never unavailable whenever I was in need of his help despite his busy schedule in his managerial position in a company, my younger brother Faizul Karim whom I always respect for his mature opinion and company, finally my two gorgeous sisters Marhuma and Mozeza who relentlessly prayed for my wellbeing and were the sources of calmness for my heart and soul during this undertaking and always. May Allah (s.w.t) bless them all! Last, but by no means least, I am ever grateful to my employer during this study, Multimedia University (MMU) Cyberjaya, Malaysia for allowing me to pursue my Ph.D while teaching there and for providing me with all the incentives and motivation during my Ph.D. research. I am indebted in many ways to my friends and colleagues in MMU, namely Dr. Sonny, Dr. Bahma and Dr. Shereen Khan, among others, for their support and encouragements. As the author of this work I am fully aware of my imperfections more than anyone else. Any error or omission that might have been committed in this work is, however, only mine for which I seek the indulgence of all.
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