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Hungry for Housing: Waqf Real Estate Development - a Social Welfare Alternative

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Hungry for Housing: Waqf Real Estate Development - a Social Welfare Alternative MATEC Web of Conferences 66, 00068 (2016) DOI: 10.1051/matecconf/20166600068 IBCC 2016 Hungry for housing: waqf real estate development - a social welfare alternative Siti Nadiah Mohd Ali1a , Abdul Halim Mohd Noor 2 ,Noraini Johari 1 , Nurul Sahida Fauzi 1, Nor Nazihah Chuweni 1 and Nor Rashidah Paujah Ismail3 1Faculty of Architecture, Planning and Surveying , Universiti Teknologi MARA, Seri Iskandar Campus, Seri Iskandar, 32610, Perak, Malaysia 2Center for Islamic Philanthropy and Social Finance (CIPSF),78000 Alor Gajah, Melaka Universiti Teknologi MARA, Malaysia 3Faculty of Computer Science, Universiti Teknologi MARA, Tapah Campus, Tapah Road, 35400, Perak, Malaysia Abstract. Islam has outlined 4 important elements to achieve fruitful life in the duniya and the akhirah. A famed hadith of Rasulullah (peace be upon him) meaning “Four things that will bring joy to a person, which is (owning) a pious woman (wife), a good house (spacious), a good neighbour, and a great vehicle” (Hadith narrated by Ibnu Hibban. It is clear from this hadith that Islam emphasised ownership of a comfortable home. The polemic remains that with skyrocketing housing prices in the market, would the low and middle income groups afford housing that is safe, comfortable and secure? Realising the importance of living in a secure and safe house, this study aims at investigating the possibility of leveraging the upward trend of waqf real estate development in empowering the Muslims’ economy in the country. Towards this end, the authors have conducted a study by collating primary and secondary data obtained from the Penang State Islamic Religious Council (Majlis Agama Islam Pulau Pinang) for analysis. Thus the Penang Islamic Council is the study site. Semi structured interviews were conducted with 2 waqf officials who are in charge of coordinating waqf real estate developments in Penang. Based on the study conducted, it was found that Penang State Islamic Religious Council has succeeded in enhancing value added to waqf real estate developments through the implementation of 9 housing project developments using the ijarah concept. The Penang State Islamic Religious Council has enabled the low medium income groups to stay in comfortable and safe housing by utilising such holistic and efficient waqf product developments under shariah guidelines. Keywords: Affordable Housing, Low and Middle Income Groups, Waqf Real Estate Development, State Islamic Religious Council, al-Ijarah 1 Introduction "The Messenger of Allah said: 'The one who takes back his gift is like the dog which vomits then goes back Waqf has been literally defined as “to stop, contain, or to to its vomit [1]” preserve’; in the context of land waqf is real estate that Thus this hadith augmented the conviction that if a has been donated for charity by the donor towards the waqf real estate development is revocable via the greater good of the community (ummah) for the sake of withdrawal of a waqf donation, this will undermine the Allah (SWT). Once a real estate has been donated for social value of waqf which aspires to solve the charity (waqf) it cannot be reclaimed by the original community’s social woes. The progress of waqf real owner to be gifted, used as inheritance or sold; in line estate developments in developed Islamic countries such with the waqf definition itself. The IIUM Endowment as Turkey is a case in point. Turkey’s waqf system is so Fund related that in shari’ah, a Waqf is a voluntary, progressive that it has created 4,400 mosques, 500 permanent, irrevocable dedication of a portion of one’s university hostels, 150 hotels, 5,348 shophouses and wealth – in cash or kind - to Allah. A waqf real estate 2,254 housing projects. It is heartening that the waqf belongs to Allah and the corpus of the waqf always system has been Turkey’s ‘bread and butter’ since the remains intact. The fruits of the waqf may be utilized for Uthmaniyyah Caliphate era [2]. shari’ah compliant purpose.This is based on a famed A renowned Turkish writer B. Yediyyildiz wrote in hadith narrated by Ibn ‘Abbas: his book “Place of the Waqf in Turkish Cultural System” waxing on the significance of waqf that: a Corresponding author: [email protected] © The Authors, published by EDP Sciences. This is an open access article distributed under the terms of the Creative Commons Attribution License 4.0 (http://creativecommons.org/licenses/by/4.0/). MATEC Web of Conferences 66, 00068 (2016) DOI: 10.1051/matecconf/20166600068 IBCC 2016 “…a person would have been born into a waqf house, housing ownership in Penang being quite low which is slept in a waqf cradle, eaten and drunk from waqf further aggravated by high levels of real estate values and property, read waqf books, been taught in a waqf school, demographic factors creating stiff competition in home received his salary from a waqf administration, and when ownership in Penang. he died, placed in a waqf coffin and buried in a waqf A study done by Salfarina, A.G., Nor Malina M., and cemetery.[3] Azrina, H (2011) found that 40% of urban population Thus waqf plays an important role in ensuring a stable comprises disadvantaged people with low affordability to and non-capitalistic social mobility system preventing the own housing whereby a three-bedroom two bathrooms rich getting richer and the poor getting even poorer due to apartment with a floor area below 92.9 square metres the inability of waqf to fulfil its expected role. near the city centre costs in excess of RM245,000 [5]. Waqf is given due honour in Islam as an enduring Hence, the issue of the urban poor not owning safe reward even after the donor has died. A Muslim believes and comfortable residences has become controversial in that life is not only in this world but the afterlife (akhirah) Malaysia. This is exacerbated by rising costs in addition is the eternal life where the waqf we created in the to debt liabilities; making the creation of truly affordable worldly life will convert into a most valuable reward. home ownership a critical challenge. Due to the significance of waqf benevolence to the It is generally accepted that the development of waqf ummah, Allah SWT said in Surat Al-Baqarah, verse 261 housing real estate may become one of the solutions in translated as: overcoming urban housing woes for the low and medium The example of those who spend their wealth in the income groups. way of Allah is like a seed [of grain] which grows seven spikes; in each spike is a hundred grains. And Allah multiplies [His reward] for whom He wills. And Allah is 2 Overview Development of Waqf all-Encompassing and Knowing.[4] Waqf is a latent economic resource of the Muslims that Waqf enriches a Muslim’s soul and personality need to be fully exploited which, if correctly managed, contributing towards his physical and spiritual happiness. will yield economic revenues benefiting all parties. Waqf bridges the poor and the rich in a symbiotic Malaysia may be categorised as an Islamic State that relationship. Not many realise that the waqf system only recently activated its waqf system in the last 10 possesses potential sustainability in empowering the years. In the past, waqf real estate developments in Muslim economy in this country. Malaysia typically consist of the construction of mosques The establishment of the Department of Awqaf, Zakat th and cemeteries; but this has gradually evolved in tandem and Hajj (JAWHAR) on 27 March 2004 signalled that with the country’s economic growth. Now, waqf real waqf real estate development has cut a niche in Malaysia. estate are developed with ‘pondok’ religious schools and The formation of JAWHAR led to the creation of the tahfiz schools on waqf branding. On top of that the Waqf Foundation which was officially incorporated on rd establishment of the Waqf Foundation has contributed 23 July 2008 under the Trustees Incorporation Act 1952 generously towards the development of small shop (Revised 1981) JAWHAR. bazaars on mosque grounds in collaboration between the The government accorded waqf serious attention as Waqf Foundation and the State Islamic Councils. the Chairman of the Waqf Foundation of Malaysia Board Consequently, waqf real estate developments are made of Trustees is the Honourable Minister with Religious more active with the development of Waqf Hotel in Portfolio at the Prime Minister’s Department, while the Taiping, Perak; Kuala Terengganu, Trengganu; Port Vice Chairman is the JAWHAR Director General. Other Dickson, Negeri Sembilan and in Melaka. members of the Board of Trustees comprise Waqf land development in Malaysia should not only representatives of every State Islamic Religious Councils, focus on mosque, musolla and cemetery developments; one (1) representative from the Ministry of Finance, one but taking a cue from other countries’ waqf real estate (1) representative from the Economic Planning Unit, developments, Malaysia must break new frontiers in waqf Prime Minister’s Department and three (3) real estate developments. The development of waqf real representatives from the corporate sector. estate requires financing, thus the creation of cash waqf The government’s commitment in creating a special concept. entity to coordinate waqf real estate development reflects Magda (2013) iterated that cash waqf-financed the importance of waqf real estate development. Waqf projects need not be confined to only religious natured real estate development in Malaysia has not been fully developments but should also accommodate current explored considering there are still vast swathes of waqf needs of the ummah [6]. real estate that have not been developed to fulfil existing Numerous studies have been done on the social needs. development of various real estate sectors on waqf lands. The main objective of this study paper is to Magda (2012) further iterated that waqf real estate investigate the potential presented by waqf real estate in development is wide ranging; citing 5 countries namely Malaysia for the purpose of housing development; and to Indonesia, Sudan, Turkey, UK and Kuwait that have evaluate the extent of waqf real estate development for paved inroads into waqf real estate development the purpose of housing could be implemented.
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