AWQÃF
EXPERIENCES
IN
SOUTH-ASIA
Syed Khalid Rashid
This volume mainly consists of papers presented at the Seminar on Awqaf Experiences in South Asia organized by the Institute of Objective Studies, New Delhi. These papers examine the origin, history and law of awqaf generally and their condition in the various countries of the region. The emphasis is on looking at this institution as an effective instrument for the socio-economic development of the Muslims in this region. Major waqf enactments of India, Pakistan, Bangladesh, Sri Lanka and Myanmar are given in the Appendix. It is for the first time ever that these enactments are appearing together in print and this compilation would surely be useful for comparative studies of waqf administration in South Asia.
Contents : Preface i-v Table of Cases vi-xi Books, Journal & Reports cited in this volume xii-xviii
PART I ABOUT AWQÃF GENERALLY
1. Waqf in Islamic Fiqh : Preliminary Remarks Qazi Mujahid ul Islam Qasmi( 3 - 10) 2.Origin and Early History of Waqf and .Other Issues by Syed Khalid Rahsid (11 - 28) 3..Statutory and Judicial Deviations in the Law of Waqf in India by Syed Khalid Rahsid (29 – 53) 4.Importance of Awqaf and Suggestions for Improvements by Ashfaque Ali (55 - 59)
PART II AWQÃF EXPERIENCES IN SOUTH ASIA
5.Awqaf Legislation in South Asia: A Comparative Study by Syed Khalid Rahsid( 63 - 111) 6.The Wakf Act 1995: Towards Better Administration of Awqaf by Ateeque A. Khan (113 - 124) 7.Waqf Experience in India by Muhammad Rizwanul Haque (125 – 140) 8.Waqf Boards in India: Some Suggestions by Alhaj H. Abdul Wahab( 141 - 147 )9.Socio-Economic Potential of Awqaf in Andhra Pradesh And their Administration by Syed Dastagir Pasha (149 – 158 )10. Awqaf in Bangladesh by Abulhasan M. Sadeq(159 - 171) 11.Socio-Economic Potential and Administration of Awqaf in Sri Lanka by Saleem Marsoof (173 - 217) 12.Awqaf and Social Condition of Muslims in Nepal by Salar M. Khan (219 - 228)
PART III AWQÃF EXPERIENCES OUTSIDE SOUTH ASIA
13.Enhancing the Growth and Performance of Awqaf: The IDB Experience by Mahmoud A. Mahdi (231 - 247) 14.Role of Kuwait Awqaf Public Foundation In Promoting Awqafby Abdul Mohsen M. Ali Othman & Dahi Al Fadhli (249 - 262)15. Awqaf and their Structure in Turkey by Ahmet Ihsan Eryilmaz (263 - 269)
PART IV MATTERS RELATING TO SEMINAR
16.Programme of the Seminar (273 - 279 )17. Welcome Address by Dr. M. Manzoor Alam (281 - 285)18. Inaugural Address by Dr. Tahir Mahmood(287 - 297) 19. Resolutions Adopted at the Seminar (299 - 302) 20. Recommendations of Various Sub-Committees (303 - 306 )
PART V APPENDICES
I. Central Waqf Council: Development of Urban Waqf Properties SCHEME(309 - 311.) II.MAJOR AWQÃF STATUTES OF SOUTH ASIA(313 - 314)
A: India 1. Mussalman Waqf Validating Act, 6 of 1913 (315 - 316) 2. Jammu & Kashmir Wakaf Act, 11 of 1978 (317 - 347) 3. Wakf Act, 43 of 1995 (349 - 443)
B: PAKISTAN 4.Baluchistan Waqf Properties Ordinance, 4 of 1979 (445 - 459) 5. N.W.F.P Waqf Properties Ordinance, 1 of 1979 (461 - 475) 6.Punjab Waqf Properties Ordinance,4 of 1979 (477 – 489) 7. Sind Waqf Properties Ordinance, 9 of 1979 ( 491 - 505)
C: BANGLADESH 8. Waqfs Ordinance, 1 of 1962 (507 - 556)
D: SRI LANKA 9. Muslim Mosques and Charitable Trusts or Waqfs Act, 51 of 1956 (557 - 601)
E: MYANMAR 10. Mussalman Waqf Act, 42 of 1923 (603 - 611) Index (613 - 634 )
Prof. Dr. Syed Khalid Rahsid, B.Sc., LL.B, LL.M Ph.D (Aligarh) is Professor of Law at the International Islamic University Malaysia. He did pioneering research on waqf administration in India from 1964 to 1970 and was awarded the first Ph.D in Islamic Law by the Aligarh Muslim University in 1971. He has, inter alia, published two books on waqf administration in India and more than a dozen papers on this subject. He taught law at Aligarh (1968-73, 1976-80), Kurukshetra (1973-76), Sokoto in Nigeria (1980-90) where he was Dean of Law and Head, Department of Islamic Law for a long time, and now in Malaysia since 1990. His areas of interest, other than waqf, are Comparative Law of Property, Equity and Trusts, Alternative Dispute Resolution (ADR), and Islamic Law of Property.
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