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61 J.L. Pol'y & Globalization 208 (2017)
WAQF in Islamic Legal System and Trust System in the United Kingdom: A Comparative Study

handle is hein.journals/jawpglob61 and id is 209 raw text is: Journal of Law, Policy and Globalization www. ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.61, 2017 ISTE WAQF IN ISLAMIC LEGAL SYSTEM AND TRUST SYSTEM IN THE UNITED KINGDOM: A COMPARATIVE STUDY Fahad Mohammed Alabdulmenem Science and Human Studies College, at Huraimila, Shaqra University, Saudi Arabia ABSTRACT This study is a comparison of the Trust System in the UK and Waqf in Islamic legal system. A comparison study to develop new research, to obtain and expand the evidence in Charitable Trusts. This study will give knowledge on the importance that charity could give to society, education, religion, and communities. To clarify some points of differences in Waqf in Islamic legal system and the Trust System in the UK, so it inspires others to do further research through those useful comparisons is the goal of this paper. Keywords: Charity, trust, trustee, Waqf, Islam, Charity Commission, Parliament INTRODUCTION Charity is an act of kindness or generosity towards others. It came from Latin word Caritas which means care. The purpose is to help a group of people from suffering and to fulfill the needs that they could not meet by their resources. By this definition, for charity to be formalized based on the rule, it is institutionalized. The formation of Charitable Trust organizations and creation or measures is followed to ensure that they are faithful to their causes and avoid involvement of self-serving interests or motives. Charitable Trust system contains activities, methods, and processes to be considered as legal entities. Constant monitoring of these things and setting basic standards if the said system is functioning right. Laws have special treatment to charitable organizations regarding tax obligations because they do have some responsibilities for the state. Examples are giving opportunities for improvement of society through livelihood programs, helping to take care of children and disabled elders. This paper will focus on Waqf in Islamic legal system and Charitable Trust in the UK. Waqf is a religious Islam endowment. People voluntarily give some of his or her assets to an organization without receiving benefits in exchange. After voluntarily giving the asset, the person has no power over it. One of the primary objectives of Waqf is to provide help to groups or individuals their necessities to have better lives. Three types of Waqf currently exist, religious Waqf, philanthropic/humanitarian Waqf, and family Waqf. In religious Waqf, the allocation of property is for mosques and religious schools. On the other hand, philanthropic or humanitarian Waqf, they give the assets to support poor and for social activities. Mostly this is for the library, educational centers, health and animal care. The last one is family Waqf, which describes Waqf from parents to children, so that poor people could still have a chance to receive extra income to be spent. A Charitable Trust in the United Kingdom works on the same definition where the settlor voluntarily transfers the ownership of his or her assets to someone else. The beneficiaries will enjoy the property they received for their benefit. For an organization to be a valid Charitable Trust, it should have a purpose for public benefit. There are four categories, trusts for poverty, promotion of education, advancement of religion and others for public benefits. Charitable Trusts are not allowed to work for profit and should not be involved in political or legal change. After the urban transformation and relocation of the historical racetrack, this study intends to have an in-depth observation of the effects of this change economically, well-examined documentation and comparison of architectural typology during and after relocation of the Hippodrome, determination of effects of this development to the people around the vicinity, and lastly, identification of influence by verifying gentrification weight. STUDY HYPOTHESIS Waqf in Islamic legal system and Charitable Trust system in the United Kingdom (UK) may have similarities and differences regarding definitions, purpose, administration, management. Under both systems, it is usual to reserve a property for the benefit of specific individuals for a charitable purpose. The only significant distinction between Islamic Waqf and English trust is the process of expressing to charitable purposes. Waqf is part of Islam religion but does not mean that this practice is solely for Muslim only. Other people could also benefit Waqf, however, since modern society comes in, the challenge is to preserve the traditional Waqf system. Despite emerging and evolving environments, mechanisms, objectives and functions of Waqf and trust are identical. In historical terms, two institutions have delivered services for social welfare, advancement of religion, education, research and infrastructure development and well-being. During this period, Waqf suffered continuous downfall and decline while trusts experienced progress. 208