Answer for Oral Question PL041

QUESTION

Yang Berhormat Awang Zainol bin Haji Mohamed

YANG BERHORMAT AWANG ZAINOL BIN HAJI MOHAMED asked the MENTERI HAL EHWAL UGAMA to state whether waqf and baitulmal assets can be productively utilised in long-term development to generate sustainable returns and continuously facilitate the economic capacity of the community.

ANSWER

Yang Berhormat Menteri Hal Ehwal Ugama

I am pleased to explain the meaning of assets in the context of waqf, which is similar to assets in the context of zakat. Both refer to and constitute assets which, in relation to zakat, are collected, accumulated and distributed to the asnaf; while in the context of waqf, they are assets received and accumulated to subsequently be utilised or developed according to their type, namely in accordance with the intention or purpose of the donor, whether waqaf 'am or waqaf khas.

Meanwhile, Baitulmal—in terms of its original meaning and function in the system of governance and Islamic government since the time of Rasulullah Shallahu 'alaihi wassalam—is an institution, or it may also be called a department, that administers financial and property or asset matters derived from what was formerly referred to as kharaj, jizyah, zakat, al-fai'u, ghanimah, 'usyur, and also waqf assets.

With its function in the past, Baitulmal could be said to have been similar to the Treasury Department that existed before the establishment of the present Ministry of Finance, whose name was subsequently changed in line with its additional functions and authority to the Ministry of Finance and Economy.

That is the true original meaning of Baitulmal. Its role is now different after it became part of the Department of Zakat, Waqaf and Baitulmal Affairs.

Kaola will now answer the question: whether waqf and baitulmal assets can be utilised in productive long-term development to generate sustainable returns and continuously facilitate the economic capacity of the community.

Firmly, kaola state: Yes! Waqf assets can be utilised for such purposes; indeed, this is precisely why waqf assets may be developed in accordance with the donor’s intention, whether it is waqaf 'am or waqaf khas.

During the early era of the Majlis Ugama Islam (the 1950s), one of its functions was to act as the trustee of waqf property. During that era, people endowed land for the construction of mosques or roads through the middle of villages. Therefore, such waqf assets did not have the potential to be developed in a manner that could generate returns and, subsequently, the expected returns could become sustainable income for the community and even for Muslims.

At present, we commonly hear, for example, of people endowing a sum of money to a mosque to be used to provide a mortuary room at the mosque, a hearse, or both, for the use of the mosque, which has now commonly become a place for the management of the deceased.

Thus, waqf assets that can be developed include land, as was the case since 1994 when Badan Tanmiah was established to develop several waqf assets or properties managed by MUIB.

During the 1990s, an initiative that could easily generate income was the construction of buildings for rental on waqf land. For this reason, Badan Tanmiah has acquired several buildings in various areas of the country, including the ownership and management of a petrol station in the Kg. Limau Manis area at the junction leading to Kuala Lurah.

Badan Tanmiah Harta Majlis Ugama Islam is, by its nature as an entity and institution, a body established to develop property or assets under the authority and administration of the Majlis Ugama Islam Brunei (MUIB), particularly assets in the form of waqf.

Besides generating income, Badan Tanmiah also provides employment for local people. At present, Badan Tanmiah is endeavouring to participate in business ventures in other fields, such as areas aligned with the Government’s policy to increase production that ensures food security, for example.

Likewise, JUZWAB, besides cooperating with and supporting new initiatives by Badan Tanmiah in developing waqf property, is working together with the Syariah Legal Department, the MENTERI HAL EHWAL UGAMA and the Majlis Ugama Islam Brunei to actively finalise the draft Waqf Act, which is at the final stage of drafting, to make it more comprehensive and strengthen professional governance, particularly by examining several advanced models for waqf property development overseas that have proven to provide benefits with a positive impact in contributing to productive long-term development and generating sustainable returns.

The further development of waqf property under the Waqf Act will certainly also be able to contribute to or support the development of socio-religious infrastructure implemented by the Government, as well as contribute towards ensuring the welfare and well-being of the people, particularly in addressing the affairs of the community and even Muslims in our country.

Therefore, with such developments, the future development of waqf property or assets will certainly also have a positive impact in easing the Government’s fiscal burden in respect of some socio-religious services. May Allah Subhanahu wa Ta'ala facilitate these matters smoothly and subsequently grant success to new initiatives in managing waqf assets in a manner that earns His approval. Amin.