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Waqf Related Questions

Waqf is any property to which the waqif’s right to the property is retained from any transaction, inheritance, hibah (gift), and will, while maintaining its physical resources (ain).

Anyone who intends to endow land or any property, can contact directly with the respective State Islamic Religious Council.

The wisdoms found in the worship of waqf are:

 

  1. Manifesting devotion to Allah SWT.
  2. Getting closer to God.
  3. Get lasting welfare during life and after the waqif dies.
  4. Sharing benefits among the Muslim community, such as building mosques and schools to live the greatness of Islam, and scholarly activities.
  5. Strengthen the unity of the community.
  1. Waqf shall be made permanently without limitation for any period.
  2. For special Waqf, the purpose and intent of the Waqf must be clearly stated, and the Waqf is invalid if the purpose and intent are not stated.
  3. The property that has been waqfed takes immediate effect, cannot be revoked, its purpose cannot be changed, and cannot be subject to other conditions to the contrary, except through the performance of waqf istibdal.
  4. Terms of waqf beneficiaries (Al-Mawquf’alaih):
    (i) Special recipients of either one or more.
  5. (ii) Unspecified Recipients, for example waqf to certain groups such as the poor.

Rukun-rukun wakaf terbahagi 4 perkara:

  1. Pewakaf (al-waqif)
  2. Harta yang diwakafkan (al-mawquf)
  3. Penerima manfaat Wakaf (al-mawquf ‘alaih)
  4. Pernyataan Wakaf (al-sighah)
  • Seorang yang merdeka, baligh lagi berakal, redha mewakafkan hartanya.
  • Berkelayakan untuk bersedekah harta miliknya.
  • Berkelayakan untuk bersedekah harta miliknya.
  • The pillars of waqf are divided into four:

     

    1. Endower (al-waqif)
    2. Endowed property (al-mawquf)
    3. Beneficiaries of Wakaf (al-mawquf ‘alaih)
    4. Waqf Statement (al-sighah)
  • An independent, mature, and intelligent person, willing to endow his property.
  • Eligible to donate property.

a. Akad is words that can be understood or written for a purpose of waqf whether general waqf or special waqf. The contract is obligatory to confirm the waqf.

 

(b)  The wording of the contract is divided into two parts:

 

Clear words only carry a specific meaning such as “I endow my house for the poor”.

 

(ii) Lafaz Kinayah

Words that carry many meanings such as “My property is charity to the poor”.

Waqf property can develop the economy of the ummah by developing Waqf properties under the State Islamic Religious Council, such as developing the following land by setting up commercial projects such as waqf hotels, business centres, and social projects such as orphanages and shelters.

The word of Allah which means, you never fail (truth), virtue and devotion (which is perfect) before you donate some of what you love and whatever you donate, then God knows it

Waqf property is not necessarily developed by building mosques, suraus and graves only. Waqf property can be commercialized by developing retail spaces, women’s shelters, developing hotels, if it is not against Islamic law.

Through the distribution of federal government allocations to the State Islamic Religious Council, the Waqf Zakat and Hajj Department can plan, develop, implement, and develop Waqf land in all State Islamic Religious Councils.

Zakat Related Questions

According to Item 1, List of States of the Ninth Schedule of the Federal Constitution, affairs are a matter under state jurisdiction. Zakat is a matter of Islamic Jurisprudence; therefore, it is under the jurisdiction of the State Islamic Religious Council, an agency at the state level.

No. The distribution of Zakat is the responsibility of MAIN. Any application must be submitted to the State Islamic Religious Council (MAIN).

JAWHAR does not provide any form of financial assistance. However, study aid can be applied for from MAIN where you reside.

JAWHAR does not collect zakat money. Zakat must be paid to an agent/amil appointed by the State Islamic Religious Council.

JAWHAR as a federal agency can help further improve the management of Zakat by:

  1. Planning and Implementing Zakat Development Programs/Projects
  2. Developing and Strengthening Zakat Institutions
  3. Planning and Coordinating Zakat Management Rules/Procedures
  4. Planning, Supervising and Monitoring Zakat Affairs
  5. To plan and coordinate Research on Zakat Affairs

JAWHAR is implementing activities under the Baitulmal Strengthening Movement. Among them are advertisements promoting Zakat and documentaries on zakat.

The word zakat comes from Arabic, among others meaning purity, blessing, goodness and development. Zakat according to Islamic terms is a certain part of property that has been made obligatory by Allah SWT with certain conditions to be given to those who are entitled to receive it as stated in the following verse:

“Indeed, the alms (zakat) is only for the poor, the needy, the amils who manage the zakat, the converts whose hearts are persuaded, the slaves who want to free themselves, the people who are in debt, to be spent in the way of Allah and the travellers (who decide) on the way. This ruling comes from Allah SWT and remember Allah is All -Knowing and All -Wise”. (At-Taubah: 60

Zakat fitrah is self-zakat that is obligatory on every able-bodied Muslim individual man and woman according to the conditions set by the Islamic law.

Muslims are obligated to pay zakat fitrah for themselves, their families, and their dependents subject to the following conditions:

  1. Having a surplus of food or property from the needs of himself and his dependents on the eve and on Eid Fitr.
  2. Live in part of both the months of Ramadan and Shawal:
  1. Children born before the sun falls at the end of Ramadan and are still alive after sunset.
  2. Embracing Islam before sunset at the end of Ramadan and perpetuating his Islam
  3. Someone who died after sunset at the end of Ramadan.
  1. Zakat Fitrah (Tithes)
  2. Business Zakat
  3. Income Zakat
  4. Zakat on Savings
  5. Zakat on Gold and Silver
  6. Agricultural Zakat (Paddy)
  7. Zakat on Livestock
  8. Statutory Contribution Zakat
  9. Zakat on Shares and Bonds
  10. Zakat on Minerals and Treasures

The obligatory rate of zakat fitrah is one Baghdad bushel which is approximately 2.7 kg of rice or its equivalent value. This value is based on stipulations by the state religious authorities. The zakat payment rate is based on the value of the price of rice weighing 2.7 kg.

  • Sunnah (supererogatory) Time – Throughout the month of Ramadan
  • Mandatory Time – Sunset at the end of Ramadan until sunrise on 1 Shawal
  • Makruh (undesirable)Time – After the Eid Fitr supererogatory prayer until sunset on 1 Shawal
  • Haram Time – After sunset 1 Shawal
  • Afdhal (Recommended) Time – After sunset at the end of Ramadan until before the Eid Fitr supererogatory prayer

Business zakat is zakat that is obligatory to be paid because of business property, whether involving goods or services.

The forms of business are:

(i) Private Business (Sole Proprietorship)

This business is privately owned by one owner. Business capital is made up of own savings and loans. Other sources of finance are hire purchase, leasing and trade credit. The owner also has full control over his business.

(ii) Business Partnership

A partnership business consisting of more than one person joining together to conduct a business with the aim of making a profit. Business capital is derived from partner contributions. Profits are distributed according to the percentage of the total capital contributed by each partner.

(iii) Company Business

A company is an entity registered under the Companies Act 1965. It is a separate entity from the owner. The company consists of Private Limited Company and Public Limited Company.

(iv) Cooperatives

A cooperative is a form of business organization formed by a group of people voluntarily based on equal rights for the common interest. The capital of a cooperative consists of fees and share units owned by its members.

There are two (2) ways of calculating business zakat:

 

  1. First Method – Working Capital

[(Current Assets- Current Liabilities) +/- Adjustment] x % Muslim Share ownership x 2.5 %

 

  1. Second Method – Growing Capital

[(Owner’s Equity + Long Term Liabilities- Fixed Assets- Non-Current Assets) +/- Adjustment] x % Muslim Share ownership x 2.5 %

Mal/ General Source Related Questions

Definition of property in terms of language:

 

Mal/property in terms of language, is every item that is truly owned and controlled (hiyazah) by a person, whether the item is ‘ain or benefit. Examples of ‘ain property are such as gold, silver, animals and plants. Examples of property benefits are such as riding, wearing, and living in a house. Goods that are not controlled by a person, are not named property in terms of language. For example, birds in the air, fish in the water, trees in the forest and minerals in the belly of the earth

  • Inheritance
  • Wills
  • Charity
  • Individual Donations
  • Interest Money
  • Insurance
  • Luqatah (lost property)
  • Dropped items found
  • Fidyah-A fine imposed on a person who leaves the obligatory fast for certain reasons or for intentionally skipping the alternate fast (qada ‘) of the month of Ramadan
  • Kifarah – According to the syara ‘is to cover/cover the sins that exist because of the continuity of breaking the oath (fine)
  • Bad Debts-Debts that are not paid due to certain reasons such as death/loss/bankruptcy/insane/not claimed by heirs
  • Rental Revenue-Income from property leased by the State Islamic Religious Council to individuals/companies and others
  • Investment – Money (capital) invested in a business
  • Vow – Promise/oath to do something and when the wish, vow, intention and need to pay (release, fulfill) are achieved
  • Other potential properties, included in the scope of general resources

No. The Mal JAWHAR Division does not handle the receipt and delivery of general resource property, as the matter is handled by the Baitulmal or the State Islamic Religious Council (MAIN). The role of the JAWHAR Mal Division is only to coordinate all matters of administration and management of the Baitulmal throughout Malaysia and assist in the development of these properties. Therefore, all matters of receipt and delivery of Mal property can be referred to Baitulmal MAIN in each state. The address and telephone number of Baitulmal MAIN throughout Malaysia can be found on the JAWHAR website.

According to the Malay Dictionary, Inheritance is property left by a person who has died (to be inherited by his family). In Arabic, Inheritance is called Al Irth, Al Wirth or Al Wirathah, which in Malay is called heritage. According to Syara’, inheritance property or mirath is the property left by a person who has died, which is the absolute right of his heirs, to be distributed among those who are entitled.

According to Dr Muhammad al-Zuhaili, there are four reasons inheriting human heritage namely marriage, hereditary (blood relationship), wala’, and Islam & Baitulmal:

 

First reason: Marriage

It is a valid marriage contract in Islamic law between a man and a woman, it also includes the meaning of a husband and a wife (or more wives). This is based on surah al-Nisa’: verse 12. Wives are entitled to inherit from her deceased husband and vice versa, as they are entitled to heirs by reason of marriage.

 

Second reason: Hereditary or Blood Relationship

Or also called Qarabah, which is the closest family member. The hereditary relationship referred to here is the actual relationship or affiliation through the blood as well as the contents of the uterus or the relationship that connects between the heir and the beneficiary. They include usul (those who are in a position above the deceased (origin of the deceased) and furu’ (those who are in the lower position of the deceased (branches for the deceased) for the deceased, furu’ for his parents, and furu ‘for his grandparents.

 

Third reason: Wala’ (Liberation of Slaves)

According to Arabic terminology, wala’ means family relationship. The meaning of wala’ here is the freeing or liberation of slaves. It is a privilege acquired by the former owner of a slave from a freed slave. The former slave owner will inherit the inheritance whether his former slave is male or female. The former owner of this slave is considered an asabah because of himself (al-Asabah bi al-Nafs).

 

Fourth reason: Islam and Baitulmal

When a person among the Muslims dies and has no one to inherit it based on the above reasons of inheritance, the estate must be handed over to Baitul Mal.

 

Hadith Evidence based on the words of the Prophet SAW:

“Whoever dies leaving a family, I will represent him. Whoever dies leaving property, it is the right of his heirs. I am the heir to anyone who has no heir. I will pay his diyat and I will inherit his property”. (Narrated by Abu Dawud – 2956)

There are three groups who are not entitled or prohibited from receiving the estate of the deceased even if one is included in the Ashabul Mirath or the person who is entitled to receive the inheritance:

 

(i) One Who Has Murdered One’s Predecessor Intentionally or Unintentionally

If the deceased is killed, the killer is not entitled to receive an inheritance from the person he killed, even if the killer is his heir.

 

Rasulullah said which means: “Whoever kills someone, then the killer cannot inherit it, even if the deceased has no heirs other than the killer, even if the deceased is the father or son of the killer. For murderers, there is no right to inherit “. (Narrated by Ahmad)

 

(ii) One Who Professes a Religion Other Than Islam

If the heir is of a different religion from the deceased, then he is barred from obtaining the estate of the deceased.

 

Rasulullah S.A.W said which means: “Muslims cannot inherit the property of disbelievers and infidels cannot inherit the property of Muslims” (Muttafaq Alaih)

 

(iii) Slavery

An heir who becomes a slave is not entitled to receive an inheritance because he is not independent, not free to manage property and himself, even himself and everything he has, belongs to his master. So, if he is given an inheritance, the property will belong to his master as well

Heirs from among men are:

 

  1. Son
  2. Father
  3. Husband
  4. Grandson of the son line
  5. Paternal Grandfather, i.e., father to father
  6. Maternal brother
  7. Father’s brother
  8. Mother’s brother
  9. Nephew of a maternal brother
  10. Son of a half-brother
  11. Maternal uncle
  12. Paternal uncle
  13. Male cousin (son of a maternal uncle)
  14. Paternal male cousin (son of paternal uncle)
  15. A man who freed / liberate slaves

 

 

 

Heirs among women are:

 

  1. Daughter
  2. Granddaughter from son
  3. Mother
  4. Wife
  5. Full sister
  6. Maternal Grandmother
  7. Paternal Grandmother
  8. Paternal sister
  9. Maternal sister
  10. Women who freed / liberate slaves

Allah SWT states:

Men have a share of inheritance from the legacy of parents and relatives (1/3-one third) and women have a share of inheritance from the legacy of parents and relatives (2/3-two thirds), either a little or a lot of the property left behind; that is, the part that has been obligated and determined by Allah (An Nisa’: 7).

A man can leave a will if he wants his property to be divided in a certain way. Faraid is only used as a settlement when there is no will or will of the deceased.

 

A will should be legally made in writing in the presence of the registrar so that it is not disputed by the surviving heirs. However, if the deceased managed to make an order that can be accepted by the heirs, it is included as a will. For example, if the deceased has ever ordered that part of the property be donated or waqfed after he dies. Although he did not write, the general heir had heard his order and it could be counted as his will.

If the deceased leaves a will without a lawyer and his heirs agree to accept it as a will without hesitation, it can be executed.

 

The public can deal with their respective State Islamic Religious Councils or appoint any corporate agent such as Amanah Raya Berhad (ARB) as the maker and executor of wills by filling in a special form provided by the council / agent.

Fidyah is a fine imposed on a person who leaves the obligatory fast for certain reasons or because he intentionally misses the alternate fast replacing days of Ramadan. It is a certain rate that must be paid as a gift of a portion of property (food) to the poor.

The rate of payment of fidyah for one day of fasting that is left is to give alms in the rate of one cup of basic food of the people of a country, whether from rice, wheat, or the like.

Fidyah can be paid at the respective State Islamic Religious Councils (MAIN) or can be paid directly to the poor. For example, in the Federal Territory, the payment of fidyah is at the Baitulmal, Federal Territory Islamic Religious Council (MAIWP).

In Baitulmal, Federal Territory Islamic Religious Council (MAIWP), the proceeds from the collection of fidyah payments will be put into the Federal Territory Islamic Religious Council Fidyah Trust Account before being distributed to the poor.

Hajj & Umrah Related Questions
TH savings depositors consolidated in the Group Savings depositors and serve as a business capital. The business capital invested by TH in the areas of business such as real estate investment, construction, farming, industrial and other fields lawful according to Islamic principles. Fund deposits Depositors are only used by TH for business purposes.
 
 TH pay zakat on behalf of depositors depositors and thus no longer need to pay Zakat on savings deposits in the TH

Hasrat murni jemaah menunaikan ibadah umrah dapat ditunaikan  sekiranya  jemaah mengambil langkah-langkah berikut:

  1. Memilih pengelola umrah yang diluluskan oleh Majlis Kawal Selia Umrah (MKSU)
  2. Membuat kajian perbandingan harga pakej-pakej yang ditawarkan. Kebiasaannya harga berubah mengikut musim dan jenis pakej yang dipilih.
  3. Menyelidik latar belakang agensi; lesen dan permit untuk ‘outbound’ yang sah, pengalaman agensi mengelolakan umrah dan urusan visa yang dikendalikan oleh agensi. Sama ada agensi menguruskan sendiri atau menggunakan khidmat orang tengah.
  4. Mengambil tahu syarikat penerbangan, jenis perjalanan sama ada terus ke Jeddah atau ke Madinah atau jemaah perlu transit dan bermalam di negara lain.
  5. Mengambil tahu tentang hotel penginapan yang disediakan oleh agensi.
  6. Bagaimanakah bayaran dibuat. Sama ada kepada akaun syarikat atau kepada akaun persendirian pengurus agensi atau kepada akaun agen-agen yang dilantik oleh agensi. Pastikan jemaah menyimpan resit pembayaran dan dokumen-dokumen yang dikeluarkan oleh agensi.
  7. Adakah terdapat bayaran-bayaran tambahan.
  8. Adakah agensi mengenakan syarat-syarat tambahan lain yang tertakluk kepada perubahan dari semasa ke semasa.
  9. Adakah agensi mengadakan kelas bimbingan umrah.
  10. Setelah berpuas hati dengan maklumat-maklumat seperti di atas barulah jemaah boleh membuat pemilihan agensi pengelola umrah.

Reference of the  authorized Umrah agencies  can be made on Ministry of Tourism or at http://umrah.jawhar.gov.my (i-Umrah Portal).

LTH telah menetapkan Dam untuk Haji Tamattu’ iaitu seekor kambing bernilai SR250.00.

Dam Tamattu’ hanya boleh dilaksanakan setelah selesai mengerjakan Umrah Tamattu’ dan penyembelihan dilaksanakan di Tanah Haram Mekkah.

Terdapat dua(2) cara mengerjakan Haji Qiran :

  • Berniat mengerjakan Haji dan Umrah serentak dalam bulan Haji dengan mengerjakan amalan-amalan Haji sahaja.
  • Berniat mengerjakan Umrah sahaja, tetapi sebelum tawaf dia berniat mengerjakan Haji.

Kelebihan ziarah Masjid Nabawai iaitu :

  • Dapat pahala sunat
  • Sembahyang berjemaah di Masjid Nabawi mendapat gandaan pahala sebanyak 1,000 kali
  • Melihat kesan sejarah Rasulullah SAW. dan sahabat – sahabatnya memberikan keinsafan serta meningkatkan keimanan dan ketaqwaan terhadap Allah SWT

Jemaah haji boleh menunaikan solat fardu di dalam Masjid Nabi sesudah Ziarah Wada’.

Hari–hari yang disebut dalam Islam dimusim haji dikenali seperti berikut :

  • 8 Zulhijjah adalah hari Tarwiyah;
  • 10 Zulhijjah iaitu hari Nahar; dan
  • 11, 12 dan 13 Zulhijjah sebagai hari Tasyrik

Free from the restrictions of ihram. There are two types:

  • Tahallul Awwal
    • The throw of Jamrat al-Aqabah
    • Compulsory tawaf and sa’ie if sa’ie has not yet been performed
    • Shave and hair cut
  • Tahallul Thani

Is when you’re done doing the three things mentioned above, there are no longer any taboos during the pilgrimage.

Haji pada Syara’ ialah mengunjungi Baitullah Al Haram dalam bulan-bulan haji kerana mengerjakan Tawaf, Sa’ie dan wukuf di Arafah dengan menurut syarat-syarat serta menunaikan segala rukun-rukun dan wajib-wajibnya.

Rukun haji ada 6 iaitu niat, wukuf di Arafah, tawaf, sa’ie, bercukur atau bergunting dan tertib pada kebanyakan rukun. Wajib haji juga 6 iaitu niat ihram di Miqat, menjaga perkara-perkara larangan dalam ihram, bermalam (mabit) di Muzdalifah, melontar Jamrah Al-Aqabah, bermalam (mabit) di Mina dan melontar ketiga-tiga Jamrah pada Hari-hari Tasyrik.

Umrah pada Syara’ ialah mengunjungi Baitullah Al Haram bila-bila masa kerana mengerjakan Tawaf, Sa’ie dengan menurut syarat-syaratnya serta menunaikan segala rukun-rukun dan wajib-wajibnya.

Rukun umrah ada 5 iaitu niat, tawaf, sa’ie, bercukur atau bergunting dan tertib. Wajib umrah ada 2 iaitu niat ihram di Miqat dan menjaga perkara-perkara larangan dalam ihram.

A clear distinction between the two of them is the Hajj could only be done in the months of Hajj only, starting from the first day of Shawwal until dawn the 10th.

While the umrah can be done at any time throughout the year except for people who are on Hajj. In practice there is no wukuf, night  in Muzdalifah and Mina and throwing in Jamrah .

Haji dan umrah kedua-duanya adalah wajib dikerjakan sekali seumur hidup. Sunat dikerjakan berulang-ulang kali.

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