(Faraid, Inheritance, Wakaf and Zakat Chapter)

1) What is the hukum in dividing wakaf land cemetery to general wakaf and cemetery wakaf?

Land that has been specially wakaf as a burial ground cannot be altered from its original purpose.

2) What is the hukum in dividing reserves land cemetery to general wakaf and cemetery wakaf?

It is allowed because it doesn’t contravene any Islamic law.

3) What is the hukum on erecting a futsal court on a general wakaf land?

No permanent building can be built or permanent crops can be grown on a land reserved as a Muslim cemetery.

4) Is it allowed to build up the community hall on muslim reserves cemetery land?

No permanent building can be built or permanent crops can be grown on a land reserved as a Muslim cemetery.

5) Must a company pay only part of the required amount of zakat to the Islamic Religious Council and Malay Customary of Perak while the remainder is distributed by the company?

A company must pay the zakat money directly to the Baitulmal, the Islamic Religious Council and Malay Customary of Perak to prevent the division that did not follow the procedures for the distribution of beneficiaries according to the Quran. This payment coincides with the Islamic Religious Administration Enactment (Perak) 2004, Section 76: "The council has the authority to collect zakat and fitrah payable by every Muslim in Perak Darul Ridzuan according to syarak and on behalf of the Duli Yang Maha Mulia Sultan." In al-Majmoo 'al-Syarhu School, Volume 6, page 166 states: Imam rāfi' said that ashab as-Syafieah (followers of Imam Shafi'i sect ') argued that if the government asks for the zakat, the people would be obliged to pay to the government without khilaf simply because they obey the government. If they refuse, fight them, even if they want to contribute it (zakat) themselves. People who want to distribute the zakat, must have sufficient knowledge to determine and identify any recipients (asnaf) identified in the Quran.

6) What is the hukum on doing an agricultural project while paying rent on land that is gazetted as a cemetery and general wakaf?

i) It is harus to use the land for an agricultural project while renting as long as the crop on it is not permanent and the land can be emptied anytime it is needed for the original purpose.
ii) Agreement with the tenant must be clear in order to avoid problems in the future.
iii) The money from the rental should be put into the cemetery fund.

7) Is it allowed to develop a Knowledge Centre in the wakaf land of the old mosque site that is not being used anymore?

It’s original purpose cannot be changed. This is based on the words of the Prophet SAW, “ولا يوهب ولا يباع”. (Wakaf property cannot be sold and may not be granted). However, the surrounding land may be utilized.)

8) How are calculations of wages to zakat collector (amil) among the Perak Islamic Religious Council staff?

As a civil servant, they are paid for other tasks. While payments as amil is set out in the Quran, namely 1/12 fitrah amil and 1/16 for property amil.

9) Are the provisions for renovation of the mosque can be taken from the Baitulmal?

Mosques are not included in the recipients of eight. But, mosque may earn revenues from zakat if there is no committee to manage it.

10) A mosque caretaker (siak) have occupied a mosque wakaf land and build a house to make it easier to run his daily tasks. He intends to make the wakaf land where he lived as his own and added a little area in the hope that he can remain there as he lived far from the mosque.

When an endowment has occurred then it cannot be sold, assigned and treated with something that removes the wakaf status. This is based on the words of the Prophet, “الوقف لا يبالع ولايوهب ولايورث”. (Wakaf is not sold, not donated and are not inherited).

11) A former village head, before his death had been talking to me about a lot of land that would be donated (wakaf) as cemetery land. He also informed the children. However, his children had died, and the land has not yet been gazetted as wakaf land cemetery. Can the statement orally uttered to me by the deceased be used?

Gathering other beneficiaries that are still alive and informed wishes of the deceased so that problems will not arise in the future. This needs to be done before forwarded to the Property Division, Religious Islamic Council and Malay Customary of Perak for the purposes of registering and gazetting.

12) A has a 7/12 hectare land in Lot A1. However, B has donated (wakaf) land in Lot A2 of 7.24 hectares and other wakaf land in Lot B2 of 7/24 hectare. A suggested making a cross transfer. A will take Lot B1 which is 7/24 hectare while the B will have a Lot A1 of 7/12 hectare. Is cross transfer allowable?

It is proposed that the land was purchased by the B as there were no dharurah to make the cross transfer.

13) What is the status of religious schools built on the site which was gazetted as a mosque?

Perak State Committee has approved for the changes of status from wakaf to religious school site. However, if the land is needed for the construction of a mosque at a later date then the school must return the land.