Waqf Management and Administration: Role of State Islamic Religious Council Negeri Sembilan (MAINS), Malaysia
2014) 1 1 Unit Waqf Mart at Panchor Jaya,
Seremban
RM 500 x 40% = RM200 RM2,400.00 2. 1 Unit Waqf Mart Tampin RM 400 x 40% = RM160 RM1,920.00 3. 1 Unit Waqf Mart Gemas RM 400 x 40% = RM160 RM1,920.00 4. 6 Units Waqf Bazaar Wakaf at Rasah
Jaya, Seremban
RM 150 x 40% = RM60 (RM 60 x 6 unit = RM 360)
RM4,320.00 5. 5 Units Waqf Bazaar at Felda Jelai 4 RM 75 x 40% = RM 30
(RM 30 x 5 unit = RM 150)
RM 1,800.00 6. Yam Tuan Raden Bazaar, Kuala Pilah Not in operation yet
No. Project Details Cost of Construction
1. Bazaar & Waqf Mart YWM
- 1 Unit Waqff Mart at Panchor Jaya
- 1 Unit Waqff Mart Tampin
- 1 Unit Waqff Mart Gemas
- 6 Units Waqf Bazaar Wakaf at Rasah Jaya
- 5 Units Waqf Bazaar at Felda Jelai 4
- Yam Tuan Raden Bazaar, Kuala Pilah
RM 1,411,993.23
The 2015 International Conference of Management Sciences (ICoMS 2015), April 23, UMY, Indonesia | 154 The 77th Muzakarah (Conference) of the Fatwa
Committee of the National Council for Islamic Religious Affairs Malaysia had concluded that cash waqf is allowable. The cash waqf received by MWF is categorized under general waqf. MWF will work together with MAIN (State Islamic Religious Council) which under the law is the sole-trustee. The cash waqf will be used to finance awqaf projects in the respective states.
PWNS is actively promoting cash waqf among the public. Cash waqf gives the opportunity to members of the public to participate in waqf giving. Those who do not have fixed assets such as land to endow as waqf, are still able to make waqf that will give them perpetual hassanah. Table 2 below shows the monthly collections received by PWNS in 2014.
Table 2: Overall Total MAINS Waqf Fund (until end of 2014) Month Amount Collected (RM) Overall Total MAINS Waqf Fund (Until end of 2014) Jan 3,225.25 RM 148,731.95 Feb 2,950.00 Mac 80,000.00 Apr 4,830.70 Mei 12,455.00 Jun 10,890.00 Jul 8,185.00 Ogos 2,230.00 Sept 4,895.00 Okt 6,080.00 Nov 5,641.00 Dis 7,350.00
4.3Waqf An-Nur Clinic and Dialysis Center MAINS has established waqf clinics known as Klinik Waqaf An-Nur in Senawang and Rembau in collaboration with KPJ Healthcare Berhad. Both parties have signed a Memorandum of Agreement on 6 October 2003.The clinic also provides hemodialysis treatment for end stage renal disease patients. Members of the community from the asnaf category who require kidney dialysis treatment are given treatment at the center free of charge. About 50,000
people have obtained treatment at the clinic until now. The Baitulmal MAINS defray the cost of treatment for the poor and those who could not afford. Table 3 below indicate the total monthly claims for dialysis treatment in 2014.
MAINS has planned to establish Klinik Waqaf An- Nur in each district in the State before 2016. The Chairman of MAINS, YAB Dato’ Seri Utama Hj. Mohamad Hasan,, who is also the Chief Minister of Negeri Sembilan, stated that this is one of the measures taken by the State Government to ease the burden from the rising cost of living faced by the people. Patients only need to pay RM5.00 per visit.
Table 3: Waqf An-Nur Clinic and Dialysis Center Month Amount of Fund Collecte d at (RM) Total Claims – Dialysis (RM) Overall Total – MAINS Waqf Fund (for year 2014) Jan 3,632.60 48,982.00 RM 5,793,707.0 7 Feb 3,352.10 42,850.00 Mac 3,210.60 50,025.00 Apr 3,430.80 45,380.00 Mei 3,002.10 49,009.00 Jun 2,565.70 41,531.00 Jul 2,677.00 42,149.00 Ogos 3,521.20 39,983.00 Sept 2,598.00 42,986.00 Okt 2,587.00 47,598.90 Nov 2,186.10 43,968.34 Dis 2,162.00 49,983.26 JUMLA H 34,925.2 0 544,445.5 0
4.4 Joint Cooperation between MAINS/PWNS and Universiti Sains Islam Malaysia
Universiti Sains Islam Malaysia (USIM) is the 12th public institution of higher learning in Malaysia. USIM has established the Center for Awqaf
Development Financing in March 2013. The Center manages the USIM Al-Abraf Waqf Fund.
The Fund is registered and approved by the Negeri Sembilan Islamic Religious Council (NSIRC/MAINS). The State Islamic Religious
The 2015 International Conference of Management Sciences (ICoMS 2015), April 23, UMY, Indonesia | 155 Council has approved the appointment of USIM as
Muta walli (manager) of waqf (letter dated 22 July 2013). USIM is collaborating with NSIRC in the development of waqf financing in higher education. The joint collaboration is in recognition of the legal provision in the Waqf Enactment (Negeri Sembilan) 2005 that NSIRC/MAINS is the sole trustee of waqf assets in the State of Negeri Sembilan, where USIM is located. MAINS and USIM signed a Memorandum of Undertanding on 21 January 2014 with a view to jointly develop a number of projects to nurture the waqf culture especially through the establishment of the USIM Medical Specialist Clinic and the USIM Hemodialysis Clinic (news.usim.edu.my/.../422-
usim-meterai-mou-bersama).
USIM Medical Specialist Clinic will provide services by medical, eye and dental specialists and outpatient treatment. The specialists are from USIM’s Faculty of Medicine and Health Sciences and the Faculty of Dentistry. MAINS has allocated RM2 million to USIM, RM 1 million as outright waqf grant and RM1 million as qardhul hassan to cover the costs of renovation and to purchase medical equipments. The clinic will start operation soon after obtaining the operating licence from the Ministry of Health. USIM has entered into a 3 year (with a 2 year option for extension) tenancy agreement with the BBN Development Sdn Bhd to rent 3 units of double storey shop-lots at Nilai Square, Bandar Baru Nilai as premises for the Medical Specialist Clinic and Hemodialysis Center. The renovation for the Medical Specialist Clinic has been completed. The application for the operating licence from the Ministry of Health Malaysia is under the name of USIM Tijarah Holdings, a company wholly owned by USIM. The Medical Specialist Center is treated as a business arm of USIM Tijarah. In terms of marketing and branding, it will be acknowledged that the clinic has received waqf funding from MAINS. MAINS also has allocated RM 1.5 million for the establishment of the Hemodialysis Center located next to the Medical Specialist Clinic. The renovation work and the purchase of medical equipments will be carried out by MAINS Holdings. The operation of the clinic will be under USIM medical staff. Renovation work has not started yet as the management is still
waiting for the operating license from the Ministry of Health Malaysia.
The joint cooperation between MAINS/PWNS and USIM augurs well for the development of the waqf culture in the State which will give benefits in the areas of health and education. Given that a substantial portion of the capital expenditure (renovation and equipment purchases) covered by waqf grant, the clinic will be able to charge lower consultation fees compared to that charged by other private specialist clinics. The specialists are also willing to accept lower consultation fees by imputing part of their time as waqf of expertise. Well to do patients may also pay extra with the difference donated to a tabarru’ fund. This fund may be used to support poor patients referred to the clinic. The use of waqf fund and the existence of the philanthropic spirit will help to make specialist medical service more accessible.
The State Government has also agreed to support the Specialist Medical Clinic to have a mobile specialist clinic. Under the State Blue Ocean Strategy health has been chosen as the focus. USIM has been chosen to lead the Projek Cahaya. What this basically means is that USIM’s eye specialists visit rural areas using the mobile clinic to do screening for eye-sight problems especially among the senior citizens. The latter will then be able to obtain specialist eye treatment. Specialist service is brought to rural areas benefitting patients who normally would not be able to afford the service.
5. SUMMARY AND CONCLUSION The main objective of this paper has been to look at the management and administration of waqf in Negeri Sembilan with a focus on the legal underpinnings. The State Islamic Religious Council (MAINS) is vested with the power as the sole-trustee of awqaf assets in Negeri Sembilan. Initially MAINS is regarded as the main Mutawalli of Waqf. After restructuring, PWNS is now the main Mutawalli of Waqf. Among the terms of reference of PWNS are to revive the waqf culture among Muslims in the state, to ensure a more systematic and productive waqf management, to enhance stock of awqaf assets and to apply the corporate approach in waqf management especially with respect to capacity building and waqf funding for higher education. Even though PWNS
The 2015 International Conference of Management Sciences (ICoMS 2015), April 23, UMY, Indonesia | 156 was established in 2005, it began to be operating
actively from 2013 with the appointment of more human resources. PWNS has offered a number of awqaf to the public including cash waqf. The amount collected is relatively small relative to the demands for it. One of the critical success factors for a waqf institution is the availability of significant size of capital funds. A more aggressive approach has to be undertaken especially cash waqf scheme to finance productive waqf projects should be undertaken. Another challenge for PWNS is to register waqf assets that are still under government land ie to transfer the title under MAINS as the sole-trustee. MAINS-USIM cooperation in the area of waqf funding for healthcare and education augurs well for the future of waqf. Success in these areas will enhance the confidence of the public in awqaf institutions thereby encouraging them to make Islamic endowments.
REFERENCES
Hasan, Z. & Abdullah, M.N., 2008. The investment of waqf land as an instrument of Muslims’ economic development in Malaysia. Paper presented at Dubai International Conference on Endowments’ Investment, 4-6 February, United Arab Emirates. Mohammad Haji Alias, Asma Abdul Rahman &
Fuadah Johari. 2013. Waqf Financing for Higher Education: Enhancing Accessed to Marginalised Population. Paper presented at Faculty of Economics and Management UKM. 24 October.
Mohammad Haji Alias, Fuadah Johari & Asma Abdul Rahman. 2014. Enhancing waqf institution in Malaysia: role of State Islamic Religious Councils. Paper presented at Islamic Business School, Universiti Utara Malaysia. 19 March. Nor Asiah Mohamad, Sharifah Zubaidah Syed Abdul
Kader & Zuraidah Ali. 2012. Waqf lands and challenges from the legal perspectives in Malaysia. IIUM-Toyo Joint Symposium Sustainable Built Environment: LessonsLearned from Malaysia and Japan.
Sharifah Zubaidah Syed Abdul Kader & Nuarrual Hilal Md. Dahlan. Current legal issues concerning a wqaf in Malaysia.
Syed Othman Alhabshi. 1991. Waqf Management in Malaysia. Chapter in Mohamed Ariff (Edited) The Islamic Voluntary Sector in Southeast Asia. Institute of Southeast Asian Studies, Singapore.
Wahbah Zuhaili. (1985). Al-Fiqh al-Islamiy wa ‘Adillatuhu. Mesir, Dar al-Fikr al-Mu’ashir.
The 2015 International Conference of Management Sciences (ICoMS 2015), April 23, UMY, Indonesia | 157