the role of waqf for environmental protection in indonesia

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The Role of Waqf for Environmental Protection in Indonesia:

Practices, Problems and Prospects

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The Role of Waqf

For Environmental Protection in Indonesia:


A Brief Literature Review

Prepared by:

Mochammad Arif Budiman

DEPARTMENT OF ECONOMICS

KULLIYYAH OF ECONOMICS AND MANAGEMENT SCIENCES

INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

2010


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The Role of Waqf

For Environmental Protection in Indonesia:Practices, Problems and Prospects

A. Background of the StudyThe archipelago of Indonesia and the two huge basins of the Congo and the

Amazon are three main areas where the tropical rain forests cover about 10% of

the surface of the globe. Besides of its enormous size and weight of many plant and

faunal species, the tropical rain forest is a very significant factor in affecting global

climate. Trees are a repository of carbon, which they take in as carbon dioxide in aprocess that produces a vital part of the oxygen in the world. On the contrary,

burning the forest releases CO2 and abolishes part of the machinery for processingcarbon dioxide into the oxygen we need. Therefore, the wealth of the rain forest is

in the rain forest, not beneath it in the soil (Baker, 1993). These areas should be

seriously preserved to keep the worlds environmental balance.

Unfortunately, due to some serious deviation and shortcomings in the

environmental management, Indonesia is now suffering from critical

environmental problems. Referring to the report published by The World Bank

(2009), among shortcomings that the country faces are: (1) improper

environmental management that hurts the poor and the economy; (2)decentralization that causes inefficient natural resource management; (3)

administrative and regulatory framework that cannot yet meet the demands ofsustainable development; and (4) low implementation of policies and programs

which can mitigate progress towards more sustainable development.

Environmental issues in Indonesia are related to the country's high

population and rapid industrialisation, and they are often given a lower priority

due to high poverty levels and weak, under-resourced governance. Issues include

large-scale deforestation (much of it illegal) and related wildfires causing heavy

smog over parts of western Indonesia, Malaysia and Singapore. The country also

has environmental problems associated with rapid urbanization and economic

development, including air pollution, traffic congestion, garbage management, and

reliable water and waste water services. Moreover, deforestation and the

destruction of peat lands make Indonesia the world's third largest emitter ofgreenhouse gases (www.wikipedia.org). Because of such a critical and massive

environmental degradation, the country is experiencing various frightening naturaldisasters which come successively and, in turn, lead to huge financial,

environmental and/or human losses.
http://en.wikipedia.org/wiki/Deforestation_in_Indonesiahttp://en.wikipedia.org/wiki/Illegal_logginghttp://en.wikipedia.org/wiki/Haze#Haze_in_Southeast_Asiahttp://en.wikipedia.org/wiki/Haze#Haze_in_Southeast_Asiahttp://en.wikipedia.org/wiki/Urbanizationhttp://en.wikipedia.org/wiki/Economic_developmenthttp://en.wikipedia.org/wiki/Economic_developmenthttp://en.wikipedia.org/wiki/Air_pollutionhttp://en.wikipedia.org/wiki/Traffic_congestionhttp://en.wikipedia.org/wiki/Wastewaterhttp://en.wikipedia.org/wiki/Wastewaterhttp://en.wikipedia.org/wiki/Traffic_congestionhttp://en.wikipedia.org/wiki/Air_pollutionhttp://en.wikipedia.org/wiki/Economic_developmenthttp://en.wikipedia.org/wiki/Economic_developmenthttp://en.wikipedia.org/wiki/Urbanizationhttp://en.wikipedia.org/wiki/Haze#Haze_in_Southeast_Asiahttp://en.wikipedia.org/wiki/Haze#Haze_in_Southeast_Asiahttp://en.wikipedia.org/wiki/Illegal_logginghttp://en.wikipedia.org/wiki/Deforestation_in_Indonesia


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These heavy problems obviously need to be surmounted and appropriate

solutions should be taken in order to reduce potential calamities and to achieve a

better and more sustainable development of the country. A variety of approachesand solutions can be considered and one of which is by religious approach. As Islam

constitutes a religion of majority Indonesian people, then Islamic approach is

hoped to have a bigger chance to achieve the expected goals which are, amongothers, environmental protection and sustainable development. In this approach,

waqf as a charitable institution in Islam can play its significant role as it didsuccessfully in the past. Reactivating this institution undoubtedly requires a deep

study and continuous effort from Islamic scholars, practitioners and society as a

whole.

B. Statement of the ProblemThere are several questions that are raised as research problems:

1. How is the current environmental condition in Indonesia? What areenvironmental problems and challenges faced by Indonesia?

2. How can waqf be used for environmental protection? Why should waqf beused for environmental protection?

3. What are advantages and benefits of making waqf as a means forenvironmental protection?

4. What are the necessary conditions of making waqf as a means forenvironmental protection?

5.

How to mobilize waqf for environmental protection in Indonesia?

C. Objectives of the StudyThis study is expected to reach the objectives as follows:

1. To give an overview of the current environmental condition in Indonesiaand to explore some environmental problems and challenges faced by

Indonesia.

2. To elaborate potential of waqf institution for environmental protection.3. To reveal advantages and benefits of making waqf as a means for

environmental protection.

4. To analyze the necessary conditions of making waqf as a means forenvironmental protection.

5. To find out the possible and effective ways and methods to mobilize waqffor environmental protection in Indonesia.

D. Literature ReviewEnvironment is the sphere or context where human beings live. This

includes all the natural and human phenomena which affect human beings and are


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affected by them and from which they get their means of subsistence such as food,

clothing, medicine and shelter and wherein they exercise their relations with their

human and non-human fellow creatures (Jamil, 1999). All these components of theenvironment are the resources possessed by the earth that are continuously being

utilised by the living organism for their survival.

In the earlier phase of human civilisation, the natural resources were plentyand in their purest form. However, the civic development activities made by human

being along the history slowly but sure degraded the quality of the environment,which was not realised before. This degradation is referred to as unsustainable

development in which the orientation was only towards the improvement of the

economy of the country without giving necessary attention to the quantity and

quality of the resources being used (Meenakhshi, 2006).

As a result, the balance of the environment is disrupted and slowly but sure

various environmental problems comes about. The facts of widespread destructionare causing alarm in many parts of the world. The planet is struggling against

unprecedented attacks ranging from resource depletion and species extinction topollution overload and toxic surplus. This is worsened by population explosion,

industrial growth, technological manipulation, and military proliferation heretofore

unknown by the human community. Viewed from many accounts, the basic

elements which sustain lifesufficient water, clean air, and arable landare at

risk (Tucker and Grim, 2003). In addition, global warming, climate change, loss ofbio-diversity, devastation of natural habitats and waste problems are of other

serious injuries to the current environment.

1. Emergence of Environmental Economics and Concept ofSustainable Development

Our time today is a period when the human community is in search of newand sustaining relationships to the earth amidst an environmental crisis that

threatens the very existence of all life-forms on the planet.

Responding such dangerous environmental problems, there is growing

concern about the environmental protection throughout the world. A new

discipline called Environmental Economics has been developed to study of howeconomic activity impacts the environment, and of how economic mechanisms can

be created that minimize harm to the environment while allowing maximum

economic benefit.

The basic supposition of environmental economics, now almost universally

accepted, is that the environment is not a separate entity from the economy.

Changes in one affect the other. No economic decision can be made that does notinfluence our natural and built environments. No environmental change could take

place that does not have an economic impact (Turner, Pearce and Bateman, 1994).


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The discipline of environmental economics has evolved rapidly in the last

few decades. It has appeared not only as an academic subject for teaching and

research in the universities and research institutions, but also as a tool for decisionmaking to solve the problems of environmental depletion and degradation.

Application of various economic theories and design of instrumental for

environmental governance has yielded solutions to environmental problems(Kumar, 2008).

Environmental economics is related to ecological economics but there aredifferences. Most environmental economists have been trained as economists and

thus they apply the tools of economics to address environmental problems, many of

which are related to so-called market failurescircumstances wherein the"invisible hand" of economics is unreliable. Meanwhile, most ecological economists

have been trained as ecologists, but have expanded the scope of their work to

consider the impacts of humans and their economic activity on ecological systemsand services, and vice-versa. This field takes as its premise that economics is a

strict subfield ofecology. Environmental economics is viewed as more pragmatic ina price system while ecological economics as more idealistic in its attempts not use

money as a primary arbiter of decisions. These two groups of specialists sometimes

have conflicting views which may be traced to the different philosophical

underpinnings (Wikipedia.org).

As the world approaches the beginning of the twenty first century, itconfronts a challenge without precedent in history, one that perhaps will

determine the future of the humankind as a species. In brief, the current patterns of

production and consumption are unsustainable. This issue is not restricted to a

specific nation or a particular geographic region. Rather, it represents aninternational challenge and leads most analysts to conclude that the transition to

sustainable development is an imperative for the continuing existence of thehuman race on this planet. In other words, achieving a global sustainability is not a

matter of moral and ethical ideals alone but it is becoming a matter of survival ofhuman being (Hamed, 1998).

Having realised a great number of environmental problems brought about

by developmental activities throughout the world, there has been an increasing

attention to a new approach based on the concept of sustainable development or

development which last. Following the 1992 Earth Summit in Rio de Janeiro and

the adoption of the United Nations agenda 21, sustainable development has

become well accepted worldwide (Turner et al., 1994; Munasinghe, 2008).Sustainable development means producing an enduring flow of resources or

balancing resource use with resource availability (Helen, 1997). Yet, the most

publicized definition of sustainability is that of The World Commission on

Environment and Development (WCED) which defines it as developm ent thatmeets the needs of present without compromising the ability of future generations

to meet their own needs. Based on this definition, both intergenerational equity
http://en.wikipedia.org/wiki/Ecological_economicshttp://en.wikipedia.org/wiki/Invisible_handhttp://en.wikipedia.org/wiki/Ecologyhttp://en.wikipedia.org/wiki/Price_systemhttp://en.wikipedia.org/wiki/Moneyhttp://en.wikipedia.org/wiki/Moneyhttp://en.wikipedia.org/wiki/Price_systemhttp://en.wikipedia.org/wiki/Ecologyhttp://en.wikipedia.org/wiki/Invisible_handhttp://en.wikipedia.org/wiki/Ecological_economics


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and intragenerational equityconcerns must be met before any society can achieve

the goal of sustainability. Social and economic development must be carried out in

such a way as to minimize the effects of economic activity (on resources sourcesand waste assimilation sinks) whenever the cost are borne by future generations

(Turner et al., 1994).

Sustainability is the term chosen to bridge the gap between developmentand environment. The concept of sustainability explores the relationship among

economic development, environmental quality, and social equity. Sustainabledevelopment has three dimensions: economic, environment and social. These are

frequently considered as the triple bottom line, and are used to determine the

success of a particular development program or project. Giving each component

equal attention is essential in order to ensure a sustainable income. Economic

dimension is approached by maximizing income while maintaining the constant or

increasing stock of capital. Environment or ecology is approached by maintainingresilience and robustness of biological and physical systems, whereas social

dimension is approached by maintaining stability of social and cultural systems(Rogers, 2008).

The key factors governing sustainable development are poverty, population,

pollution, participation, policy and market failures (including good governance),

and prevention and management of disasters. These can be regarded as the major

pillars on which sustainable development rests.There is a powerful relationship between the environments that we live in

and the idea of sustainability. The natural environment and the resources it

provides are vital to human existence. The concept of sustainability has been linked

to land development practices, population growth, fossil fuel usage, forestmanagement, aqua-culture, pollution, global warming, limited water supplies,

species diversity and extinction, and the type of resources being consumed. Theenvironment and the sustainability of the ecosystems were impacted by all of these

components. Our stewardship of the Planets environment and its resour ces is themost important legacy we will leave to our descendants. Therefore, causing

pollution that permanently damages the natural environment is the reverse of

sustainability (Roosa and Hanka, 2008).

Environmental degradation has certain relationship to the problem of

poverty. Duraiappah (2008) analyzes that even though the degree of relationship is

to some extent being debated among scholars and researchers, the general

consensus seems to be that poverty is a major cause of environmental degradation.For example, in one of the conclusion of the Brundtland Commission Report, which

incidentally has been accepted as the blueprint for environmental conservation, it

is explicitly stated that poverty is major cause of environmental problems and

amelioration of poverty is a necessary and central condition of any effectiveprogram to deal with environmental concerns. Similarly, The World Bank (1992)

joined the consensus with its World Development Report, where it explicitly states,


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poor families who have to meet short term needs mine the natural capital by

excessive cutting of trees for firewood and failure to replace soil nutrients.

However, there is a growing trend in the economic discourse which disputesthe conventional theory and argues that a more complex set of variables comes into

play rather than a single variable that leads to environmental degradation. These

studies highlight demographic, cultural and institutional factors as importantvariables in the poverty-environmental degradation nexus (Duraiappah, 2008).

Boyce (1994) examines that inequality can affect environmentaldegradation. He advances two hypotheses. Firstly, the extent of an environmentally

degrading economic activity is a function of the balance of power between the

winners, who derive net benefits from the activity, and the losers, who bear net

costs. Secondly, greater inequalities of power and wealth lead, all else equal, to

more environmental degradation. There are three reasons behind this: (a) the

excess environmental degradation driven by powerful winners is not offset by theenvironmental degradation prevented by powerful losers; (b) inequality raises the

valuation of benefits reaped by rich and powerful winners relative to costs imposedon poor and less powerful losers; and (c) inequality raises the rate of time

preference applied to environmental resources by both the poor and the rich, by

increasing their poverty and political insecurity, respectively. Boyces findingsimply that democracy and equity are important not only as ends in themselves, but

also as means to environmental protection.Donohoe (2003) finds that environmental degradation and social injustice

affect health of individuals and populations. The environmental degradation and

social injustice variables cover overpopulation, pollution, deforestation, global

warming, unsustainable agricultural and fishing practices, overconsumption, mal-distribution of wealth, the rise of the corporation, the Third World debt crisis, and

militarization and wars. Meanwhile, the health of individuals and populationsvariables consist of increased poverty, overcrowding, famine, weather extremes,

species loss, acute and chronic medical illnesses, war and human rights abuses, andan increasingly unstable global situation that portends Malthusian chaos and

disaster. Donohoe then suggests a set of actions to combat environmental

degradation and social injustice through educational, economic, political and social

roles, including improving role of physicians and giving donation to groups fighting

for environmental preservation and social justice. Such a donation in Islamic

terminology is more likely to waqf.

To achieve sustainable development, two vicious circles, i.e. poverty anddevelopment, must be broken. The first circle indicates how poverty causes

resource depletion and degradation in perpetuity. Stimulated by the necessity of

survival, the poor pollute the environment and erode the land, both of which, in

turn, further entrench poverty. In other hand, the second circle shows howdevelopment leads to resource depletion, degradation and climate changes. These

environmental problems then retard, if not stop, the development process, because


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the resource of the environment are also the resource of development. If

development is to be sustainable, these two circles must be broken (Rogers, 2008).

From a policy perspective, in order to preserve environment and to avoid itsfurther degradation, Duraiappah (2008) proposes two fundamental conditions that

must be fulfilled at all times. First, institutional and market failures must be

corrected. If this is not possible, then policies must be made which take intoaccount these imperfections. Second, groups which adopt unsustainable activities

must be encouraged or given the incentives to discontinue. A strategy ofcompensation, rewards, taxes and information provision may be needed to provide

the right motivations.

Hamed (1998) reflects necessity of capacity building for environmentally

sustainable development. This term covers both a long-term process and a wide

range of specific activities that develop the ability of individuals, organizations, and

societies to manage their environment. The key conditions are: organizations andinstitutions, human resources, information base, and public involvement.

Organizations and institutions are often used interchangeably, and theirpurposes often converge, but they are different from one another. An organization

(e.g., a government department, a ministry, or an agency) is only a major part of the

institutional framework as it performs specific functions. An organization may be

restructured, replaced, or eliminated when its utility or efficiency is questioned.

Institutions, on the other hand, are more deep-rooted and enduring. Theyincorporate the norms, roles, rules, and frameworks that people develop to

organize and guide their individual or joint activities. Ultimately, the norms roles,

and rules of behavior that an institution embodies cannot be sustained without a

network of organizations that promote, codify, enforce, and defend them.People are the reason for/and the means of development. Their efforts,

beliefs, and aspirations provide the foundation on which any development programrests. The work needed move towards sustainable development is multi-

disciplinary, as it encompasses a wide spectrum of issues. Although developmentneeds may differ from one society to another, certain types of human resources are

usually needed. These types comprise of policy makers, legal experts, technical

staff, managers, educators, and opinion makers.

Information is critically important to all human activities. Without

information about their surrounding environment, different communities could

neither make the necessary adaptations for their survival nor determine the

rational decisions to advance their conditions. Rational decisions always requiretwo kinds of information: descriptive information to comprehend the existing

situation and prescriptive information to determine recommended actions to be

taken. Both kinds are vital in improving the planning and management of

environmental resources and in attaining sustainable development.On the whole, public involvement represents the social dimension of

sustainable development, and therefore, it is considered an ingredient of no less


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importance than other dimensions. Failure to recognize the determinant role of the

social actors has doomed many programs trying to induce development. The

centrality of people in the development process cannot be overstated as theenvironment is at risk not from extra-terrestrial enemies, but from human beings,

including both local and distant resource users.

Public involvement is a process through which both the concernedcommunities and other stakeholders influence and share control over development

initiatives and over decisions and resources that affect them. In sustainabledevelopment programs, public involvement can be accomplished on three different

levels: information dissemination, mutual consultation, and direct participation.

Adopting sustainable development as a public policy by any society raises a

number of questions about what are the required steps to achieve that policy and

what kind of economic, legal, political and institutional changes may be needed.

Hamed (1998) adds that in the Muslim countries, this discussion usually extends toaddress cultural and spiritual dimensions as well. Some contemporary Muslim

scholars suggest that the key to achieving sustainable development and toconfronting the environmental crises in their societies hinges around two

strategies. Firstly, promoting the principles of the Islamic economic system, and

secondly, revitalizing the historical resources management institutions of Islam

such as Hisbah, Haram, Hema, Waqf, and Ihya al-mawat(reclamation).

Nevertheless, the possibility and effectiveness of such strategies in mostMuslim countries so far are somewhat questionable. After deeply analysing the

objective condition of these countries, Hamed (1998) comes into conclusion that

efforts to achieve sustainable development in the Muslim countries have rarely

capitalized on the cultural heritage of the Shariah and the programs implementedthroughout these countries suggest an elitist bias. Their conceptual underpinning is

rooted in Western values and/or serving foreign users. Meanwhile, the proposalsthat have been presented by different scholars to revitalize traditional Islamic

institutions; such as Hisbah, Haram, Hema, Waqf, and Ihya, and others; are few innumber, sketchy in contents, and over-optimistic in spirit. All of these proposals

have avoided any serious assessment of implementing their schemes under the

political conditions that prevail in Muslim countries today.

The assessment by Hamed (1998) also suggests that most Muslim countries

are not fully prepared to achieve sustainable development with or without

Islamizing their environmental institutions. The greatest obstacle today is not

environmental but political. Political conditions are at the heart of ecologicaldestruction and resource depletion in the Muslim world today. Sustainable

development hinges on public involvement. It is rooted in what is commonly

known in Western political thought as democracy or in Islamic jurisprudence as

Shura. Ideals do not automatically give rise to practical actions. They have to betranslated into policies and programs that work. To gain public support in the

Muslim world, these policies and programs have to be rooted within the Islamic


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perspective of governance and social ethics. Sustainable development is becoming

a matter of survival, and therefore, it is too crucial to be left entirely in the hands of

unelected, autocratic, and/or incompetent governments. The Muslim intelligentsiatherefore must take the initiative and get involved seriously in shaping the future of

the ummah.

2.Environment in Islamic PerspectiveIn Islam, the conservation of the environment is based on the principle that

all the individual components of the environment were created by God, and that all

living things were created with different functions which carefully measured and

meticulously balanced by the Almighty Creator.

The roots of Islamic environmental practice are to be found in the Quran

and the Sunnah of Prophet Muhammad. Muslims learn from the Quran that God

created the universe and every single atom and molecule it contains and that thelaws of creation include the elements of order, balance and proportion: He createdeverything and determined it most exactly (25:2) and It is He Who appointed the

sun to give radiance and the moon to give light, assigning it in phases ... Allah did

not create these things except with truth. We make the signs clear for people who

know (10:5).

The legal and ethical reasons for protecting the environment can be

summarized as follows (Dien, 1997; Deen, n.d):

First, the environment is God's creation and to protect it is to preserve its

values as a sign of the Creator.

Second, the component parts of nature are entities in continuous praise of

their Creator. Humans may not be able to understand the form or nature of thispraise, but the fact that the Qur'an describes it is an additional reason forenvironmental preservation:

The seven heavens and the earth and all that is therein praise Him, and there is not

such a thing but hymneth his praise; but ye understand not their praise. Lo! He is

ever Clement, Forgiving (17:44).

Third, all the laws of nature are laws made by the Creator and based on the

concept of the absolute continuity of existence. Although God may sometimes wish

otherwise, what happens, happens according to the natural law of God (sunnah),

and human beings must accept this as the will of the Creator. Attempts to break the

law of God must be prevented.Fourth, the Qur'an's acknowledgment that human-kind is not the only

community to live in this world "There is not an animal in the earth, nor a flying

creature flying on two wings, but they are peoples like unto you" (6:38) means

that while humans may currently have the upper hand over other "peoples," theseother creatures are beings and, like us, are worthy of respect and protection. The

Prophet Muhammad (peace be upon him) was once asked whether there will be


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a reward from God for charity shown to animals. His reply was very explicit: "For

[charity shown to] each creature which has a wet heart there is a reward."

Fifth, Islamic environmental ethics is based on the concept that all humanrelationships are established on justice ('adl) and equity (ihsan): "Lo! Allah

enjoineth justice and kindness" (16:90). Interestingly, all environmental elements

are complexly interlocked one to another so as to maintain the equilibrium ofenvironment. It is sunnat Allah to remain in this condition since it was created by

Allah with justice. If there is injustice in creation, it is impossible to remain inproper and systematic balance. This is because everything that is unjust will

deviate from balance and then lead to decay and corruption (15:85; 44:39). The

prophetic tradition limits benefits derived at the cost of animal suffering. The

Prophet Muhammad instructed: "Verily Allah has prescribed equity (ihsan) in all

things. Thus if you kill, kill well, and if you slaughter, slaughter well. Let each of you

sharpen his blade and let him spare suffering to the animal he slaughters."Sixth, the balance of the universe created by God must also be preserved.

Seventh, the environment is not in the service of the present generationalone. Rather, it is the gift of God to all ages, past, present and future. In Islam, man

does not own the earth, has been granted a stewardship to manage it in accordance

with the purposes intended by the Creator (God), to utilize it for his own benefit

and the benefit of other created beings. Consequently, Prophet Mohammed said in a

speech that the world is beautiful and verdant, and verily God, be He exalted, hasmade you his stewards in it, and he sees how you acquit yourselves.Accordingly,

the environment should remain healthy and safe by the present generations to be

inherited by future generations, since the environmental destruction violates

public interests especially when it causes air, soil, or water pollution (Al-Duaij andAl-Anzi, 2009).

Finally, no other creature is able to perform the task of protecting theenvironment. God entrusted humans with the duty of viceregency, a duty so

onerous and burdensome that no other creature would accept it: "Lo! We offeredthe trust unto the heavens and the earth and the hills, but they shrank from bearing

it and were afraid of it. And man assumed it" (33:72).

Prophet Mohammed ordered Muslims to maintain their environment when

he said in a prophetic hadits: If any Muslim plants a tree or sows a field, and a

human, bird or animal eats from it, it shall be reckoned as charity from him (Imam

Ahmad). In other hadits, he said, If the day of resurrection comes upon any one of

you while he has a seedling in hand, let him plant it (Al-Bukhari).On the contrary, destroying the environment, and not participating in its

protection is considered as an abuse of the orders of God and Prophet Mohammed,

which will cause an otherworldly punishment.

One of the stories often told by Muslims concerning the environment is theinstruction by Abu Bakr, the first Caliph of Islam to his armies.


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Remember that you are always under the eye of God, behave like men, do not run

away, nor let the blood of women, children or old people stain your victory. Do not

destroy palm trees, do not burn houses or fields of wheat, never cut down fruit

trees and kill cattle only when you need to eat it (Schwarte, 2003).

There were two elements present in this decree: the first, to establish justice even

as the Muslim armies fought, and the second, to recognize the value of nature. It

should also be noted that the environment was not an issue or subject for separate

treatment in life as it flowed onwards in both war and peace. The human condition

was never separated from the natural order. It was a matter to be reckoned with at

every moment of existence like the very air we take into our lungs (Khalid, 2002).Creation or nature is referred to as the signs (ayat) of Allah and this is also

the name given to the verses of the Quran. Ayat means signs, symbols or proof ofthe divine. As the Quran is proof of Allah so likewise is His creation. As the Quran

says, there are certainly signs in the earth for people with certainty; and in

yourselves, do you not then see? (51:20, 21).It is impossible for man to know Allah (s.w.t) without knowing and

observing what is in our surroundings. Deuraseh (2009) urges to closer look at al-

Asma al-Husna (Gods Divine Names) which are found in the Holy Quran, reveals

thatal-Muhit(Who encompasses all things) is one of the ninety-nine names of Allah

(s.w.t). This indicates that Almighty Allah (s.w.t) encompasses all things and He is

indeed close by, even though we do not comprehend the full significance of these

terms. Allah (s.w.t) says in the Quran: But to God belong all things in the heavens

and on earth: and it is He who encompassed (muhit) all things. Thus, the termMuhitalso means environment. In a deeper sense, it is always true to say that God

Himself is the Ultimate Environment which surrounds and encompasses all things.

The universe we inhabit is a sign of Gods creation as is the environment of

our innermost selves. They both emanate from the One Source and are bonded by

only one purpose, which is to serve the divine will. This bonding of the cosmic to

the subatomic is the deep ecology of Islam but it is not a relationship of equals as

we can see in the hierarchy of the food chain dominated by Man. Whilst the

primary relationship is that between the Creator and the rest of His creation, theCreator Himself determined a subsidiary one, that between Man and the rest of His

creation which the Quran defines as follows: It is He Who created everything onthe earth for you (2:28); We did not create heaven and earth and everything

between them as a game (21:16); We did not create heaven and earth andeverything between them to no purpose (38:26); He wanted to test you regardingwhat has come to you (5:48).

As our interaction with the environment evolved, it manifested itself in arange of rules and institutions. As the Muslim community expanded out of its

sparse desert environment, it was confronted by many challenges, one of which


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was relative abundance. This brought about other problems like over exploitation

and waste.

Environmental protection basically is a common responsibility of all humancommunities regardless of race, nation or religion. All are responsible to maintain

and protect the environmental balance. However, as pointed out by Akhtar (1996

and 2006), the Muslim economists have so far made relatively insignificantcontribution to the subject of environment. According to him, most of Muslim

economists have only discussed the moral aspect of the subject in general terms.While there are plentiful norms in Islamic teachings dealing with environmental

issues, in fact, there are very few studies among Muslim economists which have

thoroughly approached the problems.

Manzoor (1988) underscores some metaphysical and philosophic principles

governing the environmental ethics of Islam which includes Tawhid(unity of God),

Khilafa and Amana (stewardship and trust), sharia (the ethics of action), adlanditidal(justice and moderation), and the sacramental earth.

Chapra (1993) sketches the ethical foundations for the protection ofenvironment under the principle of No Injury. According to this principle, doing

something that harms others is strictly prohibited. He contends that the

environmental degradation harms both the present and future generations.

Therefore, it is an obligation of an individual and a society to protect and maintain

the environment.Akhtar (1996) studies the Islamic viewpoint about the environment and

presents the notion of environmental balance in an Islamic economy. He

emphasizes that this balance can be maintained with the help of Islamic ethics and

institutions. He also demonstrates the positive role of the private sector in terms ofenvironment-friendly behavior, fellow-feeling, and simple living of the people.

Similarly, he discusses the legislature, monitoring and resource development rolesof the Islamic state to protect the environment.

Deuraseh (2009) discusses the Islamic concepts of al-mizan and man ofadab to show Islamic ethical principles against environmental degradation. This is

because they are among the important principles, which teach Muslim how to

behave and how to deal with the environment. Quoting some scholars such as

White (1967) and Toynbee (1972), Deuraseh highlights ineffectiveness efforts to

solve the environmental problem so far because most such efforts are only done

through changing the existing institutional mechanisms through laws and public

policy and not a change in attitudes and beliefs of man. Hence, these efforts are notproving very effective. In this regard, Al-Attas (1998) states that protecting the

environment from corruption cannot be fully practiced without constantly striving

to improve every aspect of man towards perfection as a man ofAdab. He defines a

man of Adab (insan adabi) as: the one who is sincerely conscious of hisresponsibilities towards the true God who understands and fulfills his obligations

to himself and others in his society with justice.


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3. Institution of Waqf3.1. Definition and characteristics

Waqf was introduced by Islam and was a dynamic institution during the

early Islamic society. Qureshi (1978) asserts that according to general opinion of

Muslim theologians, there were no waqf in Arabia before Islam, either in the form

buildings or lands. Muslim jurists traced the institution to the Prophet (pbuh)

although there was no specific evidence of it in the Quran.Kahf (1998) defines waqf from Shariah perspective as holding a maal(an

asset) and preventing its consumption for the purpose of repeatedly extracting its

usufruct for the benefit of an objective representing righteousness or

philanthropy. By this definition, waqf is a continuously usufruct-giving asset as

long as its principal is upheld. The definition also covers perpetuity concept of waqf

remains as long as its asset lasts.Waqf is a kind of voluntary charity that has always been encouraged in

Islam. It is endowed for a charitable purpose in perpetuity and the revenue

generated is spent for this purpose, stands out as one of the greatest achievements

of Islamic civilization. izaka (1998) describes that all over the vast Islamic world,

from the Atlantic to the Pacific, magnificent works of architecture as well as a

wealth of services vitally important to the society have been financed and

maintained for centuries through this system. It has even been argued that manywaqfs had survived for considerably longer than half a millennium and some even

for more than a millennium.As a special kind of benevolence, waqf has three special characteristics

(Kahf, 1998; Sabit and Hamid (n.d.):1. Perpetuity, which means that once a property, often a real estate, dedicated as

waqf it remains waqf forever. The Arabic term for perpetuity is tabid.

2. Irrevocability, which means the lack of power of the settler (waqif) to revoke hisdonation at any time. According to Abu Yusuf waqf is effective and binding as

soon as the declaration is made by the donor without any need for delivery of

possession to the beneficiary.

3. Inalienability, which means that after a valid declaration is made, the subjectmatter of the waqf passes out of the ownership of the waqifand it cannot be

alienated or transferred either by the waqifor the mutawalli nor do their heirscan take it by way of inheritance.

Many scholars such as Kuran (2003) and Platteau (2008) assert that

perpetuity and inalienability of waqf are the main obstacles to the development,

thus, affecting its contribution to the welfare of the society. Though, Kahf (1998)

and Sabit & Hamid (n.d.) propose to re-examine both concepts. Referring to the

Prophets hadith about the waqfof the sayidina Umar (r) that the land should not

be sold, given as gift or inherited, they find that the concept of perpetuity is not

expressly established in the sunnah. This hadith can be interpreted differently.


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First, the hadith of Umar, concerning habs is a form ofsadaqah jariyah and if

read together with other hadiths ofsadaqah it will become clear that a sadaqah that

recurs after the death of the donor is also a habs as long as the donation keepsbenefiting Muslims. The hadiths, according to Kahf, establish the permissibility of a

permanent and temporal waqfs. Therefore, one cannot claim that perpetuity is

permitted as a general rule and the recognition of temporal waqf as exceptional,because that would be unjustified; both forms of charity are provided by hadiths

and should be treated equally.Second, the reported hadith must be read as a whole including the part

saying: if you wish you can detain the corpus and let its benefits go to welfare.The

hadith in this way gives liberty (which also implies the permission of other forms of

waqf) to the owner of the property to perpetually give his property in waqf. This

hadith does not prohibit other forms ofwaqf. To say that other forms are not valid

is not founded on any legal text except human reason and analogy. Analogicalreasoning, as a rule, is suppressed at the interest of the community and due to the

change of circumstances; it is the interest of the community to allow all forms ofwaqfmentioned in the classical fiqh. This is justified in the light of another juristic

principle: the rule is permissibility until there is evidence against its validity.

Considering this principle one should then choose liberal approach in cases where

the text is for permissibility and choose rigidity if the text prohibited the action.

Since waqf is for the benefit of ummah and there is no restriction on donors, alltypes ofwaqfshould be allowed.

Sabit & Hamid (n.d.) also refer to the pre-modern jurists especially in the

Hanafi and Hanbali schools which have devised several schemes to counter the

negative effect of perpetuity by allowing the exchange of estates or sell ( ibdalandistibdal).

The definition of waqf by Kahf (1998) above essentially attempts to replacethe perpetuity of the object with the perpetuity of the dedication benefits. Sabit and

Hamid (n.d.) add that perpetuity of this dedication is achieved by assigning value tothe benefits object of the waqf and then amortizing it; thereby by passing the

perpetuity and inalienability of the object. This is basically not a new idea. It is

developed on the back of the acceptance of cash waqf and istibdal by the early

jurists. Ibn Abidin justified the permissibility of dirham and dinaras waqfbecause

they can exist in perpetuity, provided the cash is invested in trade whereby the

capital plus profit is returned to waqf. One of justification for his thought was that

money refers not to the physical form of silver or gold or its particular looks andphysical survival as time passes. It is the value of cash which is determined in

amount and then thought to exist in perpetuity. This opinion of Ibn Abidin implies

the distinction between dedication and the subject matter, which means that the

dedication of benefits should be perpetual and not necessarily the subject matter ofthe dedication.


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Under this new understanding of perpetuity and inalienability, instead of

being an impediment to development, waqf hence could convincingly play its vital

role in the contemporary modern economy.Another thing that makes waqf suitable for development is possibility of

cash waqf. Cash waqf emerged as early as the 8th century (CE). By the 16th century,

cash waqf accounted for more than half of all new waqf in Ottoman Empire, thoughmost of them were on the small side as measured by assets. The cash waqf

undoubtedly limited one of the problems associated with static perpetuity. It allowsthe transfer of waqf capital across economic sectors by creating some profitable

projects or simply by transmitting loans from one set of borrowers to another

(Hasan, 2007; Kuran, 2001).

3.2. Socio-Economic Role ofWaqf

Waqfis one of important institutions in Islam. Alhabshi (1991) highlights avery significant social and economic role that has played by waqf. Its potential can

be discerned by the very insistence on the non-transferability of the ownershiprights of the property. Once a piece property is given for a charitable purpose, the

owner ceases to have any claims over it, as the property belongs to no one but

Allah. This concept is of great importance for the development of poorer sections of

society if such waqf properties would be managed to generate income for

distribution or even for further accumulation of assets. Therefore, waqf could beregarded as a vital economic institution for purpose of generating economic

activities whilst at the same time ensuring that the benefits will accrue to some

sections of society.

It will equally be relevant and can provide economic and social dynamism tothe present quest to develop our present society. This principle and spirit of waqf

are very basic and fundamental for a strong society. Through the waqf institution,voluntary donation from the well-to-do Muslims can be mobilised to organise the

society. The motivation to contribute to waqfinstitution is basically due to religiousencouragement. Islam has promised its followers that a charity contribution to

waqf can make a great wonder to the donor. Abu Huraira reported Allahs

messenger (pbuh) as saying: When a man dies, all his acts come to an end, but

three; recurring charity, sadaqa jariya (donation for the waqf), or knowledge (by

which people benefit), or a pious offspring, who prays for him (Muslim). One

motivation to spend in the way of God by way of forming waqf is that this continues

to generate rewards (thawab) for the initiator of the even after his death. As longas the waqf is operational and benefiting the beneficiaries, its rewards continues to

flow to the soul of the deceased.

The waqf mechanism is a very relevant and a dynamic approach in

organising the present economic society. The purpose of the mechanism of waqfisreligiously to encourage individuals who are well-to-do in the society to voluntarily

donate some of their properties to be used for a specific purpose like building of


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mosque, hospital, cemetery, hostel, play ground, etc. or for general purposes that

can be beneficial for the present and future generations. This mechanism if is

properly institutionalised can nurture the feeling of social responsibility among thewell-to-do to.

Historically, the Islamic society assigned education, health, social welfare

and environmental welfare to this third sector. Furthermore, the third sectorprovided defence services and public utilities in many instances. Consequently, we

have seen the Muslim society depending essentially on waqf for the provision ofeducation at all levels, cultural services, such as library and lecturing, etc, scientific

research in all material and religious sciences and health care including the

provision of physicians services, hospital services and medicines.Throughout history of Islam since its early stages, a great number of

following public needs or activities are based on, or financed by, waqf funds:

a. Religious purposesAlmost all mosques which provide canters of socio-cultural activities in

Muslim societies have been built on waqf. Spending on mosques is the most

frequent purpose of waqf revenues. This usually includes salaries of imam,

teacher(s) of Islamic studies, preacher(s) with the help of this independent source

of finance, religious leaders and teachers have always been able to take social andpolitical positions independent of that of the ruling class. For example, upon the

occupation of Algeria by French troops in 1831 the colonial authority took control

of the awqaf properties in order to suppress religious leaders who fought against

occupation (Kahf, n.d).Before the establishment of schools, mosques were the main institutions of

learning in the Islamic world. As mosques were waqf, so education also became anintegral part of waqf. During the first century of Islam, mosques were places for

teaching of Quran and hadits, at places where formal schooling was lacking.Mosques still preserve their primacy as ideal institution of learning. Mosque as a

waqf institution has always been instrumental in the educational improvement of

Muslim and other purposes of social significance like solemnisation of nikah,

naming ceremony, fatihah for the dead, eid miladof the Prophet, and sermons on

ethics, morality and social ills (Rashid, 2002). There are also other kinds of waqf in

religious purposes like shrines and Eid prayer grounds (big fields endowed for

biannual Eid prayers) which are used for many other social occasions andmeetings.

b. Educational purposesEducation in general has been the second largest user ofwaqfrevenues after

building of mosques. Since the beginning of Islam, in the early seventhcentury,

education has been financed by waqf and voluntary contributions. Many


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educational institutions, including universities, colleges, schools, and most of the

religious-oriented educational institutions are based on waqf.

The earliest deed of waqf in favour of a madrasah was for MadrasahNizamiyah of Baghdad, named after Nizam al-Mulk (475 AH/1085 AD) in which

Shafii fiqh was taught. The library of this madrasah was so rich in books that its

popular name was khizanat al-kutub (the treasury of books). Some of well knownschools of this period were: Madrasah Nizamiyah (Naisapur), Madrasah

Mustansiriyah (Baghdad), Madrasah Nuriyah (Damascus), Madrasah Salihiya(Jerusalem), Madrasah Al-Aziziya (Damascus), and madrasah-jamis which were

institutions of learning, situated everywhere (Rashid, 2002).

It was reported that the Island of Sicily, under the Islamic rule had 300

elementary schools. All of them are built by waqf; and all of them are provided with

waqf revenue for payment of teachers and school supplies. The number of high

schools and universities in each of the major Islamic cities, such as Al-Quds,Damascus, Baghdad, Cairo and Nisapur was in the tens and hundreds. There were

universities specialized in different areas of sciences, such as medicine, chemistryand Islamic studies. These included universities, like Al-Qurawiyin in Fez, Al-Azhar

in Cairo, Al-Nizamiyah and Al-Mustansiriyah in Baghdad, the awqaf estates used to

provide these universities with building in addition to teaching materials, scientific

books, salaries for teachers and stipends for students. Some universities even have

student dormitories for both single and married students (Kahf, 1998).In different parts of South Asia, waqf provide support for education. Some

institutions (e.g. madrashas

or orphanages) in Muslim communities, for

generations, have been successful in receiving waqffunds. Almost all the madrashas

operating in South Asia, like many other Muslim countries, are established,financed, and managed through the funding from many waqfs. In Indonesia and

Malaysia, Islamic educational institutions, especially the pondoks or pondokpesantrens (boarding schools), are established and operated by awqaffunds.

Scientific libraries were also built by waqf and supplied with tens andhundreds of thousands of volumes. Payment for libraries employees, supervisors,

and script writers was provided form the huge revenues of orchards and rentable

buildings made waqf for the benefit of these libraries. The importance of libraries

and books reached a level that forced many Fuqaha who usually do not consider

waqf applicable to mobile assets to make an exception with regard to copies of the

Quran and scientific books, so there is no disagreement among Fuqaha on the

permissibility of making these two kinds of mobile assets into waqf. In order tofacilitate lending books to scholars and researchers, they ruled that it is not

permissible to ask book borrowers to provide collateral even if the waqf founder

makes such a provision in the waqf document. It is thus ruled that such a condition

by the founder is invalid. The Islamic history also witnessed specialized awqaf forscientific research in medicine, pharmacology, and other sciences.


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The provision of waqf for education is probably responsible for the usually

common independence mentality we notice in the scholars into popular leaders

and outspoken representatives of the society in any confrontation with theauthority. It also contributed to reducing the socioeconomic differences by offering

education to those who can take it on merit basis rather than on ability to pay for

educational services. Hence, the economically poor classes had always equaleducational opportunities that allow them to climb faster of the socioeconomic

ladder (Kahf, 1998).In addition to freedom of education, this approach of financing helped

creating a learned class not derived from the rich and ruling classes. At times, the

majority of Muslim scholars used to be coming from the poor and slave segments of

the society and very often they strongly opposed the policies of the rulers (Kahf,

n.d).

It was also quite interesting to note that in seventeenth-century CentralAsia, like in Bukhara, there was practice of waqf in which rulers as well as

individuals donated books as waqf properties beside other common properties.This fact leads us to conclude that books occupied a place of significance that they

were valuable and beneficial enough to become an endowment in Bukharans

Khanate (Liechti, 2008).

c. Medical and health purposesThe health and hygiene sector has been an important beneficiary of Muslim

waqf. Hospitals and their equipment, salaries to physicians and their subordinates,

schools of medicines and pharmacy and stipends to students were all provided on

regular basis by the waqf. Special waqf were established for specialized medicalschool for research in chemistry and for payment for food and medicine for

hospital patients. There was even some waqf for patients entertainment, includingpeople, especially hired for hinting to patients that their illness is mild and curable

in a short time.Meanwhile, public bath became one of the major beneficiaries ofwaqfin the

early days of Islam because cleanliness has been a major part of the Belief system.

Charitable dispensaries and Hekimi dawakhanaall over South Asia have been

providing health service to thousands of poor people. In Pakistan, a major waqf,

Hamdard Foundation, has been producing and distributing herbal medicines and

tonics, since 1906. In many Muslim countries, including Bangladesh, Egypt, Jordan,

Malaysia, Pakistan, and Yemen, public hospitals and health centres are establishedand supported by large waqf(Hasan, 2006).

d. Business purposesThe history of waqf is very rich with impressive achievements in serving the

poor in particular and enhancing the welfare in general. There were waqf of grain

to be used as seeds, and waqf to provide loans to persons who need financing and


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providing services and supplementary income to low income people (Ibnu Abidin

1301 H). The cash investment waqf dates back to as early as the turn of first

century of Hijrah. Bukhari narrates an incident of cash waqf given to a merchant touse for trade and its profit to be used for charity. Cash waqf had two forms. First,

cash was made into waqf to be used for free lending to the beneficiaries and

second, cash was invested and its net return is assigned to the beneficiaries of thewaqf (Ahmed, 2004). Shopping complexes and commercial centers to earn income

for financing target projects are also built on the basis of waqf.

3.3. Waqffor Environmental Protection

Environmental degradation increases remarkably and becomes one of the

major problems in last few decades. It is considerably important to examine the

Islamic role in environmental protection due to extensive environmental

degradation caused by human activities. In this regard, waqf as a charitableinstitution in Islam has potential and could be employed as a vital instrument for

environmental protection.However, this mission dealing with the protection of environment is much

less popular than any other form of waqf such as for religious, education, health,

and business purposes. Both discourse and practices of waqf for this particular

purpose seem very limited although the Islamic teachings and principles have

extensively encouraged Muslim to do these valuable and long-term impactactivities.

There are only few scholars have studied and discussed the environmental

waqf. Bagader et al. (1994) in their book entitled Environmental protection in Islam

have slightly discussed the existence of waqf in the conservation and wisedevelopment of the environment. They consider waqf as the most important

institution in Islamic law that could be used for this purpose. Waqf constitutes themajor avenue for private contribution to the public good. Bagader et al. (1994)

suggest that waqf may take the form of a land trust dedicated in perpetuity tocharitable purposes such as agricultural and range research, wildlife propagation, a

public cistern, garden or may take the form of a fund for the financing of such

projects.

Akhtar (1996) stresses responsibility of the Islamic state or public sector for

the maintenance and development of state lands, endowments, common and

unowned lands. However, he also refers to the substantial role of waqf which is the

third sector in the past and expects that this institution can be reactivated so thatits land resources can be used for a forestation, watershed management, and wild-

life conservation. Similarly, Llewellyn (2003) also points out the various private

contributions of land and money as instruments of conservation worldwide. He

asks Muslim jurists to investigate ways to manage a waqf as an accumulating fundthat solicits the contribution of further endowments, or as accumulative land trust

that solicits the endowment of additional wildlife habitats.


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The only study that talks specifically about environmental waqf is the paper

of Al-Duaij and Al-Anzi (2009) entitled The environmental laws & regulations in

Islamic waqf: Application to the situation in Kuwait. Even though using lawapproach, this paper gives very useful information pertaining the topic. Both

authors discuss the meaning and history of waqf, division and function of waqf and

environmental protection in waqf. In this part, they analyze waqifs will, power ofadministrator and qadi, duty of administrator, judges supervision and goals of

waqf. They also discuss the perpetuity, irrevocability and inalienability of waqfwhich are meant to provide stable circumstances that allow the administrator to

better protect the corpus. However, waqf corpus may only be exchanged for

equivalent property, or it may be sold according to the Qadi grant, to achieve the

waqf goals.

In realm of practice, it is important to note that in 1992, Kuwait Awkaf

Public Foundation (KAPF) established Waqf company, Kuwaiti Company for theEnvironmental Services, mainly focus on the cleaning services. This is to assure that

waqf property put environmental protection as a priority. KAPF plays a major rolein pulling the public attention to the importance of environmental waqf. In 1995,

KAPF has established an Environmental Fund with the mission to protect and

maintain the environment. Moreover, the KAPF is preparing a project to treat

mosques sewer in view to use it in watering the mosques plants. Finally, KAPF is

charged, beside building and maintaining mosques, to green their yards as well.In addition, a pure environmental waqf case was witnessed in Syria and

deserves to be mentioned here, based on the will of the waqifs, and in response to

the increased number of unwanted animals, two waqfs on cats and unwanted

riding animals were established in Damascus.


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