Waqf governance in Sri Lanka: legal framework, issues, challenges, way forward

Abstract

Waqf (Endowment) is the permanent dedication by any person to any movable or immovable property for any purpose recognized by the Shari’ah as pious, religious, or charitable. This is one of the Islamic institutions that has existed since the time of the Prophet Muhammad (SAW). The Sri Lanka waqf's management operations are as early as the 1956s institutionalization exercise. Due to the improper management of waqf assets, society has faced poverty, unemployment, and cessation of social voluntary movements. Therefore, this study aims at identifying the challenges faced by waqf institutions in the proper implementation of the Sri Lankan waqf law. The study used a qualitative study and review of documents in the waqf Act and waqf institutions. According to the results, there is no authority to the waqf Tribunal to amend a verdict, The Waqf Tribunal depends on the District Court in implementing the judgments, deficiencies in the selection of trustees or muthawalis, and lack of proper maintenance of the written waqf documents called "Wakfnamar". This study concludes with the argument that the Sri Lankan Waqf institutional process has legal, managerial, and practical shortcomings. There is no doubt that this Islamic doctrine will help Sri Lanka prosper economically if these shortcomings are minimized. The researchers expect that the findings of this study will be significant for future researchers and policy-makers