Admin & Management of Wakaf by Muis
The Wakaf administration is under the Strategic Unit of Zakat & Wakaf in Muis. All administrative and management matters with respect to the selling, development of Wakaf assets will be decided by Muis senior management and Muis council.
Where there are shariah issues the matter shall be heard in the Fatwa committee. Any investments, purchases or financial obligations or implications which exceed the amount of $5,000,000 will need the Minister’s approval.
Note that the department which oversees the Wakaf administration (Zakat and Wakaf Strategic Unit of MUIS) will oversee the whole compliance with regards to the three types of administrator of the Wakaf that is the Trustee which is the private and corporate Trustees i.e. BMT and thirdly Warees Investments Pte Ltd who acts as the agents of Muis Wakaf which is not managed by the other two groups.
Muis will play the regulatory roles while the Trustees and Mutawallis will play the managerial role and they will need to report and seek approval for example cases like selling and purchasing of assets. Annually, without fail they need to submit full set of accounts to Muis during a stipulated time in accordance with the Act.1
Where there are no private Trustees for the particular Wakaf concerned, Muis becomes the Trustees. There are private Trustees and corporate Trustees managing the Wakaf. The private Trustees are mostly relatives or descendants of the late wakif.
For the corporate Trustee, only British and Malayan Trustee2 , which is a trust company in Singapore manages three Wakafs in Singapore. This happened due to their historical management of the Wakaf before the incorporation of Muis.
All the appointment of the Trustees and Mutawallis has to go through Muis for approval, the same goes for any retirement of Trustees. This monitoring is necessary to ensure that record of the Trustees or Mutawallis managing the Wakaf are centrally documented and kept.
There will be periodical meetings between Mutawallis and Trustees to update on latest development of the Wakaf. Some of the private Trustees have come to sought Muis help in the development of its Wakaf. Hence joint development has been carried out with the expertise emanating from Warees to spearhead the development.
There are legal provisions in the AMLA in section 58 to 64, where matters relating to Wakaf administration are provided. These provisions include the vesting of Wakaf, the registration of Wakaf, the financial provision for Wakaf.
In respect of the other regulations and policy on Wakaf, an internal policy and workflow documents are prepared to provide the general guidelines in matters relating to the administration of Wakaf.
In terms of administrative strive for excellence; Muis has achieved an ISO 9001 for its management and administration of Wakaf. Muis is constantly striving towards excellent management system. It has achieved the mark of the Singapore Quality Class which marks a commitment of the organisation in meeting excellent standards in its processes, leadership, customers and result oriented achievement.
Wakaf in Muslim Law Act (AMLA)
Under the Administration of Muslim Law Act (AMLA):-
- All Wakafs are vested in Muis
- Muis shall administer all Wakaf, whether Wakaf ‘am or Wakaf khas
- Muis shall have the power to appoint and remove mutawallis
- The validity of a Wakaf shall be determined by the Fatwa Committee
- Every Wakaf shall be registered in Muis
Objectives on Wakaf, Muis
- To create new Wakaf for new financing needs of the Muslim community
- To continue redeveloping all Wakaf properties in its portfolio
- To ensure the growth and diversification of Wakaf asset
- To maximise the potential of Wakaf properties
- To efficiently and effectively manage Wakaf fund
- To establish that Wakaf is a model formula for charitable spending
- To channel the proceeds towards community development
To achieve the above goals, Muis has set up Warees Investments Pte Ltd, a wholly owned subsidiary of Muis. It is a real estate company with a sense of community. Its main businesses are:
- Project and facilities management
- Advisory and consultancy
- Lease management
- Real estate investment and development
Services provided by Wakaf, Muis
- Manage and administer Wakaf properties & efficiently manage Wakaf funds
- Muis Wakaf disbursement ceremony / exercise are held yearly.
- Maximise the potential of the Wakaf properties for the benefit of the beneficiaries that is already stated in the respective wills of Wakifs
- Muis first involvement in the development of Wakaf properties was in 1991 with the redevelopment of Wakaf Jabbar
- To date, Muis has developed about 90% of all Wakaf. The largest project undertaken is Wakaf Bencoolen Mosque
- With the development of these properties, Muis has successfully increased the annual income of the Wakaf which in turn benefit the beneficiaries and the Muslim community.
Information on the current state of Wakaf in Singapore
Some developments of Wakaf properties in Singapore:-
- Residential properties at Duku Road, Telok Indah (Wakaf Kassim)
- Service apartments at Somerset Bencoolen (Wakaf Syed Omar Ali Aljunied)
- Commercial properties at Dunlop Street, Kandahar Street, Pagoda Street, South Bridge Road, Telok Ayer Street, Temple Street, Changi Road, North Bridge Road, Upper Dickson Road and Joo Chiat Road.
- Wakaf mosques i.e. Masjid Haji Md Salleh (Makam Habib Nuh), Masjid Khalid, Masjid Khadijah, Masjid Kassim and Masjid Bencoolen.
- The Chancery Residence, an exclusive cluster housing in a prime district (Wakaf Shia Dawoodi Bohra)
- Madrasah Al-Maarif Al-Islamiah at Lorong 39 Geylang (Asset Migration Wakaf)
- Sale and asset migration to 11 Beach Road for enhancing returns to beneficiaries (Annex A: List of Wakaf Migrated)
Wakaf Dispute Resolution
Muis established an enhanced Wakaf dispute resolution framework in August 2016. The policy intent is to strengthen governance by enabling mutawallis to resolve disputes amicably, without legal proceeding, for the best interest of the Wakaf.
Muis encourages all mutawallis to resolve any conflicts amongst them. If not possible, mutawallis can submit an official request to Muis for its assistance. Disputes that are more straightforward will be dealt with by Muis through a counselling or advisory process. For more complex ones, disputants will be advised to attend a mediation conducted by a Wakaf Dispute Resolution Committee (“Committee”), comprising experts with legal, syariah and alternative dispute resolution backgrounds. If a settlement is not achieved during the mediation process or if any party refuses mediation, an inquiry process will be conducted by the Committee. A resolution on the dispute will subsequently be made by Muis Council, based on recommendations of the Committee.
For more information on the Wakaf dispute resolution process, please contact Muis.