Comparative Analysis of Waqf Provisions in Islamic Jurisprudence and the Legal Framework in Bangladesh


UDDIN A. H. M. E.

İHYA Uluslararası İslam Araştırmaları Dergisi, cilt.10, sa.1, ss.1-20, 2024 (Hakemli Dergi) identifier

Özet

This paper analyzes the evolution of Waqf governance in Bangladesh, focusing on its historical development, challenges, and prospects for enhancement. It uses a multidisciplinary approach that includes historical analysis, legal examination, and socio-economic assessment to trace the trajectory of Waqf governance in Bangladesh. The study begins by exploring the foundational principles of Waqf, emphasizing cooperation and interdependence within society and the role of Islamic law in shaping religious duties and practices. It emphasizes Waqf's pivotal role as a charitable institution, where assets are dedicated to promoting socio-economic and cultural development. The historical context is examined, particularly during the colonial era from 1757 to 1947, when the legal framework for Waqf in Bengal began to take shape. The enforcement of initial legal regulations in 1894 by the Privy Council marked a significant milestone, followed by the introduction of the Mussalman Waqf Validating Act of 1913. The paper also examines the amendments and modifications that occurred post-1947, leading to the emergence of Bangladesh in 1971. The analysis reveals that Waqf has historically played a pivotal role in the socio-economic and cultural development of Muslim society in Bengal. However, over time, interest in Waqf waned, and governing intellectual and political systems allocated diminishing attention to this vital institution, resulting in a diminishing significance of Islamic endowments. This paper contributes to the broader discourse on the role of Waqf in fostering socio-economic and cultural development within Muslim societies, with a specific focus on its manifestation in Bangladesh.