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Waqf ... what do you know about Waqf?

publish time

10/12/2024

publish time

10/12/2024

Waqf ... what do you know about Waqf?

Kuwait has long valued the contributions of philanthropists for charitable causes, alongside its dedication to managing the affairs of orphans and safeguarding their wealth.

Initially, these responsibilities fell under the Ministry of Awqaf and Islamic Affairs when ministries were established in the 1960s.

However, in 1993, the endowment (waqf) was separated from the ministry to become an independent body, which was often dominated by individuals associated with the Muslim Brotherhood.

Unfortunately, both the ministry and the endowment authority have frequently been marred by allegations of mismanagement and misconduct, largely due to the perception that these funds were inadequately supervised.

The primary role of the endowment and orphan care is to invest these funds wisely and professionally.

Historically, their management was entrusted to clerics or individuals of high reputation. However, most lacked the expertise necessary for effective investment management.

Over the years, I have repeatedly advocated for the appointment of qualified investment professionals to oversee these assets, regardless of their religious or political affiliations.

Such proposals, however, have often been dismissed, as control of these lucrative positions has been seen as too valuable to relinquish. This control was frequently retained by members of religious groups aligned with specific political agendas, often leading to unsatisfactory outcomes.

One striking example was the scandal involving an official with ties to the Muslim Brotherhood, who, as a trustee of the endowment, initiated a costly project to cover defects in a large endowment-owned building with expensive “Alka Bond” panels.

The true cost of the project was inflated to include a personal commission exceeding one million dinars. When the fraud was uncovered, the individual fled abroad, evading prosecution.

Despite the damage, no criminal case was filed against him, though his reputation suffered, and his political ambitions were derailed.

This same building is now slated for demolition due to its flawed design and poor execution, serving as a stark reminder of the consequences of mismanagement.

Recently, the government has reportedly been considering transferring the assets of the General Authority for Minors and the General Secretariat of Endowments to the General Investment Authority.

This move would place the management of these funds in the hands of professional portfolio managers -- a demand I and others have championed for over two decades.

Yet, certain groups have opposed this idea, citing the need for these funds to be managed in compliance with Islamic law under the supervision of Sharia committees, a condition they claim is not met by the Investment Authority or private portfolio managers.

For decades, such objections have stifled reform, despite numerous violations and mismanagement scandals. Now, when a sensible proposal to entrust these assets to professionals emerges, opposition is swift and vocal.

The sanctity of orphan and minor funds is equivalent to that of public funds; neither is more sacred than the other.

Arguments relying on the necessity of Sharia oversight often fail to hold up under scrutiny, especially given that such oversight has not prevented transgressions in government institutions or Islamic joint-stock companies. The examples of mismanagement are countless.

Ultimately, experience shows that the integrity and competence of those entrusted with public funds, regardless of their origin, are the true safeguards, not the mere presence of committees or regulations.

While it is important to retain legal and Sharia advisors for matters related to endowments and minors, there is no logical reason why these assets cannot also be managed by professional experts with the necessary qualifications and ethical commitment to maximize their potential.