The Role of Waqf For Environmental Protection in Indonesia

The Role of Waqf for Environmental Protection in Indonesia: Practices, Problems and Prospects
The Role of Waqf For Environmental Protection in Indonesia: Practices, Problems and Prospects
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 Study
The 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 a process 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 processing carbon 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 of sustainable 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 of greenhouse gases (www.wikipedia.org). Because of such a critical and massive environmental degradation, the country is experiencing various frightening natural disasters which come successively and, in turn, lead to huge financial, environmental and/or human losses.
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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 approaches and 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, among others, environmental protection and sustainable development. In this approach, waqf as a charitable institution in Islam can play its significant role as it did successfully 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 Problem

1. 2. 3. 4. 5. There are several questions that are raised as research problems: How is the current environmental condition in Indonesia? What are environmental problems and challenges faced by Indonesia? How can waqf be used for environmental protection? Why should waqf be used for environmental protection? What are advantages and benefits of making waqf as a means for environmental protection? What are the necessary conditions of making waqf as a means for environmental protection? How to mobilize waqf for environmental protection in Indonesia?
C. Objectives of the Study

1. 2. 3. 4. 5. This study is expected to reach the objectives as follows: To give an overview of the current environmental condition in Indonesia and to explore some environmental problems and challenges faced by Indonesia. To elaborate potential of waqf institution for environmental protection. To reveal advantages and benefits of making waqf as a means for environmental protection. To analyze the necessary conditions of making waqf as a means for environmental protection. To find out the possible and effective ways and methods to mobilize waqf for environmental protection in Indonesia.
D. Literature Review
Environment 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 the environment 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 plenty and 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 destruction are causing alarm in many parts of the world. The planet is struggling against unprecedented attacks ranging from resource depletion and species extinction to pollution 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 of bio-diversity, devastation of natural habitats and waste problems are of other serious injuries to the current environment.
1. Emergence of Environmental Economics and Concept of Sustainable Development

Our time today is a period when the human community is in search of new and 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 how economic 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 not influence 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 decision making 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 are differences. 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 systems and services, and vice-versa. This field takes as its premise that economics is a strict subfield of ecology. Environmental economics is viewed as more pragmatic in a 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, it confronts 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 an international challenge and leads most analysts to conclude that the transition to sustainable development is an imperative for the continuing existence of the human 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 of human 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 that meets the needs of present without compromising the ability of future generations to meet their own needs. Based on this definition, both intergenerational equity
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and intragenerational equity concerns 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 sources and 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 development and environment. The concept of sustainability explores the relationship among economic development, environmental quality, and social equity. Sustainable development 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 maintaining resilience 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, forest management, aqua-culture, pollution, global warming, limited water supplies, species diversity and extinction, and the type of resources being consumed. The environment and the sustainability of the ecosystems were impacted by all of these components. Our stewardship of the Planets environment and its resour ces is the most 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 effective program 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 disputes the 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 important variables in the poverty-environmental degradation nexus (Duraiappah, 2008). Boyce (1994) examines that inequality can affect environmental degradation. 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 the environmental degradation prevented by powerful losers; (b) inequality raises the valuation of benefits reaped by rich and powerful winners relative to costs imposed on 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 findings imply 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, maldistribution of wealth, the rise of the corporation, the Third World debt crisis, and militarization and wars. Meanwhile, the health of individuals and populations variables consist of increased poverty, overcrowding, famine, weather extremes, species loss, acute and chronic medical illnesses, war and human rights abuses, and an 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 and development, 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 how development 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 its further 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 into account these imperfections. Second, groups which adopt unsustainable activities must be encouraged or given the incentives to discontinue. A strategy of compensation, 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 and institutions, human resources, information base, and public involvement. Organizations and institutions are often used interchangeably, and their purposes 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. They incorporate 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 program rests. The work needed move towards sustainable development is multidisciplinary, as it encompasses a wide spectrum of issues. Although development needs 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 require two 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 the environment 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 concerned communities and other stakeholders influence and share control over development initiatives and over decisions and resources that affect them. In sustainable development 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 to address cultural and spiritual dimensions as well. Some contemporary Muslim scholars suggest that the key to achieving sustainable development and to confronting 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 most Muslim 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 implemented throughout these countries suggest an elitist bias. Their conceptual underpinning is rooted in Western values and/or serving foreign users. Meanwhile, the proposals that have been presented by different scholars to revitalize traditional Islamic institutions; such as Hisbah, Haram, Hema, Waqf, and Ihya, and others; are few in number, 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 ecological destruction 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 be translated 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 intelligentsia therefore must take the initiative and get involved seriously in shaping the future of the ummah.
2. Environment in Islamic Perspective
In 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 the laws of creation include the elements of order, balance and proportion: He created everything 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 this praise, but the fact that the Qur'an describes it is an additional reason for environmental 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," these other 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 human relationships 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 of environment. 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 in proper 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 generation alone. 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, has made 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 and Al-Anzi, 2009). Finally, no other creature is able to perform the task of protecting the environment. God entrusted humans with the duty of viceregency, a duty so onerous and burdensome that no other creature would accept it: "Lo! We offered the 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 d ay 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 the instruction 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 of the 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 alAsma al-Husna (Gods Divine Names) which are found in the Holy Quran, reveals that al-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 term Muhit also 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, the Creator 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 on the 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 and everything between them to no purpose (38:26); He wanted to test you regarding what has come to you (5:48). As our interaction with the environment evolved, it manifested itself in a range 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 human communities 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 insignificant contribution 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), adl and itidal (justice and moderation), and the sacramental earth. Chapra (1993) sketches the ethical foundations for the protection of environment 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 of environment-friendly behavior, fellow-feeling, and simple living of the people. Similarly, he discusses the legislature, monitoring and resource development roles of the Islamic state to protect the environment. Deuraseh (2009) discusses the Islamic concepts of al-mizan and man of adab 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 not proving 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 of Adab. He defines a man of Adab (insan adabi) as: the one who is sincerely conscious of his responsibilities 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 Waqf
3.1. 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 many waqfs 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 his donation 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 subject matter of the waqf passes out of the ownership of the waqif and it cannot be alienated or transferred either by the waqif or the mutawalli nor do their heirs can 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 waqf of 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 of sadaqah jariyah and if read together with other hadiths of sadaqah it will become clear that a sadaqah that recurs after the death of the donor is also a habs as long as the donation keeps benefiting 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 of waqf. To say that other forms are not valid is not founded on any legal text except human reason and analogy. Analogical reasoning, 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 of waqf mentioned 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, all types of waqf should 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 ( ibdal and istibdal). The definition of waqf by Kahf (1998) above essentially attempts to replace the 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 to the 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 dinar as waqf because 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 and physical 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 of the 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 8 th century (CE). By the 16th century, cash waqf accounted for more than half of all new waqf in Ottoman Empire, though most 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 allows the 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 of Waqf Waqf is one of important institutions in Islam. Alhabshi (1991) highlights a very 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 ownership rights 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 be regarded 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 to the 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 waqf institution is basically due to religious encouragement. 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 long as 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 waqf is religiously 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 the well-to-do to. Historically, the Islamic society assigned education, health, social welfare and environmental welfare to this third sector. Furthermore, the third sector provided defence services and public utilities in many instances. Consequently, we have seen the Muslim society depending essentially on waqf for the provision of education 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 purposes Almost 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 and political 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 an integral 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 milad of 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 and meetings. b. Educational purposes Education in general has been the second largest user of waqf revenues after building of mosques. Since the beginning of Islam, in the early seventh century, 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 Madrasah Nizamiyah 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 known schools 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, chemistry and 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 waqf funds. 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 pondok pesantrens (boarding schools), are established and operated by awqaf funds. Scientific libraries were also built by waqf and supplied with tens and hundreds 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 to facilitate 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 for scientific 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 the authority. 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 equal educational 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 Central Asia, 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 purposes The 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 medical school for research in chemistry and for payment for food and medicine for hospital patients. There was even some waqf for patients entertainment, including people, 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 of waqf in the early days of Islam because cleanliness has been a major part of the Belief system. Charitable dispensaries and Hekimi dawakhana all 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 established and supported by large waqf (Hasan, 2006). d. Business purposes The 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 to use 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 the waqf (Ahmed, 2004). Shopping complexes and commercial centers to earn income for financing target projects are also built on the basis of waqf. 3.3. Waqf for 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 charitable institution 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 impact activities. 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 wise development of the environment. They consider waqf as the most important institution in Islamic law that could be used for this purpose. Waqf constitutes the major 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 to charitable 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 that its land resources can be used for a forestation, watershed management, and wildlife 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 fund that 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 law approach, 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 of administrator and qadi, duty of administrator, judges supervision and goals of waqf. They also discuss the perpetuity, irrevocability and inalienability of waqf which 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 the Environmental Services, mainly focus on the cleaning services. This is to assure that waqf property put environmental protection as a priority. KAPF plays a major role in 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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The Role of Waqf For Environmental Protection in Indonesia

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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

A Brief Literature Review

Mochammad Arif Budiman

A. Background of the Study

B. Statement of the Problem

C. Objectives of the Study

1. Emergence of Environmental Economics and Concept of Sustainable Development

2. Environment in Islamic Perspective

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