IF THE South African government poked its nose into the charitable contributions by Muslims, the entire Indian community would have been so much poorer. In fact, people of all races - not only those of the Islamic faith - have benefited from Muslim generosity.

Charity must not be handcuffed. Just like a double-edged sword can cut both ways, rules and regulations can be both beneficial and harmful, depending on how they're implemented and perceived. Although some oversight is desirable, it is important that charities remain independent from government interference if they are to offer a meaningful alternative to services provided by the public sector.

I got thinking of the immensity of Muslim altruism in South Africa after learning that India, despite stiff opposition, recently passed the Waqf Amendment Bill aimed at amending the Waqf Act, 1995, to ensure more accountability and transparency in the management and supervision of waqf properties under Muslim control in India.

Waqf is a permanent dedication of movable or immovable properties for religious, pious or charitable purposes as recognised by Muslim law. Waqf properties are donated by followers of Islam and are managed by members of the community. Once a property is designated as waqf, it becomes irrevocable - it cannot be gifted, inherited, or sold. It is considered to be owned by Allah.

India’s 30 Waqf Boards in each state control and manage 940 000 acres of land across 870 000 properties, with an estimated value of R27 trillion (1.2 lakh crore rupees). This makes the Waqf Boards the third largest landowner in India, after the Indian Railways and the armed forces. Some of these waqf endowments date back centuries, and many are used for mosques, schools, health facilities, cemeteries and orphanages.

According to the provisions of the revised Waqf Act in India, all Waqf Boards are required to digitise records of waqf properties and upload them to a centralised portal. The Act provides for audits of Waqf Boards at regular intervals. It introduces provisions for penal action in cases of financial mismanagement.

Prime Minister Narendra Modi’s BJP government introduced the amended Act with the objective of managing waqf properties better. It believes that these properties can earn a lot of revenue if properly administered. The potential of the assets, according to the government, has not been realised because of corruption, litigation and mismanagement.

The government says the additional money can be used for the benefit of the community, especially women. The amended Waqf Act demands the inclusion of non-Muslims, women, representatives of backward classes as well as representation from Muslim sects other than Shia and Sunni members, on the Waqf Boards. If the real intention of the amendment of the Waqf Act is to curb corruption and mismanagement of properties under the control of the Waqf Boards, then it must be openly welcomed.

However, context often plays an important role in determining whether the impact of government interference is more positive or negative. Given the BJP’s obsession with Muslims and the perception that the party embraces a Hindu nationalist vision, the changes to the Waqf Bill could well be seen as an anti-Muslim move aimed to strip the Muslim community of its control over waqf properties and place these institutions under state control.

One cannot be blamed for suspecting that the real intention of the revamped Waqf Bill is to dilute the authority of the Muslim community and weaken its ability to safeguard religious endowments which serve the socio-economic needs of marginalised communities.

Of course, there will be criticism heaped on me by some local misguided and ill-advised Hindu fanatics, who will see me as being anti-Hindu, anti-Modi and anti-BJP. A case of when another side of a story does not taste palatable, even if it is not wrong, then bash it. I am of the firm view that charitable activity must not be overly stifled by the regulatory framework in which it operates. We must not forget that it was the Muslim charitable sector that gave many disadvantaged communities across South Africa schools, hospitals, soup kitchens and other public amenities.

South Africa’s Muslims have been actively involved in humanitarian aid for decades. Many Muslim organisations such as the Gift of the Givers, Al-Imdaad Foundation, Muslim Hands, and Islamic Relief South Africa have been involved in philanthropic work without reference to religion, nationality, caste, colour or creed. Muslim individuals too, have given generously to charitable causes in this country.

Unlike waqf that only concerns properties that are bequeathed, local Muslims have donated land as well as vast sums of money to charity. Two grants that easily come to mind are the ML Sultan Technikon (which merged with Technikon Natal to form the Durban University of Technology) and the RK Khan Hospital.

Hajee Mulukmahomed Lappa Sultan, known as ML Sultan, was among the most generous of his time. He was born in Kerala, South India in February 1873 and arrived in Durban in 1890. He was in government service, worked as porter at Berea Road station, as a waiter in Johannesburg, and returned to Durban where he took up banana farming at Escombe. He also opened a wholesale and retail produce business in Victoria Street, Durban, and invested wisely in property.

To list ML Sultan’s benefactions would fill a whole page. He was associated with numerous charitable efforts. He donated to Sastri College and the ML Sultan Technical College (the original name) was established because of his vision and generosity. He strongly believed that young Indians should have opportunities for education to prepare them for employment in industry, business or a profession of their choice, at a time when this opportunity was not available to them.

The renowned Indian philanthropist and humanitarian, advocate Rahim Karim Khan founded the RK Khan Hospital Dispensary Trust. The Trust donated 50% (R400 000) towards building the hospital, which opened its doors 56 years ago and today serves not only the sprawling Chatsworth township but many neighbouring suburbs as well.

The Hajee Ahmed Mohamed Lockhat Wakuff Trust has for many years provided scholarships and bursaries to needy students studying in various tertiary educational institutions and schools throughout Southern Africa.

The Mcothoyi High School in Umgababa on the KwaZulu-Natal South Coast was the first school built by the Trust. More than 10 schools serving mostly black pupils have been built by the Trust in Umbumbulu, Richmond, Wosiyana, Nqutu and Ndwedwe. A women’s training centre has been established in Inanda.

Businessman and politician, Dr AM Moolla, who founded the Kingsgate Clothing Group, did sterling work throughout his life to address the plight of the underprivileged. The AM Moolla Charity Trust has funded the Spes Nova School for the Cerebral Palsied in Clare Estate, the Chatsworth Community Clinic, the Orient Educational Institute, the Natal Blind And Deaf Society, the Highway Hospice, the Ubuntu Community Chest, Medunsa, the Orphanage For The Destitute At La Mercy, the Ohlanga Institute, and the Robert Hlongwa High School.

The Gift of the Givers Foundation (founded by Dr Imtiaz Sooliman as Waqful Waqifin) is the largest disaster response NGO in Africa. It works to unite people, with a common vision, to make a real and telling difference by serving mankind for the “Greater Good”.

During the past three decades, Gift of the Givers has given R4.5 billion in aid in 45 countries.

Am I glad Pretoria did not meddle in the the freedom of individuals and organisations to make their own charitable decisions. Or we may not have had the ML Sultan Technical College and RK Khan Hospital.

#waqf-boards

Charity must not be shackled by the state