Waqf governance in the Republic of Guinea: legal framework, issues, challenges and way forward

Abstract

Purpose The purpose of this paper is to seek to establish an effective governance framework for waqf (Islamic endowment) in the Republic of Guinea that would assist in enhancing socio-economic activities and eradicating poverty in the country. Design/methodology/approach It examines key governing features within the said country’s waqf legal framework and undertakes a comparison with other countries’ legal frameworks. This paper also examines waqf-related legal references of Guinea and other countries and analyses relevant online sources such as journal articles, research papers, webpages as well as informal discussions with persons informed on the subject matter within and without the Republic of Guinea. Findings This paper identifies a number of prevailing issues affecting the development of the institution of waqf in the Republic of Guinea and, thereafter, proposes key reformatory measures. These include the passing of general codified legislation that comprehensively governs waqf affairs in the country and the setting up of a dedicated supervisory entity and competent managerial bodies to ensure the smooth and effective operation of the institution in the country. Originality/value This research proposes an innovative and befitting governance framework for waqf operations in the Republic of Guinea. These recommendations, if correctly adopted, would ensure the viability and efficacy of the institution of waqf in the Republic of Guinea and would lead to socio-economic development, as has been the case in other nations. Moreover, other countries with underdeveloped waqf governance systems could also model their waqf operations based on these recommendations, as they are most likely already encountering or going to encounter identical issues in this particular field.

Implementasi Shariah Governance Berbasis Waqf Core Principles Pada Badan Wakaf Indonesia Perwakilan Provinsi NTB

“…Namun demikian, dibutuhkan pedoman atau model kerangka shariah governance bagi lembaga wakaf (Hassan & Yusoff, 2020). Oleh karena itu, kejelasan dan ketepatan dalam kerangka tata kelola wakaf sangat penting sebagai elemen kunci dalam pengelolaan harta benda dan dana wakaf (Sano & Kassim, 2021).…”

A Systematic Literature Review on Waqf Governance

“…The legal framework is important to govern the waqf properties that become the utmost concern of the donor or waqif. By introducing specific waqf laws or legislation, it will create confidence and attract the potential waqif to contribute to waqf (Sano & Kassim, 2021). Specific laws are providing clear provisions relating to the main waqf principles to resolve the waqf governing issues legally (JAWHAR, 2018).…”

“…On the other hand, the provisions relating to the waqf are stated in the List II, State List, Ninth Schedule of the Federal Constitution of Malaysia, and the Constitution declares that waqf is fallen under the horizon of the state government as stated in article 74. Sano and Kassim (2021) added the absence of the waqf legislation framework exposes the waqf properties to loss, corruption, and other mismanagement issues (Latif et al, 2018). Hassan et al (2017) stressed the importance of having legisla relating to the disputes of the waqf assets.…”

“…Effective and efficient training is important to set up a competent management team (Sano & Kassim, 2021). There are two (2) ways as suggested by the previous studies to enhance the competency of the management team in governing the waqf affairs.…”

Waqf Accountability Around the World: A Mini-Review

“…As such, waqf establishments customarily operate in accordance with the rulings of the Malikī madhab for the reasons mentioned earlier. The Republic of Guinea, as well as other countries that have underdeveloped waqf governance frameworks, would actualize an increase in the standard of living and development within the community, which would in, turn create the space necessary for maximum productivity and ultimately bring about societal peace and harmony (Sano & Kassim, 2021).…”