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{
    "id": 1091410,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1091410/?format=api",
    "text_counter": 111,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": " Thank you, Hon. Deputy Speaker. I really want to thank the Majority Whip for struggling with this Waqf, which he does not really understand much. This law existed in 1951. It is called the Commissioners of Wakf, 1951, Legal Notice No.109. What is Waqf? Waqf is endowment of property in accordance with Islamic principles and is used for charity. It is an endowment made by a Muslim to a religious, educational or a charitable cause. This is drawn from the Holy Scriptures, the Quran. I really want to ask my colleagues from the Christian faith to borrow a leaf from what the Muslims have been doing for many years. Chapter 12 of the Quran says: “By no means shall you attain piety rightfulness unless you spend from that which you love.” So, what does “Waqf” mean? It means that Muslims donate as part of charity to the Waqf Commission for them to be used for Islamic purposes like building a mosque, an Islamic school or an orphanage. Even the Holy Prophet (May peace be upon him) says when a man dies, his acts come to an end except three things. One is recurring charity. Recurring charity here means Waqf. Another one is knowledge by which people benefit. If that person who has died has built an Islamic centre, a madrassa or schools, as people are learning in that Islamic institution, even after he dies his good deeds continue to accumulate. The last one is by giving or having offspring or your children who will pray for you when you die. This Bill emanates from the work of a taskforce established by the Attorney-General emeritus, Prof. Githu Muigai – and I want to thank him – following a petition for review of the law that existed at that time. This taskforce was led by prominent Muslim scholars, practitioners, the Office of the Chief Kadhi and all the Islamic institutions. Their work ultimately brought us a draft Bill which was taken to the Cabinet for approval. So, this is a Government Bill. Waqf is a historical and cultural phenomenon of religious significance, particularly of the Islamic faith. It is a charitable endowment under Islamic law. It involves donating a building, a piece of land or other assets for Muslim religious activities or for a charitable purpose with no intention of reclaiming those assets. Once you donate, you cannot reclaim it. A person who constitutes Waqf or who gives his property is called the founder of Waqf. So that people understand, Waqf is the person who administers. In this sense, even that person who administers this religious endowment fund must be a person who is competent and at all times dedicated in managing such property and has a high Islamic standard. There are two types of Waqf or it falls within two categories. There is public Waqf. The commission that is anticipated in this Bill can form a public Waqf. There is a private Waqf that is done on a daily basis. For example, I who is talking to you, can do a lot of Waqf on behalf of my late parents. I can pay charity, build a mosque, an Islamic centre or an orphanage institution. Muslim faithfuls who have the economic muscle and who give sadaka and pay zaka … Zaka is the annual payment and taxes obligated by the religion on all Muslim faithfuls. It is a certain percentage. I will give you an example. I have 230 camels and I calculated the zaka due and I think I will end up paying three she-camels to poor people in the neighbourhood where my camels are. So this is an Islamic cultural and tradition anchored in the Holy Quran and in the teachings of the Holy Prophet (May peace be upon him.) So, Muslim faithfuls who are able give their property to be administered by commissioners of Waqf for the benefit of Muslim faithfuls who require support, can do so. This is a colonial era law passed in 1954. We are now trying to change it because at that time, the Muslim population was within the coastal strip. Those who did history know that was the time of the coastal strip. Now Muslims are everywhere. They are in western Kenya, Nyanza and Rift Valley, among other The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}