Problems Faced by Waqfs and the Proposal to Use Blockchain Technology as a Solution


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Jaber L.

SIRNAK UNIVERSITY JOURNAL OF DIVINITY FACULTY, vol.0, no.28, pp.175-200, 2022 (ESCI) identifier identifier

  • Publication Type: Article / Article
  • Volume: 0 Issue: 28
  • Publication Date: 2022
  • Doi Number: 10.35415/sirnakifd.1094698
  • Journal Name: SIRNAK UNIVERSITY JOURNAL OF DIVINITY FACULTY
  • Journal Indexes: Emerging Sources Citation Index (ESCI), Academic Search Premier, Directory of Open Access Journals, TR DİZİN (ULAKBİM)
  • Page Numbers: pp.175-200
  • Bursa Uludag University Affiliated: Yes

Abstract

It is one of the basic principles of Islamic law to protect the interests of the individual and society. Islam presented many mandatory sources such as alms, penance, and votive; and some optional ones such as "charity and foundation". The encouragement of waqf can be considered as one of the practices that support this principle. Waqfs are perhaps the most important of these applications due to their ability to be done in various fields and being continuous. They play a major role in the development and development of society. As some think, they not only operate in religious areas such as the construction of mosques, and operate to solve their problems, but as seen in the previous periods, they play an active role in all fields of life. Due to its many roles in society, the waqf has great importance, and this is clearly seen from what we have learned throughout history. Ottoman waqfs are the most obvious proof of this view. Thanks to waqfs in many fields such as commercial, agricultural, industrial and scientific, it is seen that the Ottoman Empire was further than many states in its period. It is known that Ottoman waqfs have a great influence in every field that concerns the individual and society, especially in social and economic fields. However, after many changes that occurred later, the waqf system suffered from many problems, and realizing the true meaning and role of the waqf became more difficult. In addition, with the influence of foreign states, waqf managers, or employees, it is seen that foundations face many administrative and financial problems and difficulties. For these reasons, the role of waqf was neglected and their fields of activity decreased over time. The role of waqfs in society is required to revive. For this reason, in order to revive them, find solutions to problems, and increase their effectiveness, economic and technological developments should be followed closely and financial and administrative works should be organized. In addition, a global waqf concept has emerged thanks to its easier access to international organizations, technology moves, and media communication tools. The global waqfs are established in accordance with the conditions and provisions of the benefactor, taking into account the characteristics of being global. Although established according to the conditions and provisions of the waqfs, they face many problems. In general, considering the waqfs' needs, fatwas should be taken from scholars about ways to manage and invest in them. In order to effectively revive its role in society, it is necessary to identify the problems it encounters and try to find a solution. In the article, the use of blockchain technology in the realization of waqf procedures is recommended for the solution of some problems. In this context, first of all, the problems faced by waqfs both within the borders of the state and on a global scale are discussed. Some solutions related to administrative efficiency were presented, and blockchain technology has been proposed as a technological solution for some hardware problems. After mentioning how blockchain technology will be used in waqf procedures, its effect and advantages considering relieving their problems, fiqh issues within the frameworks of the subjects such as the contracting assembly, the siga, in'ikad conditions, and kabz are handled.