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Duale optimistic on the repeal of the Waqf Act

Majority Leader and Garissa Township MP Aden Duale announced through his social media that they intend to repeal the Waqf act 1951 and replace it with a new Waqf act 2017/18.  The Wakf act is a trust for charitable purposes established under Islamic Law and it is therefore tied up to purposes related to religion.  Like in all other trusts the donor gives and the trustees take and then the purposes of the trust are identified and administered through case law for essentials of the WAKF have been established as follows

It must be a final gift to charity; the donor must actually divest himself of his right in the property – this means that with respect to a wakf there can never be anything like a resulting trust.  They are supposed to divest themselves. It must be an irrevocable and absolute gift; it must be perpetual. The rule against perpetuity – the requirement of the wakf offends this rule – Acts such as the RLA there are exceptions for purposes of the Waqf.

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In June a task force led by Hamadi Boga presented its recommendations to guide the administration of the Commission and its properties. The Wakf commissioners administer properties and related matters in the Muslim community set aside for charitable purposes. The task force had been earlier appointed by Attorney General Githu Muigai to examine international best practice in line with Islamic law. The task force of ten included Sheikh Ibrahim Lethome, Sheikh Abdallah Kheir, Sheikh Juma Ngao, Zubeir Hussein Noor, Prof Saad Yahya, Dr Mwanakitini Bakari and the Chief Kadhi Sheikh Ahmed Muhdhar S. Hussein.

The Wakf commissioners administer properties and related matters in the Muslim community set aside for charitable purposes. In his social media post, Mr Duale said that the

Waqf is an Islamic endowment fund that helps alleviate poverty through charitable engagement and further helps in the development of Islamic institutions.

He further went on to thank the task force that developed the new bill through public participation and validation. Among those present were Attorney General Prof Githui Muigai, Land Commission Chair Prof. Swazuri, Deputy Chief Khadhi, Muslim scholars, academia, and religious leaders among others.

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