Al Haj Mahil Dole
COLOMBO : These recommendations are drawn not only from Islamic teachings and legal principles but also from practical on-the-job insights. As a three-term member of the Waqfs Board, I have directly witnessed the challenges, disputes, and opportunities in masjid and waqf management. This experience has informed the proposals in this report, aiming to strengthen governance, accountability, and unity within the Muslim community in Sri Lanka.
Synopsis
Waqf (endowment) is a sacred Islamic trust intended to serve the community across generations. However, disputes in masjid management, madrasa administration, and misuse of trusteeship positions have weakened community unity and undermined the purpose of waqf. This document outlines Islamic principles, the root causes of disputes, and provides actionable policy recommendations for the Waqfs Board and the Department of Muslim Religious and Cultural Affairs (DMRCA) to move from a reactive to a proactive regulatory role.
- Islamic Foundations of Trusteeship
- Waqf is Allah’s trust (amānah): Trustees (mutawallīs) are custodians, not owners.
- Temporary service: Trusteeship is an act of worship and service, not a permanent entitlement.
- Accountability: Trustees will be answerable before Allah for mismanagement, corruption, or misuse of funds.
- No indispensability: Islam teaches that only Allah is indispensable; all roles, including trusteeship, are replaceable.
- Current Challenges in Masjid, Madrasa, and Waqf Management
- Clinging to Power: Trustees refuse to step down, considering the position permanent.
- Misuse of Assets and Funds: Trusteeship is sometimes treated as a livelihood or business.
- Sectarian Influence: Masjids are misused to promote sectarian divisions, undermining unity.
- Community Division: Disputes among Mahalla members and trustees weaken collective harmony.
- Intolerance: Some trustees foster hostility towards other Muslims and non-Muslims.
- Madrasa Disputes: Conflicts between mosque trustees and madrasas over management, ownership, utility bills, and syllabi.
- Property and Lease Disputes: Waqf properties leased or rented out often face defaults, illegal claims of ownership, and disregard of agreements, Board orders, or court rulings.
- Governance Gaps: The Waqfs Board often acts only after disputes escalate, and trustee appointments lack consistency and transparency.
- The Role of the Waqfs Board
Currently:
- Mostly reactive—responds only after complaints or disputes.
- Perceived as lacking transparency and consistency in appointments and oversight.
Required:
- Must evolve into a proactive guardian of waqf, safeguarding both the assets and the unity of the Muslim community.
- The Role of the Department of Muslim Religious and Cultural Affairs (DMRCA)
The DMRCA plays a pivotal role in ensuring good governance, unity, and accountability in masjid and waqf management. Strengthening its professionalism and operational efficiency will directly contribute to preventing disputes and enhancing community trust.
Proactive Initiatives
- Early Intervention: By monitoring mosque and madrasa administration, the DMRCA can identify disputes early and mediate before escalation.
- Guidance Role: Provide standardized guidelines for trustees and madrasa administrators.
- Capacity Building: Organize training on amanah, financial accountability, and legal responsibilities.
Digitalization and Efficiency - Centralized Data: Develop a digital database of mosques, madrasas, trustees, and waqf properties.
- Transparency Tools: Online portals for financial records, audits, leases, and trustee tenures.
- Early Warning Mechanisms: Digital tracking of disputes or defaults for preventive action.
- Public Accessibility: Limited public access to promote accountability.
- Policy Recommendations
A. Trusteeship Structure
- Term Limits: Fixed for 3 years, with mandatory rotation.
- Transparent Appointment Process: Clear eligibility criteria and consultative appointments.
- Removal of Trustees: Mismanagement, division, or sectarian promotion grounds for removal.
B. Governance and Accountability - Mandatory annual audits with reports accessible to the community.
- Updated register of all waqf assets and regular inspections.
- Financial transparency in donations and collections.
- Training for trustees on Shari‘ah, the Waqfs Act, and ethical governance.
C. Community Cohesion - Masjids must remain neutral and open to all Muslims.
- Mediation panels for resolving Mahalla–trustee disputes.
- Promote tolerance and peaceful coexistence with other communities.
- Implementation Plan
- Policy Circular: Codify and issue these standards to all masjid trustees.
- Capacity Building: Training programs with scholars, accountants, and governance experts.
- Monitoring & Evaluation: A unit within the Waqfs Board to enforce compliance.
- Partnership with DMRCA: Joint initiatives in dispute prevention, digital record-keeping, and early intervention.
- Community Awareness: Educate Mahallas that trusteeship is a temporary amanah, not a status symbol.
- Message to the Muslim Community
At this moment in history, it is vital for Sri Lankan Muslims—whether as individuals or as a community—to choose a path that strengthens faith and builds unity, not one that deepens divisions. Islam teaches us to be the best of people, not by confrontation, but by embodying patience (ṣabr), wisdom (ḥikmah), and compassion (raḥmah).
Endless disputes—whether over schools, property, or community politics—only weaken us and isolate us from the wider society. When we fight among ourselves or against others, we risk losing the moral authority and respect that our faith commands.
The Qur’an reminds us: “And hold firmly to the rope of Allah all together and do not become divided” (3:103). This is not a suggestion—it is a command. It means that our first duty is to rise above petty quarrels, reject hatred, and become a source of reconciliation.
As a community, we must:
- Resolve disputes internally with fairness and justice.
- Work with other faith groups, showing Muslims as bridge-builders.
- Invest in education, youth, and social service as the true Islamic legacy.
- Promote dialogue and peace initiatives for national stability.
A Muslim who contributes to peace and unity earns more respect than one who stirs division. The time has come to choose wisdom over anger, dialogue over hostility, and progress over stagnation.
“Trusteeship is a trust, not a throne. It must serve the Deen, not the ego.”
Writer is
Al Haj Mahil Dole SSP Retired, Counter Intelligence Analyst, Former Head of Counter Terrorism State Intelligence Service and Present Member of the Waqfs Board
