Critical analysis of newly promulgated “Islamabad Capital Territory Trust Act 2020” in nexus to FATF (Financial Action Task Force) Requirements

  • Hamid Mukhtar School of Law, University of Okara
  • Jibran Jamshad Assistant Professor, Department of Law
  • Kashif Mahmood Saqib University of Okara,

Abstract

Waqf is considered as an important and distinguished institutions of Islam. The involvement of huge money and its traditional history makes it more powerful than the western concept of Trust. In Pakistan, the topic gains more importance after Financial Action Task Force(FATF) enlisted the country into the grey list and required it to reform its laws specifically dealing with Waqf and Awqafs. 

Objectives: The purpose of this research is to evaluate the historical background of Waqf in Pakistan. It traces the early laws passed during British Rule in India to deal with Waqf and relates it with the modern laws. The study critically analyzes the recently passed Islamabad Capital Territory Trust Act (ICTTA), 2020. After highlighting and describing the salient features of ICTTA 2020, the study then relates it to the guidelines provided by the FATF.

Method: This qualitative study depends upon the Primary and secondary data and its Desk Review.

Conclusion: The newly promulgated ICTTA 2020 is a comprehensive piece of legislation that empowers the Government to efficiently control and manage the Waqfs. The study also concludes that strict implementation and spreading of ICTTA 2020 gradually to the whole country will suppress many immoral and corrupt practices in the Awqafs.

References

Cizakca, M., Islamic Economic Studies, 1998, 6(1).

Sadeq, A. M., Waqf, perpetual charity and poverty alleviation. International Journal of Social Economics, 2002.

Kahf, M., Financing the development of awqaf property. American Journal of Islamic Social Sciences, 1999, 16(4), 39-68.

Kahf, M., The role of waqf in improving the ummah welfare. In International Seminar on Waqf as a Private Legal Body, 2003, Pg. 6-7.

Abdullah, M. Waqf and trust: the nature, structures and socio-economic impacts. Journal of Islamic Accounting and Business Research. 2019.

Gaudiosi, M. M., Influence of the Islamic Law of Waqf on the Development of the Trust in England: the Case of Merton College. 2019, U. Pa. L. Rev., 136, 1231.

Ibid.,

Kozlowski, G. C., Muslim endowments and society in British India (No. 35). CUP Archive 1985.

Ibid.,

Malik, S. J., Waqf in Pakistan1. Die Welt des Islams, 1990, 30 (1-4), 63-97.

Manual of Waqf Laws, Lahore. 1983 pp. 142.

See Supra note 10

Ibid.,

Ibid.,

Wadehra, V. & Chokhani, V., Charitable Trust: Validity of property transfers. Indian Business Law Journal. Retrieved from https://law.asia/trusts-validity-property-transfers/, 2019.

Hassan, A., & Shahid, M. A., Management and development of the awqaf assets. In Seventh International Conference—The Tawhidi Epistemology: Zakat and Waqf Economy, Bangi 2010, pp. 309-328.

Sec 2(u), Islamabad Capital Territory Trust Act 2020

Sec 2(v), ibid

Sec 2(w), ibid

Snell, E. H. T., Baker, P. V., & Megarry, R., Principles of Equity. by RE Megarry and PV Baker. Sweet & Maxwell. 1996.

Sec 2(a), ibid,

Sec 2(b), ibid,

Sec 2(i), ibid,

Sec 3, ibid,

Section 13, Islamabad Capital Territory Trust Act 2020

Section 14, ibid,

Section 15, ibid,

Section 16, Islamabad Capital Territory Trust Act 2020

Section 43, ibid,

Section 44, ibid,

Section 46, Islamabad Capital Territory Trust Act 2020

Section 47, ibid,

Section 49, 50, ibid,

Section 67, ibid,

Section 68(2), ibid,

Section 69, ibid,

Section 70, ibid,

Section 83, Islamabad Capital Territory Trust Act 2020

Section 85, ibid

Section 86, ibid

Section 89, ibid

Published
2022-06-29