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The taxation of awqaf is not just a legal question but a moral and philosophical one. This analysis explores how faith-based endowments intersect with modern tax systems, public finance and social justice.
By DR HISHAM DAFTERDAR
The taxation of awqaf remains a contentious issue among policymakers, legal professionals and Shariah scholars.
At the heart of the debate is whether awqaf should be taxed in the same manner as private enterprises, or whether their charitable nature should shield them from taxation. This question is not merely technical. It reflects a complex interplay of religious, legal, social and fiscal considerations.
The controversy is not new. In sixteenth-century Ottoman Egypt, attempts by the state to tax waqf revenues provoked fierce opposition from scholars such as Ibn Nujaym and al-Ghayti. Others, including the Ottoman jurist Ebussuud Efendi, supported the initiative, arguing that taxation could be justified if it served the broader public interest.
Traditionally, awqaf are regarded as inalienable and non-taxable under Islamic law. They are sacred trusts established for public welfare. However, over time, awqaf’s social-service mission has increasingly intersected with commercial activity, blurring the distinction between charity and business. The spiritual and social dimensions of awqaf often sit uneasily alongside contemporary tax legislation, which is largely shaped within secular legal systems.
Today, many awqaf organisations operate in competitive markets, engaging in a wide range of commercial activities. Despite their welfare mandate, awqaf are sometimes perceived as enjoying an unfair competitive advantage over private enterprises. They may benefit from donated assets, free working capital, volunteer labour, low overheads and tax concessions. In addition, commercial strategies applied to social projects can transform them into sustainable cash-flow ventures. It is therefore unsurprising that such organisations attract scrutiny from policymakers, regulators, the public and the media.
Yet business undertakings can be a valuable supplement to awqaf’s social objectives. These activities provide social and economic benefits by creating employment, alleviating poverty and reducing pressure on the public purse. While awqaf’s contributions may qualify them for certain tax concessions, they are not entirely exempt from taxation. Many remain subject to property and conveyancing taxes, municipal rates and value-added tax (VAT).
Governments often use taxation as a tool to incentivise civic engagement. Awqaf organisations may be granted tax-deductible-gift-recipient status when their activities align with government priority programmes, enabling donors to claim tax deductions. Such incentives can be a powerful motivator, particularly for donors in higher tax brackets. In some cases, supporting a waqf-delivered social service through tax incentives may be more cost-effective than direct government provision.
Not all awqaf fall within the category of charitable waqf. Family awqaf are generally treated as family trusts for tax purposes. A family waqf established and controlled for the benefit of family members is not usually tax-exempt. Tax may be payable by the waqf itself or by beneficiaries receiving distributions. While family awqaf are not taxed on amounts donated to charities or distributed to beneficiaries, undistributed income is often taxed at the highest marginal rate. This structure creates a strong incentive for family waqf councils to distribute net income fully.
Awqaf entities are faith-based autonomous organisations and operate independently of direct government oversight. A waqf has legal personality and may engage in any lawful commercial activity to support its social programmes, subject to relevant licensing and regulatory requirements.
Awqaf business operations often benefit from tax exemptions that allow these organisations to channel additional resources toward fulfilling their missions. Market studies suggest that such exemptions do not necessarily result in unfair competition. On the contrary, they may contribute to more diverse and balanced markets, offering consumers alternatives to purely commercial enterprises. Policies that unduly restrict awqaf’s commercial activities risk weakening their ability to serve communities and, ultimately, to support government objectives.
Taxing awqaf is therefore not merely a technical matter, but a philosophical one. It raises questions about justice, democracy, pluralism and the ethics of public finance. While tax exemption is frequently defended as a means of encouraging charitable giving, critics argue that charity is fundamentally an expression of moral commitment and compassion, rather than a financial transaction. A differentiated approach may offer a balanced solution — maintaining tax exemption for charitable activities while subjecting awqaf’s commercial ventures to standard taxation. Ultimately, philanthropy is driven by conscience. Tax incentives may encourage generosity, but they remain secondary to the deeper motivations of social responsibility and ethical duty.
Dr Hisham Dafterdar, CPA, PhD, is Chairman of Awqaf Australia Ltd.
