Volume IV, Issue II (April 2006) - Columbus School of Law

Under which law a civil society organization is registered is important, inasmuch as it is then thatlaw which will govern the operation of the organization. 125 There are only two laws under whichregistration appears to be mandatory, however, one applicable only to nonprofit organizationsproviding for the welfare of specific disadvantaged people or for specific purposes, and the otherapplicable to awqaf. 126 Although certain tax and other advantages may accrue from registration,many civil society organizations in Pakistan are never even registered. As observed in one study,a number of nonprofit organizations are established despite a lack of awareness of thelegal/regulatory procedures and consequences regarding their establishment and operation. 127This contributes to a great deal of mistrust between civil society organizations and thegovernment. 128 Of the 45,000 active civil society organizations in Pakistan, according to anestimate in 2000, more than a third (34.1 percent) were not willing to be registered under any lawand more than half (55.7 percent) registered under only two laws. 129B. THE WAQF AS AN ELEMENT OF CIVIL SOCIETY IN PAKISTAN1. BACKGROUNDAgainst the sociopolitical and legal/regulatory backdrop described above, the waqf (or wakf, as itis often spelled in Pakistan) has remained virtually intact as a philanthropic and charitableinstitution. Indeed, in today’s sociopolitical climate in Pakistan -- where the state is trying tostrike a balance between operating as a secular institution (resisting efforts to create a theocracy)and yet appease the religious (especially Islamic) elite -- waqf institutions may be an effectiveway for the state to strengthen its political legitimacy, remedy its problems with public servicesdelivery and, at the same time, endorse a venerable Islamic institution. In addition, becauseawqaf are almost always local in scope and management, they could more likely be viewed asnon-threatening in a society where foreign-based philanthropy is not trusted, especially as it isperceived by conservative religious groups as ‘trying to subvert [Pakistani] traditional andreligious value system … [wanting] to introduce western cultural practices and values someaspects of which, according to the conservatives, are obscene and vulgar, and therefore, a threatto [Pakistani] way of life.’ 130The tradition of creating awqaf in Pakistan traces its roots back to the introduction of Muslim rulein that region, between the 8 th and 18 th centuries. While there were indigenous practices ofphilanthropy and charity already evident, Muslim rulers recognized that through establishment ofawqaf they not only fulfilled their religious obligations of zakāt and sadaqah, but they alsogained greater authority and power. 131 As such, the Muslim aristocracy and other wealthy elite(the enormous wealth of South Asia was centered in the hands of a few) established a great125 Ibid 254.126 Zafar Hameed Ismail, above n 119, 3: Ismail refers to the first law as the only law under whichregistration of civil society organizations is mandatory; however, as is clear from the discussion of waqfregulations below, the filing of a ‘statement of particulars’ with the court, including a copy of the waqfdeed, is clearly mandatory with respect to awqaf. In addition, the various provincial waqf ordinances alsoexpressly require registration of waqf property.127 Ibid 1.128 Ibid.129 Zafar Hameed Ismail and Quadeer Baig, above n 1, 252.130 Muhammad Asif Iqbal, Hina Kahn, and Surkhab Javed, above n 108, 39, quoting Mubarak Ali, ‘AreNGOs Serving West’s Interests?’, The News (Karachi), 10 May 2003.131 This was especially important for early Muslim rulers who had foreign origins. Ibid 7-8.24