الأراضي الزراعية الوقفية في ساحل كينيا : رؤية فقهية في المشكلات و الحلول

الملخص EN

The history of endowments in the Kenyan coast dates back to the advent of Islam in this region.

The first endowments in the Kenyan coast were mosques made of mud.

This is because the early Muslims (Arabs) were merchants who were not permanently living within the coast.

They often used to come to the coast and set off for the Arabian Peninsula.

The first endowment established in this region was the Friday congregational mosque at Shanga – a village in Pate island in Lamu county, dating back to 870 A.D.

Later on, Muslims endowed the agricultural lands after noticing that the region’s land was fertile and suitable for agriculture, experiencing adequate rainfall and had a moderate climate throughout the year.

However, these agricultural lands had been leased out for 99 years wherein the waqf commission received very little rent throughout this period until the expiry of the contract.

Moreover, a large number of tenants refused to pay an annual rent for the real estates.

So, Muslims incurred a great loss due to lack of proper usage of their resources.

In order to avoid these problems, the researcher sees the need to establish agricultural projects such as the growing of mangoes, oranges, and bananas so that the income obtained can be used to benefit the Muslim community.