Islamic Personal Law Waqf: Group 5
Islamic Personal Law Waqf: Group 5
Islamic Personal Law Waqf: Group 5
Waqf
Group 5
Introduction
Meaning
Definition
• Waqf is the detention of a specific thing in the ownership of the waqf or appropriator,
and the devoting or appropriator’s of its profits or usufruct in charity on the poor or
other good objects.
• Waqf is the tying up of the substance of a thing under the rule of the property of
Almighty God, so that the proprietary right of the waqf becomes extinguished and is
transferred to Almighty God for any purpose by which its profits may be applied to the
benefit of His creatures.
Kinds of Waqf
The proceeds of wakf are designated for the wakf founder’s children and their offspring.
Wakf khayri
The proceeds of wakf are earmarked to charity.
Examples of beneficiaries include the poor and the needy.
Basically the Wakf Khayri is used for finance.
Eg; mosques, shelters, schools, and universities.\
Wakf al-sabil
A wakf whose beneficiaries are the general public.
Wakf al-awaridh
This type of wakf is held at times of emergency
or unexpected events.
Wakf al-awaridh may also be used to finance
maintenance of the utilities of a village or
neighborhood.
Wakf-istithmari
The wakf assets are intended for investment.
Such assets are managed to produce income
that will be used in constructing and
reconstructing wakf properties
Creation of Wakf
• ii Mutawalli
A person who is appointed to look after the waqf is called Mutawalli. He acts like a manager of the waqf property.
• 12 Disqualification
i Minor
ii Unsound Mind
Appointment of Mutawalli:
• A Mutawalli can be appointed by:
i The waqif himself.
ii The executor
• Rights of Mutawalli
i Permanent
The dedication must be permanent. A waqf which is made for a limited period is not valid. The Waqf Act 1913 Sec 2
(i) and (ii), in waqf, the dedication must be permanent.
ii Irrevocable
Once a valid waqf is made, it can not be revoked.
iii Unconditional
If there is a condtion for making a waqf, it will be invalid. Waqf shoud be unconditional. If a condition is interested in
a deed of waqf, that the waqf reserves to him the power of revoking the waqf, the waqf is void ab initio.
iv Inalienable
Waqf should be inalienable. Because perpetuity is ensured by the doctrine that waqf property belongs to God and
cannot be alienated by human beings for their own purposes.
v Certainty
Waqf property should be certain. If the objects are uncertain the waqf will be void. The property must be in the
ownership of the waqif; it must be in his possession.
• Completion of a Waqf
Abu Yusuf
A dedication by way of waqf is complete by
the mere declaration. Neither delivery of
possession, nor appointment of mutawalli is
essential.
• Contingent Waqf
i Neither a minor nor a guardian on behalf of the minor can make a waqf.
ii A waqf can not be made for an illegal object, for example to dealy or
defeat creditors.
• Revocation of Waqf
• A waqf made by will or during Marzul Maut can not operate upon more than one third of the net
assets without the consent of heirs.
Conclusion
The creation of the waqf represents dedication of some property, according to Muslim legal
principles meant it in the way of God.
• M.C.Q s
• in the literal meaning of the word wakf is Detention.
• When wakaf is created property is detained forever
• waqf is generally perpetual and it is irrevocable.
• There are two kinds of wakf, public and private.
• Wakaf khairi earmarked to charity and philanthropy.
• In wakf al sabil beneficiaries are the general in public.
• Wakf al awaridh may also used to finance maintenance of the utilities of a village or neighborhood.
• The subject of wakf must be clearly defined ,and it is not used for illegal object.
• A person is on death bed (marj ul mout) in which case he can not dedicate more than 1/3 of his property for wakf.
• Mutwalli is the manager of waqf not the owner.
• A male and female of any religion can be oppinted as Mutawalli.
• A person who makes wakq is called waqif.
• Waqif has right appoint Mutawalli but he cannot revoke him.
• A Mutawalli is not entitled to any remuneration as of right , but wakif may provide him .
• The waqf property vests in God in the sense that nobody can claim ownership of it.
• When a person leaves a will in which he dedicated his property after his death.