INTRODUCTION
Waqf is an important social institution of Islam. It is the most important branch of Muhammad’s Law. It is a permanent dedication by a Muslim of some specific property for religious and pious purposes. Every Muslim of sound mind may dedicate his property by way of waqf. It may be made verbally or in writing.
MEANING OF WAQF
Literal means tying up or detention or stopping.
DEFINITION OF WAQF
According to Section 3(i) of Waqf Act 1954
“Waqf means the permanent dedication by a person professing Islam of any moveable and immovable property for any purpose recognized by the Muslim law as pious, religious or charitable.”
PARTIES OF WAQF
Parties of waqt are as under;
Wakif: The person who makes waqf. He is also called a dedicator.
Beneficiary: The person in whose favor waqf is made.
Mutawalli: The person who is appointed for the execution of waqf.
KINDS OF WAQF
Private Waqf: It is waqf which is made for private individuals.
Public Waqf: It is dedicated to the public at large. It is made purely for some religious or pious purpose a land for masjid.
Quasi Waqf: It is partly public and partly private.
ESSENTIAL OF A VALID WAQF
Following are the essentials of a valid waqf.
CAPACITY TO MAKE WAQF:
In order to make waqf, the following qualities must be present.
- A wakif must be a Muslim
- He must profess Islam
- There is no restriction as to the sex in case of being a wakif. Both males and females may be a wakif
- A wakif must be a sound mind and he should be capable of giving free consent
- A wakif must be major
- A wakif must be the owner of the property
PERMANENT
The dedication must be permanent. A waqf that is made for a limited period is not valid.
IRREVOCABLE
A valid feature of waqf is that once it has been created then it can not be revoked. If a waqf is created in order to revoke it later on then such a waqf is not a valid waqf.
UNCONDITIONAL
If there is a condition for making waqf it will t invalid. The waqf should be unconditional.
SUBJECT MATTER OF WAQF
A subject matter of a valid waqf may be the immovable or movable property, divisible or indivisible which has the certainty of which the wakif may be the owner. As well as wakif. of musha is concerned it may also be the subject matter of the property.
INALIENABLE
Waqf should be inalienable.
PERPETUAL
For the validity of waqf, it is necessary that the waqt must be created for an unlimited time The essential feature of waqf is the perpetuity and permanence As well as the object of waqf is concerned it must also be perpetual.
IMMEDIATE AND NON CONTINGENT
After the creation of waqf, the transfer of property should be immediate. Any contingency attached to the waqt is void.
OWNERSHIP VESTED IN GOD
The ownership of wakif comes to an end after the creation of waqf. The ownership of the property must be vested in God.
UNCERTAINTY AS VOID
The objects for which the waqf is being created must be clear and certain. If there is any uncertainty as to the waqf then it would be void.
END OF OWNERSHIP OF WAKIF
Once a waqf is created, the ownership of the wakif comes to an end immediately. If it does happen so then the waqf is invalid.
DELIVERY OF POSSESSION
According to Shia Law, the delivery of possession is necessary for a valid waqf.
REGISTRATION
A waqfnama by which immovable property of the value of Rs. 100/= or above requires to be registered under the Registration Act.
FORM OF WAQF
The following may be the form of waqf.
- Verbal
- Oral
CONTINGENT WAQF
There should be no element of contingency in waqf It is essential to the validity of a waqf that the appropriation should not be made to depend on contingency.
SUBJECT OF WAQF
Any immovable or moveable, dividable or undividable property having the certainty of which the waqf is the owner may be the subject matter of the waqf. A Musha may be the subject of waqf, except waqf for the mosque.
OBJECTS OF WAQF
A waqf may be categorized into the following three groups:
1. WAQFA ALAL AULAD
A waqf for the support of the family is a lawful and proper waqf.
SAYING OF PROPHET (PBUH):
“When a Muslim bestows on his family and kindred hoping for a reward in the next world it becomes alms, although he has not given to the poor but to his family and children.”
CATEGORIES OF WAQF ALAL AULAD:
Following are the categories of the Waqf Alal Aulad.
- WAQF FOR FAMILY ONLY
- WAQF PARTLY FOR FAMILY & PARTLY FOR CHARITY
- WAQF FOR CHARITY AS WELL AS FOR FAMILY
2. WAQF SABI LIL LAH
Public waqf are those waqfs that are dedicated to the welfare of the public.
CATEGORIES OF WAQFFI SABI LILLAH:
Following are the objects for which public waqf may be made:
WAQF FOR RELIGIOUS PURPOSES: Following are the religious purposes for which public waqf may be made.
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- Mosques
- Khangahs
- Graveyards
- Eidgah
- Imambara
- Dargah
WAQF FOR CHARITABLE PURPOSES: For charitable purposes, a waqf may be made;
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- Hospital Construction
- Educational Purposes
- Salary for Hufaz I Quran
- Boarding House
- WAQF FOR PIOUS PURPOSES:
- Shrines Construction
- Alms Distribution
- Hajj Performance
3. WAQF UNDER STATUTE
The Privy Council pronounced certain decisions in some cases which caused unrest amount the Muslims After the coming into force of the Musalman Waqf Validity Act, of 1913 the family waqfs have been declared as valid waqf.
According to Section 2(i) of the above-mentioned Act, a waqf can be made for any purpose recognized by Muslim Law as religious pious, and charitable.
CONDITIONS
- The subject of waqf must belong to waqf
- Delivery of possession must be there
- The objects of a waqf must be indicated with certainty
- A declaration must be permanent.
REVOCATION OF WAQF
In the case of Testamentary Waqf:
A testamentary waqf that is made by will may be revoked by the waqf at any time before to himself his death.
In the case of Non-Testamentary Waqf:
Where at the time of creating a non-testamentary waqf, the waqif reserves the power of revoking the waqf, the waqf will be invalid.
WAQF DURING MARZUL-MAUT
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
It is concluded that the creation of waqf represents the dedication to some property, according to Muslim legal principles meant it in the way of God. The declaration must be permanent, and mature.
FAQs
What is a Waqf? What are the lawful objects of Waqf?
(2016-S)
Define Waqf and its valid objects.
(2018-A, 2017-S)
Define Waqf and explain its lawful objects under the Islamic Provisions.
(2015-A)
Define Waqf & Its ingredients in detail.
(2012-S, 2008-S)
Write a short note on Waqf.
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