WAKF : A CRITICAL STUDIES

PROPOSAL SUBMITTED BY :
Name : Aniket Raj

Course : B.A. LL.B. (Hons.)

Roll No. : 1713

PROPOSAL SUBMITTED TO :

Mrs. Pooja Srivastava

Faculty of “Family Law”

RESEARCH PAPER SUBMITTED IN PARTIAL FULFILLMENT OF COURSE FAMILY LAW-II FOR
ATTAINING THE DEGREE OF B.A. LL.B. (Hons.)

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR , MITHAPUR , PATNA – 800001

JANUARY , 2019
 INTRODUCTION
A Waqf also called Wakf or mortmain property is under context of ‘sadaqah’ an absolute religious grant
in Islamic law , typically donating a building or plot of land or even cash for Muslim religious or
charitable purposes. The donated belongings are held by a charitable trust. The grant is known as
“mushrut-ul-khidmat” while a person making such dedication is known as “wakif”. Before one and a
half thousand years , before the birth of the principle of uses and trusts in English Law , Islamic Law
acknowledged and established a legal expedient under the name of wakf , which allowed an owner to
settle his property for the use of heirs in eternity. The subject of “wakf” is relative to Entry No. 10
“Trust and trustees” and no. 28 “Charities and Charitable institutions, charitable and
religious endowments and religious institutions in the concurrent list attached to the 7th Schedule to the
constitution of India. Control over the management of wakfs is therefore the duty of both the central
government as well as State government. Article 26, of the constitution gives freedom to every religious
denomination to establish and maintain its religious and charitable institutions subject to public order
morality and health. They are also allowed the right to govern the properties of these institutions in
accordance with the law Subject of course to such regulations as the law might choose to impose. But
if a law taxes the whole right of supervision is null and void. The monitoring laws assume their
importance out of the fact that in case of public trusts and grants some amount of control over their
management is necessary in the interest of the public as a whole. Such laws are valid as they do not
interfere with the internal matters of the institutions. The State cannot interfere in the formation or
looking after of religious and charitable institutions or in the controlling of religious matters. The
number of religious denominations or parties are allowed to manage them in accordance with the beliefs
of their religions. The only intervention possible is on grounds of public order health and morality. The
principle of wakf which is linked with the full religious life and social economy of Muslim has laid
down the foundations of one of the most important institutions of the community. In India alone there
are more than a lakh wakfs valued at more than a 100 crore of rupees. An general survey of wakf
properties all over the country is close to finishing point.

Origin History and Development

The practices recogniced to Muhammad have helped the institution of wakf from the initial part of
Islamic olden times. The foundation of wakf or the provision of dedication of property movable
immovable for religious purposes and for wakf improve the poorer sectors of the society have been a
distinguishing feature of the socio-economic structure of Islam. Devotion to the way of God or the way
of goodness and a strong desire to win divine consent have been the core cause of the origin and
development of the institution. The Quran contains no place to wakf but it abounds in injunctions in
the matter of charity and in their wealth the beggar and the outcaste had due shares ( Surah 51 , ver 19)
“They ask the muhammad what they shall spend say : that which ye spend for good must go to parents
and near kindred and orphans and the needy and wayfarer And whatever good ye do to I Allah is Aware
of it (Surah 2, ver. 215) generally the source of wakf is drawn to the prescriptions of the Prophet omar
had acquired a piece of land in the canton of khaibar and proceeded to the prophet and sought his
counsel to make the most pious use of it ,where upon the prophet declared Tie up the property Dasl-
corpus and denote the usufruct to human beings that it is not to be sold or made the subject of gift or
inheritance denote its produce to your children your kindred and the poor in the way of god. “In
accordance with this rule omar dedicated the property in question as wakf which continued in existence
for several centuries until the land became waste.
 AIMS AND OBJECTIVE

HYPOTHESIS

RESEARCH METHODOLOGY

This project is based mainly and heavily on written text material. It is based on the doctrinal method of
research. The segments are structured and written actively. The writing style is descriptive as well as
analytical. This project has been done after a thorough research based upon intrinsic and extrinsic aspect
of the assigned topic. The doctrinal method in this research paper refers to various books, articles,
newspaper, magazine, dictionary and political review. In this research paper the researcher will only
use Doctrinal method.
 TENTATIVE CHAPTERISATION

1. Introduction………………………………………………………………………….
2. Essential Requisites of a wakf……………………………………………………….
3. Kinds of wakf………………………………………………………………………..
4. Creation of wakf……………………………………………………………………..
 Declaration…………………………………………………………………..
 Delivery of possession………………………………………………………
 Appointment of Mutawalli………………………………………………….
5. Case Study…………………………………………………………………………...
6. Conclusion…………………………………………………………………………...

Bibliography……………………………………………………………………………..