WAQF: MEANING, KINDS, OBJECT AND

PURPOSE
FAMILY LAW II ASSIGNMENT

By: Snigdha Roy

B.A.,LLB(H)
4th Semester
 CONTENT

1. Introduction…………………………………………………………………….... 1

2. Meaning of Waqf…………………………………………………………………1-2

3. Kinds of Waqf……………………………………………………………………2-3

4. Valid Object of Waqf…………………………………………………………….4-5

5. Legal Consequences of Waqf……………………………………………………. 5

6. Conclusion……………………………………………………………………….. 6

7. Bibliography……………………………………………………………………... 7
 INTRODUCTION

Literal meaning of the word waqf is ‘detention’. In the language of law, waqf means
detention of a property so that its produce or income may always be available for religious or
charitable purposes. When a waqf is created, the property is detained or, is ‘tied up’ forever
and thereafter becomes non-transferable. Meaning and various types of the waqf is defined in
this projects. There is object behind making a waqf. Office of Mutawalli (manager) is very
important. Waqf is binding and enforceable by law, it has legal consequences which are dealt
in this project. The law of waqf is “the most important branch of Mohammedan Law for it is
interwoven with the entire religious life and social economy of Muslims.

MEANING OF WAQF
When Muslim a person who is working for charitable purpose under religious faith and
sentiments and for the benefit and upliftment of the society, has donate his property in the
name of Allah is called waqf.
Waqf literally means ‘detention’ stoppage or tying up, meaning thereby that the ownership of
dedicated property is taken away from the person making waqf and transferred and detained
by God. Details are given in old texts about waqf made by prophet. It is observed in M Kazim
vs A Asghar Ali that technically, it means a dedication of some specific property for a pious
purpose or secession of pious purposes. As defined by Muslim jurists such as Abu Hanifa,
Waqf is the detention of a specific thing that is in the ownership of the waqif or appropriator,
and the devotion of its profits or usufructs to charity, the poor, or other good objects, to
accommodate loan.
Waqf Act 1954 defines Waqf as, “Waqf means the permanent dedication by a person
professing the Islam, of any movable or immovable property for any purpose recognized by
Muslim Law as religious, pious, or charitable.”

In some cases like Kassimiah Charities v. Secy. Madras State Waqf Board1 and Moti Shah v.
Abdul Gaffar Khan2, it has been held that waqf means detention of corpus in the ownership of

1 AIR 1964 Mad 18

2 AIR 1956 Nag 38
God in such a manner that its profit may be applied for the benefit of His servants.The object
of dedication must be charitable or religious

KINDS OF WAQF

Generally there are three types of waqf:

1. Public Waqf: Those which are dedicated to the public at large having no restrictions of any
kind regarding its use. For example, bridges, roads, wells.
2. Quasi-public Waqf: Those which are partly public and partly to provide for the benefit of a
particular individual or a class of individuals which may be the settlor’s family.
3. Private Waqf: Those which are for the benefit of private individuals, including the settlor’s
family or relations. Such a waqf is termed as Waqf-Alal-Aulad.

Categories of waqf from the perspective of its purpose:

• Waqf ahli: the proceeds of waqf are designated for the waqf founder’s children and their off-
spring. However, these beneficiaries cannot sell or dispose of the property subject-matter of
waqf.

• Waqf khayri: the proceeds of waqf are earmarked to charity and philanthropy. Examples of
beneficiaries include the poor and the needy. Waqf khayri is typically used to finance
mosques, shelters, schools, and universities. This is meant to help financially-challenged
individuals and communities.

• Waqf al-sabil: a waqf whose beneficiaries are the general public. It is very similar to waqf
khayri, though waqf al-sabil is usually used to establish and construct the public utility
(mosques, power plants, water supplies, graveyards, schools, etc).
• Waqf al-awaridh: the yield of waqf is held in reserve so that it can be used at times of
emergency or unexpected events that negatively influence the livelihood and well-being of a
community of people. For example, waqf may be assigned to the satisfaction of specific
needs such as medication for sick people who are unable to pay medication expenses and
education of poor children. Waqf al-awaridh may also be used to finance maintenance of the
utilities of a village or neighborhood.

Categories of waqf from the perspective of its output nature:

• Waqf istithmari: the waqf assets are intended for investment. Such assets are managed to
produce income that will be used in constructing and reconstructing waqf properties.

• Waqf mubashar: the waqf assets are used to generate services to the benefit of some charity
recipients or other beneficiaries. Examples of such assets include schools, utilities, etc.
 VALID OBJECTS OF WAQF

An essential for the validity of waqf is that the dedication should be for a purpose
recongnised as religious, pious or charitable, under Muslim Law.
On basis of decided cases and the text of eminent Mohammedan Jurists, certain objects which
had been declared to be valid objects of waqf are:-
1. Mosque and provisions for Imamas to conduct worship.
2. Celebrating the birth of Ali Murtaza
3. Repairs of Imambaras.
4. Maintenance of Khankahs.
5. Reading the Koran in public places and also at private houses.
6. Maintenance of poor relations and dependant.
7. Payment of money to Fakirs.
8. Grant to an Idgah.
9. Grant to the college and provisions for professors to teach in colleges.
10. Bridges and Caravan Sarais.
11. Distribution of alms to poor persons, and assistance to the poor to enable them to perform
pilgrimage to Mecca.
12. Keeping Tazias in the month of Moharram, and provisions for camels and Duldul for
religious processions during Moharram.
13. Celebrating the death anniversary of the settler and of the members of the family.
14. Performance of ceremonies known as Kadam Sharif.
15. The construction of a Cobat or free boarding house for pilgrims at Mecca.
16. Performing the annual Fateha of the members of his family.
17. A Durgahor or shrine of a Pir which has long been held in veneration by the public.

The following are not recognized as valid objects of waqf, by the Musalman law.
1. Objects prohibited by Islam, e.g. erecting or maintaining a church or temple.
2. A waqf in favour of absolute strangers, tough there was an immediate and substantial gift
to charity.
3. Providing for the rich exclusively.
4. Objects which are uncertain.
5. A direction to spend a certain sum of money for feasting Cutchi Memons every year on the
anniversary of the anniversary of the settler’s death is not valid.

LEGAL CONSEQUENCES OF WAQF

Once a waqf is complete, the following are the consequences –

1. Dedication to God – The property vests in God in the sense that nobody can claim
ownership of it. In Md. Ismail vs Thakur Sabir Ali , SC held that even in waqf-alal-aulad, the
property is dedicated to God and only the usufructs are used by the descendants.
2. Irrevocable – In India, a waqf once declared and complete, cannot be revoked. The wakif
cannot get his property back in his name or in any other’s name.
3. Permanent or Perpetual – Perpetuality is an essential element of waqf. Once the property is
given to waqf, it remains for the waqf for ever. Waqf cannot be of a specified time duration.
In Mst Peeran vs Hafiz Mohammad3, it was held by Allahbad HC that the waqf of a house
built on a land leased for a fixed term was invalid.
4.Inalienable – Since Waqf property belongs to God, no human being can alienate it for
himself or any other person. It cannot be sold or given away to anybody.
5. Pious or charitable use – The usufructs of the waqf property can only be used for pious and
charitable purpose. It can also be used for descendants in case of a private waqf.
6.Extinction of the right of wakif – The wakif loses all rights, even to the usufructs, of the
property. He cannot claim any benefits from that property.
7. Power of court’s inspection – The courts have the power to inspect the functioning or
management of the waqf property. Misuse of the property of usufructs is a criminal offence as
per Waqf Act.1995.

3 AIR 1966 All. 201

 CONCLUSION

Waqf is a detention which is permanent and binding and enforceable by law also, any person
interested may seek remedy in civil court. Office of mutawalli is very important in waqf,
power can be exercised when there is clear vacancy of mutawalliship or there is dispute as to
competence or eligibility of existing mutawalli. A Muslim waqf is distinguished from an
English trust or a Hindu endowment of dharma.
 BIBLIOGRAPHY
1. https://www.lawctopus.com/academike/concept-waqf-muslim-law/ (last visited on April,
16, 2017)

2.www.indiakanoon.com (last visited on April 16,2017)

3. Syed Khali Rashid, Muslim Law (Eastern Book Company, Lucknow, 5th edn. 2016)