Note on Law of Waqf

Submitted to: Sir Salman

Submitted by: M. Waqas Saeed
Section/Roll No: B-21730 (B)
Subject: Islamic Personal Law (II)
Topic: Law of Waqf

University of South Asia

 Law of Waqf
Introduction:
The wakf center is a sui generis element of the socio-economic and legal framework of
Mohommadan law. Infringement means the giving of immovable and immovable property in the
name of Allah for religious, popular and charitable purposes. The reason that the wakf center
comes from such an intervention is because it serves two purposes, on the one hand it satisfies
the human nature of giving and on the other it provides for a weaker social class.

It is worth noting that wakf is an unconditional and permanent commitment to property in the
ownership of God. This complete transfer of property is in the nature of having the owner's rights
canceled. The wakf property becomes inaccessible and, therefore, cannot be sold, gifted or
graciously given. It is managed only and the manager is simply the keeper, not the owner or
manager.

The word wakf has its roots in Arabic verb WAQAFA which means to bind or to hold or to bind.
Its origin is therefore traced back to the tradition of the Prophet Mohammad, habis al-asl wa
Sabbil al-thamara ie. Bind the item and give the fruit [1] According to Imam Abu Hanifa, waking
up 'is the binding of a local property with a wakif identity and a commitment to use it, such as a
ariya, or accept a loan, for a specific purpose.

Meaning
1. Literal Meaning
The literal meaning is “tying up or detention”.

Definition:
Waqf Act 1954
According to Sec 3 (i) 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.”
Imam Abu Hanifa
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.
Thomas Patrick Hughes
Waqf means literally “Standing, stopping, halting”. A term which in the language of the
law, signifies the appropriation or dedication of property to charitable uses and the
service of God.
Classification of Waqf:
According to Ameer Ali, waqf can be divided into three categories.

i For the rich and poor alike.

ii For the rich and later for the poor alike.

iii Only the poor.

b. As for relationships
The waqif (but only in the Law of Hanafi)

ii Family or waqif decisions (Waqf 'Ala'l-awlad)

iii Unrelated persons

The law entitled waqf allows for generation after generation to be divided into two parts: the previous
law, and the law after the Waqf Act 1913.

c. Someone who is not Muslim

A non-Muslim has the right to take advantage of the waqf, as long as he is not an alien enemy.

Types of Waqf
The following are the types of waqfs.

i Private Waqf: It is a private waqf made for a private person.

ii Public Waqf: Dedicated to the general public. It is intended solely for a specific religious or religious
purpose.

Quasi Waqf: Public and private part.

Waqf valid title

An immovable or moving, tangible, or tangible property that guarantees that the waqf is the owner can
be the ultimate story. The waqf title must be clearly defined.

Items not from Waqf valid

i The rights to spend money.

ii Debt drawn, which may or may not be repaid.

iii Simple money order

iv will not be held in the fraudulent rights of other heirs.

Functions of Waqf
The following are valid waqf objects.

Muslims also claim that imam worship them.

ii Distribution of gifts to the poor.

iii Grant of takia

iv Celebrating the memory of waqif with members of his family, including as do the poor.

v Prayer land

vi Dargahs

vii Hospitals and dispensaries

viii Construction of free housing.

The Eidgahs

x The reading of the Holy Quran in public

xi Making and Tazias

xii Celebrating Hazrat Ali Murtaza's Birthday (RAA)

Type Waqf
Verbal and Oral

Parties of Waqf
Waqif
The person who makes the waqf is called Waqif.

Mutawalli
The person appointed to care for the waqf is called Mutawalli. He works as a personal property
manager.

Eligibility of Waqf
I. A Muslim
II. the Artificial Intelligence
III. Achievement Dimensions

Qualification of Mutawalli
Who can be a Mutawalli:

I. may be Muslim or non-Muslim.

II. is of sound mind.
III. must be of a plural age.
Appointment of Mutawalli
Mutawalli may be appointed:

I. The waqif itself.

II. The commander

Who may be appointed Mutawalli

The following may be appointed as Mutawalli:

I. the Waqif itself

II. her children
III. His descendants
IV. Woman
V. You are not a Muslim
VI. Sunni in Shia Waqf and Shia in Sunni Waqf

Mutawalli Rights
I. If there is no provision in waqfnama for the succession of Mutawalli's office, he has the right to
appoint his successor to the deathbed.
II. He has the right to appoint a successor if the fq action authorizes him to do so.
III. You can replace your successor if Waifif and the asset manager both die.
IV. He was entitled to the property of qq.
V. You are entitled to be paid.
VI. You have the right to do anything that makes sense to manage and improve waqf.

Revocation of Waqf
i In case of testamentary Waqf

A contractual waqf of a will, may be revoked by the waqf at any time before his or her death.

ii In case of non-Testamentary Waqf

Where in the process of creating a non-testamentary waqf, waqif reserves the power to return the
waqf, the waqf will apply.

Waqf during Marzul Maut

waqf made by will or during Marzul Maut cannot 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.