Islamic

Endowments
(Waqf)
By : Group 9
Group Members
✣ Anish Raj :
(Sap-500085321 ;
Roll-R760220055)
✣ Md. Aqudas Ghani :
(Sap-500084726 ; Roll -
R760220020)
✣ Aditi : (Sap-500085324 ;
Roll- R760220051)

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 WAQF
- According to the legal definition, it means dedication
of some property for a pious purpose in perpetuity.

- The property so alienated should be available for

religious or charitable purposes. Such a property is
tied up forever and becomes non-transferable.

- A waqf can be either in writing or can be made by an

oral presentation.

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 Essentials of Waqf
Waqf Under Sunni Law
The essential conditions of a valid waqf,
according to the Hanafi Law (Sunni
Law) are:
1. A permanent dedication to any
property.
2. The dedicator (waqif) should be a
person professing the Mussalman faith
and of sound mind and not a minor or
lunatic.
3. The dedication should be for a purpose
recognised by the Mussalman law as
religious, pious or charitable.
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Waqf Under Shia Law
The essential conditions for creating a
valid Waqf according to Shia Law are:
1. It must be perpetual.
2. It must be absolute and
unconditional.
3. Possession of the thing appropriated
must be given.
4. The waqf property should be entirely
taken out of waqif.
Who Can Create a Waqf?

- The person constituting the waqf of his own properties is known as the
‘founder of waqf’ or Waqif.

- The Madras and Nagpur High Courts have held that a non-Muslim can also
create a valid waqf provided the objective of the waqf so created is not against the
principles of Islam.

Completion Of Waqf

Waqf can be completed by the following modes.

- Where a third person is appointed as the first mutawalli.
- Where the founder constitutes himself as the first mutawalli.

Kinds Of Waqf

1. Public Waqf– It is created for the public, religious or charitable purposes.

2. Private Waqf- This type of Waqf is created for the settlor’s own family
and his descendants and is also known as ‘Waqf-ulal-Aulad’. It is a kind of
family settlement in the form of waqf.
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 Waqf Act, 1913
- Under this act, a Muslim can tie his property for perpetuity for the support of his
family, children and descendants.

- Under this act, a Hanafi Muslim cannot enjoy the whole income or a life interest in
the income of trust property.

- A Hanafi Muslim selling the property can make payments of his debts out of the
rents and the profits of the property dedicated.

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 Mutawalli
- The manager or the superintendent of the waqf is known as the ‘Mutawalli’.

- Such a person appointed has no powers, either to sell or exchange or mortgage the waqf
property, without the prior permission of the court, unless he has been empowered by the
waqf deed expressly to do so.

- Any person who has attained the age of majority, is of a sound mind and is capable of
performing the functions to be discharged under a particular waqf, can be appointed as a
mutawalli of the waqf.

- A mutawalli is authorised to take all reasonable actions in good faith to ensure that the end
beneficiaries are able to enjoy all the benefits from the wakf.

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 Conclusion
- Wakf is the creation of property for religious or charitable purposes which is
established permanently.

- It is binding in nature and enforceable by law.

- In case of wakf the remedy can be provided from the Civil Court

- The concept, powers and duties of mutawalli are of great importance to study
under the topic of waqf.

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Thank You!