Islamic personal law

Waqf

Group 5

Sheraaz ali BL=1095 Coordinator

Mansoor Ahmed BL-1086 Researcher
Tariq Hussain BL-1093 Researcher
Sikander zaman Bl-1054 writer
Faraz Ahmed BL-1122 writer
 Waqf

Introduction

Waqf is an important social institution of Islam. It is a permanent dedication by a

Muslim of some specific property for religious and pious purpose. Every Muslim
of sound mind may dedicate his property by way of waqf. It may be made
verbally or in writing. The real purpose of making a waqf is to acquire merit in
the eyes of the Lord; all other purposes are subsidiary.

Meaning

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.

Qadi Abu Yusuf and Imam Muhammad

• Waqf is the tying up of the substance of a thing under the rule of the property of
Almighty God, so that the proprietary right of the waqf becomes extinguished and is
transferred to Almighty God for any purpose by which its profits may be applied to the
benefit of His creatures.
 Kinds of Waqf

Following are the kinds of waqf.

i Private Waqf : It is waqf which is made for private individual.
ii Public Waqf : It is dedicated to the public at large. It is made purely for some
religious or pious purpose.
 Wakf ahli

The proceeds of wakf are designated for the wakf founder’s children and their offspring.
Wakf khayri
The proceeds of wakf are earmarked to charity.
Examples of beneficiaries include the poor and the needy.
Basically the Wakf Khayri is used for finance.
Eg; mosques, shelters, schools, and universities.\
Wakf al-sabil
A wakf whose beneficiaries are the general public.
Wakf al-awaridh
This type of wakf is held at times of emergency
or unexpected events.
Wakf al-awaridh may also be used to finance
maintenance of the utilities of a village or
neighborhood.
Wakf-istithmari
The wakf assets are intended for investment.
Such assets are managed to produce income
that will be used in constructing and
reconstructing wakf properties
Creation of Wakf

1. By an act of a living person

2. By will
3. By Usage
• . Subject of a valid Waqf
• A immoveable or moveable, dividable or undividable property having certainty of which the waqf is the owner may be the subject matter of the
waqf.

Subjects not for a valid Waqf

i Rights of usufructuary mortgage.
ii A dower debt, which may or may not be paid.
iii A simple money decree
iv A waqf will not be upheld which is in fraud of the rights of certain heirs.

• Valid Objects of Waqf

Following are the valid objects of waqf.
i Mosques and for imam to conduct worship therein.
ii The distribution of alms to the poor.
iii Grant of takia
iv Observance of the anniversaries of the waqif and members of his family members of his family, involving as it does the feeding of the poor.
v Prayer ground
vi Dargahs
vii Hospitals and dispensaries
viii Construction of the free boarding houses.
ix Eidgahs
x Reading of Holy Quran in public
xi For making and keeping Tazias
xii Celebrating the birth of the Hazrat Ali Murtaza (RAA)
• 9. Form of Waqf
i Verbal
ii Oral

10. Parties to a Waqf

i Waqif 
A person who makes waqf is called Waqif.

• ii Mutawalli
A person who is appointed to look after the waqf is called Mutawalli. He acts like a manager of the waqf property.

11. Qualification of Waqif

i A Muslim
ii Who have Sound mind
iii Who have attained Majority

• 12 Disqualification
i Minor
ii Unsound Mind

Extent of Waqif’s Power

A person under Islamic Law may declare the whole of his property a waqf.
• Qualification of Mutawalli:

• A person can be a Mutawalli who:

i may be a Muslim or Non-Muslim.
ii has sound mind.
iii should be of the age of majority.

Appointment of Mutawalli:
• A Mutawalli can be appointed by:
i The waqif himself.
ii The executor
• Rights of Mutawalli 

i If there is no provision in waqfnama about for succession of the

office of Mutawalli, he has right to appoint his successor on his death
bed.
ii He has right to appoint his successor if waqf deed authorize him to
do so.
iii He can appoint his successor if Waqif and Executor are both dead.
iv He had right to manage the waqf property. 
v He has right of remuneration.
vi He has right to do any thing that is reasonable for administration
and betterment of the waqf.
• Removal of Mutawalli

A Mutawalli can be removed by the court if he/she:

i Becomes unfit for the job.
ii Does not perform the religious services.
iii Becomes insolvent.
iv Commits misconduct.
v Commits breach of trust.
• 20. Essentials for a valid Waqf

i Permanent
The dedication must be permanent. A waqf which is made for a limited period is not valid. The Waqf Act 1913 Sec 2
(i) and (ii), in waqf, the dedication must be permanent.

ii Irrevocable
Once a valid waqf is made, it can not be revoked. 

iii Unconditional
If there is a condtion for making a waqf, it will be invalid. Waqf shoud be unconditional. If a condition is interested in
a deed of waqf, that the waqf reserves to him the power of revoking the waqf, the waqf is void ab initio.

iv Inalienable
Waqf should be inalienable. Because perpetuity is ensured by the doctrine that waqf property belongs to God and
cannot be alienated by human beings for their own purposes.

v Certainty
Waqf property should be certain. If the objects are uncertain the waqf will be void. The property must be in the
ownership of the waqif; it must be in his possession. 
• Completion of a Waqf

Abu Yusuf
A dedication by way of waqf is complete by
the mere declaration. Neither delivery of
possession, nor appointment of mutawalli is
essential.
• 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.

• When Waqf can not be valid

i Neither a minor nor a guardian on behalf of the minor can make a waqf.
ii A waqf can not be made for an illegal object, for example to dealy or
defeat creditors.
• Revocation of Waqf

i In case of testamentary Waqf

A testamentary waqf that is made by will, may be revoked by the waqf at any time before his
death.

• ii In case of Non-Testamentary Waqf

Where at the time of creating a non-testamentary waqf, the waqif reserves to himself 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
The creation of the waqf represents dedication of some property, according to Muslim legal
principles meant it in the way of God.
• M.C.Q s
• in the literal meaning of the word wakf is Detention.
• When wakaf is created property is detained forever
• waqf is generally perpetual and it is irrevocable.
• There are two kinds of wakf, public and private.
• Wakaf khairi earmarked to charity and philanthropy.
• In wakf al sabil beneficiaries are the general in public.
• Wakf al awaridh may also used to finance maintenance of the utilities of a village or neighborhood.
• The subject of wakf must be clearly defined ,and it is not used for illegal object.
• A person is on death bed (marj ul mout) in which case he can not dedicate more than 1/3 of his property for wakf.
• Mutwalli is the manager of waqf not the owner.
• A male and female of any religion can be oppinted as Mutawalli.
• A person who makes wakq is called waqif.
• Waqif has right appoint Mutawalli but he cannot revoke him.
• A Mutawalli is not entitled to any remuneration as of right , but wakif may provide him .
• The waqf property vests in God in the sense that nobody can claim ownership of it.
• When a person leaves a will in which he dedicated his property after his death.