How is a waqf completed
1. 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 purposes. every Muslim of sound mind may dedicate his property by way of waqf. it may be made verbally or in writing.
2. Meaning:
Literal means tying up or detention.
3. 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."
Abu Hanifa
'Waqf is the detention of a specific thing in the ownership of the waqf or appropriator, and the devoting or appropriators of its profits or usufruct in charity on the poor or other good objects."
4. Kinds of waqf:
Private waqf:
It is waqf which is made for private individuals.
Public waqf:
It is dedicated to the public at large.
Quasi waqf:
It is partly public and partly private.
5. Forms of Waqf:
- Oral
- Verbal
6. 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.
7. Primary rules relating to waqf:
The following are the primary rules relating to waqf.
- The subject of the waqf should be dedicated to perpetuity.
- All human rights should be divested therefrom.
- It should be made non-heritable and inalienable.
8. Parties of Waqf:
Parties of waqf are as under
Beneficiary:
The person in whose favor waqf is made is called the beneficiary.
Mutawalli:
The person who is appointed for the execution of waqf is called mutawalli.
Wakif:
The person who makes waqf is called wakif and is also known as dedicator.
9. Capacity to make waqf:
The person who creates waqf is called waqif, it should have the following qualifications.
- Waqif must profess Islam.
- Waqif may be a male or female.
- Waqif must be of sound mind.
- Waqif must be the owner of the property.
- Waqif must be of the age of the majority.
10. Creation of waqf:
A waqf may be created in the following ways:
- a) By a dedication.
- b) By means of a will.
- c) During illness.
- d) Waqf by the user.
11. In whose favor can waqf be made:
Following are the persons in whose favor property of waqf can be made.
- The waqif himself.
- The descendants of waqif.
- The family of Waqif.
- Public
12. The subject of waqf:
Any immovable or moveable, dividable or undividable property having the certainty of which the waqf is the owner may be the subject matter of the waqf. a Musha may be the subject of waqf, except waqf for mosque.
13. Completion of waqf:
Under Sunni law:
A waqf is completed by a mere declaration of endowment by the owner.
Under Shia law:
A waqf is not completed unless possession of the waqf property is given to either mutawalli or the first beneficiary.
14. Object of Waqf:
The object of waqf must be certain. if there is an element of uncertainty in the object of waqf then it will be void.
15. Mutawalli:
Mutawalli is the superintendent or Manager of the Waqf property.
I. Appointment:
Mutawalli may be appointed by:
- Waqif.
- Executor.
- Mutawalli.
- Order of court.
II. Qualification of mutawalli:
Mohammadan or non-Mohammadan.
Sound mind.
Should be of the age of majority.
16. Waqif as mutawalli:
A waqif may constitute himself the first mutawalli. the transfer of possession in such case is not necessary to be transferred.
17. Appointment of mutawalli:
The following can be appointed mutawalli.
- The waqif himself.
- Female.
- Non-Muslim.
- Sunni in a Shia waqf and Shia in a Sunni waqf.
18. Removal of mutawalli:
Mutawalli can be removed by the court from his office on the following grounds.
- Corruption.
- Mental disorder.
19. Conclusion:
To Conclude I can say that, every Muslim of sound mind can dedicate his property by way of waqf. under Sunni law a waqf is completed by a mere declaration of endowment by the owner but under Shia law possession must be delivered.