Waqf and essentials
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:
- Verbal
- Oral
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 person in whose favor property of waqf can be made.
- a) The waqif himself.
- b) The descendants of waqif.
- c) The family of waqif.
- d) Public
12. 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 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. Essentials/Requisites of a valid waqf:
Following are the requisites of a valid waqf
I. Permanent:
The dedication must be permanent. a waqf that is made for a limited period is not valid.
II. End of ownership of Wakif
Once the waqf is created the ownership of the wakif comes to an end immediately. If it does not happen so then the waqf is invalid.
III. Registration:
A waqfnama by which immovable property of the value of Rs. 100/= or above is required to be registered under the registration act.
IV. Irrevocable:
Once a valid waqf is made, it cannot be revoked.
V. Ownership vested in God
The ownership of wakif comes to an end after the creation of waqf. The ownership must be vested in God.
VI. Delivery of possession
According to Shia Law, the delivery of the possession is necessary for a valid waqf.
VII. Inalienable:
Waqf should be inalienable.
VIII. Certainty:
Waqf property should be certain. if the object is uncertain the waqf will be void.
IX. Perpetual
For the validity of waqf, the waqf must be created for an unlimited time. The essential feature of the waqf is perpetuity and permanence as far as the object of waqf is concerned it must also be perpetual.
X. Unconditional:
If there is a condition for making waqf it will be invalid. the waqf should be unconditional.
XI. Non-contingent and immediate:
After the creation of waqf, the transfer of the property should be immediate. Any contingency attached to waqf is void.
16. 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.