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    Waqf

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    Gursimrat Kaur
    Waqf refers to the permanent dedication of property for religious or charitable purposes in Islam. There are different requirements for waqf depending on whether one follows Sunni or Shia law. For Sunnis, the dedicator must permanently dedicate their property for religious purposes and be of sound mind. For Shias, the waqf must be perpetual with no control or conditions, the property must be given to possession, and the dedicator cannot benefit from the property. Once created, a waqf property cannot be altered, challenged, or used for non-charitable purposes. The courts have power to inspect waqf lands and punish misuse. A waqf is distinguished from sadqah in that ownership passes to God rather

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    Waqf

    Uploaded by

    Gursimrat Kaur
    46 views5 pages
    Waqf refers to the permanent dedication of property for religious or charitable purposes in Islam. There are different requirements for waqf depending on whether one follows Sunni or Shia law. For Sunnis, the dedicator must permanently dedicate their property for religious purposes and be of sound mind. For Shias, the waqf must be perpetual with no control or conditions, the property must be given to possession, and the dedicator cannot benefit from the property. Once created, a waqf property cannot be altered, challenged, or used for non-charitable purposes. The courts have power to inspect waqf lands and punish misuse. A waqf is distinguished from sadqah in that ownership passes to God rather

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    Waqf refers to the permanent dedication of property for religious or charitable purposes in Islam. There are different requirements for waqf depending on whether one follows Sunni or Shia law. For Sunnis, the dedicator must permanently dedicate their property for religious purposes and be of sound mind. For Shias, the waqf must be perpetual with no control or conditions, the property must be given to possession, and the dedicator cannot benefit from the property. Once created, a waqf property cannot be altered, challenged, or used for non-charitable purposes. The courts have power to inspect waqf lands and punish misuse. A waqf is distinguished from sadqah in that ownership passes to God rather

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    46 views5 pages

    Waqf

    Uploaded by

    Gursimrat Kaur
    Waqf refers to the permanent dedication of property for religious or charitable purposes in Islam. There are different requirements for waqf depending on whether one follows Sunni or Shia law. For Sunnis, the dedicator must permanently dedicate their property for religious purposes and be of sound mind. For Shias, the waqf must be perpetual with no control or conditions, the property must be given to possession, and the dedicator cannot benefit from the property. Once created, a waqf property cannot be altered, challenged, or used for non-charitable purposes. The courts have power to inspect waqf lands and punish misuse. A waqf is distinguished from sadqah in that ownership passes to God rather

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 5

    INTRODUCTION

    According to Hanafi school wakf is the elimination of the proprietary


    property. In the landmark case of M Kazim vs A Asghar Ali, court had
    given the proper definition from the law point of view was declared which
    says that there are some part of the property of a person which is given
    as charitable property for the religious purpose which is not returned back
    to the person. There are different essential point for waqf to be valid
    according to sunni law and shia law.
    For sunni law these 3 essentials are to be fulfilled.

    1. Permanent dedication for some property by individual.


    2. The waqif who is dedicating should be a person following the
    Muslim religion and should be of sound mind and major or non-
    lunatic.
    3. There are three keyword – religious, pious or charitable 1which
    are important according to muslim for the person to contribute
    for wakf.
    For shia law these 4 essentials are to be fulfilled to be valid waqf.

    1. It has to be perpetual i.e., long lasting.


    2. There must be no control and no condition for giving the
    property.
    3. The properties’ possession should be given.
    4. The waqif should not have the further benefits of that property.

    Administration of the wakf can be both statutory as well as non- statutory


    i.e. mutawallis, sajjadanashins etc. Mutawallis is only the manager and
    does not own the property. In India, the administration of Wakf is seen by
    the Central Wakf Council, India, a legal body under Government of India,
    which also directs State Wakf Boards. Mutawallis can be wakif, any
    women, sunni if we take shia waqf and even the non-muslim can become
    the manager. Mutawallis has all right to administer and manage the waqf
    property but he has many limitations also like he can’t sell the property or
    can’t that property as a lease property to anyone.

    There are some statutory provisions also for administering the waqf like
    U.P waqf Act. 1950, Bengal waqf act, 1934. But after the introduction of
    the Waqf Act, 1995, separate boards were made for every state for
    managing the Waqf.

    1
    https://www.lawctopus.com/academike/concept-waqf-muslim-law/
    LEGAL CONSEQUENCES OF WAQF

    After affect of doing waqf by the waqf –

    1. Dedicating the property to the God – this means the wagf property
    which the person is giving for religious purpose has no control after
    that and even in the landmark judgment of Md. Ismail vs Thakur
    Sabir Ali, the wakf alal aulad person dedicates the property and
    descendants can only use usufructs.
    2. No alteration – if we see the law in India, the person once give
    his/her property for religious purpose by signing cannot be changed
    or transferred to any one else.
    3. Everlasting – continuity is very important to be a wakf. Property for
    wakf can never be for the fixed time and this was proven In Mst
    Peeran vs Hafiz Mohammad by the Allahabad HC.
    4. Unchallengeable – as waqf property is given to God so nobody can
    challenge it on any base neither cannot be sold.
    5. Charity purpose – the property which is given as wakf can only be
    used for religious purposes. But if it is private type of waqf then it
    can be used by the successor.
    6. Elimination of any rights of waqif – after giving the waqf, that
    person cannot have any benefits.
    7. Courts have the power to inspect – courts can inspect the function
    of that property. If somebody uses the property wrongly is crime
    according to wakf act 1955.
    RESEARCH QUESTION

     Waqf distinguished from Sadqah?

    Sadqah Waqf

    Sadqah can be in a form of gift by the


    1. Waqf is considered as endowment.
    individual

    Trustee of the property in this case


    Trustee can even sell the property cannot sold the property until unless
    2.
    itself as he has the right to do so. it is authorised by court or with the
    approval of the settlor.

    Trustee or the mutawalli cannot take


    Ownership passes to the trustee and
    any benefits as it is transferred to
    3. he can take all benefits of that
    God and that property is owned by
    property.
    the Go.

     Can waqf can be created by non-muslims also?

    The individual who is giving waqf is called as waqif/wakif. There are few
    conditions which should be satisfied by that individual willing to dedicate
    the property. Those conditions are –

    (i) the individual who is willing to dedicate must be Muslim by religion.

    (ii) that individual should not be insane.

    (iii) that individual should not be a minor.


    Regardless of these conditions the High Courts of Madras and Nagpur
    stated that even the person not being a Muslim can also dedicate the
    property as waqf as nothing is mentioned in muslim religion regarding
    this. If we see the judgement of the patna high court then we can say
    person not being muslim can also dedicate waqf but not of private nature
    like Imambara.

    An individual who is of not sound mind can not dedicate as he/she must
    be not in right condition as to understand the after affects of this
    dedication. If that kind of person dedicates then it will be not considered
    valid. Not every person can dedicate the property because everyone is not
    having the right to do so. Like if we look into widow then that property is
    her unpaid dower by her husband because she does not have any right in
    that property.

    If pardanashin lady wants to dedicate then mutawalli have to proof the


    conditions like she has decided this by understanding the consequences.
    An individual if wishes to give his full profile property as waqf then he or
    she can but if it is testamentary waqf then he or she can’t give beyond
    one third of his property.
    CONCLUSION

    Wakf refers to the permanent establishment of property for religious or


    charitable reasons. It also has legal basis, i.e. it is legally binding and
    enforceable. If a person believes his or her right has been violated, he or
    she may seek redress in the Civil Court. The concept, powers, and
    responsibilities of mutawalli are crucial to understand when studying
    waqf. Such powers can only be used if there is a definite vacancy for the
    position of mutawalli, or if there is a disagreement about the competence
    or eligibility of the current mutawalli.

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