Waqf
Waqf
Waqf
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.
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https://www.lawctopus.com/academike/concept-waqf-muslim-law/
LEGAL CONSEQUENCES OF 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
Sadqah Waqf
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 –
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.