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    What Is Wakf in Muslim Law

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    mail.imranpasha
    This document discusses the concept of Wakf (waqf) in Muslim law. It defines Wakf as the detention of property in the ownership of God, for either religious or charitable purposes. The key requirements for a valid Wakf are that it involves a permanent dedication of property, by a Muslim individual, for a purpose recognized by Islam. A Wakf is non-transferable, irrevocable and perpetual. It can be created during one's lifetime or through a will. The manager of Wakf property is called a Mutawalli, who must be a trustworthy Muslim adult and can be appointed by the Wakif, executor, court or Waqf board.

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    What Is Wakf in Muslim Law

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    mail.imranpasha
    37 views4 pages
    This document discusses the concept of Wakf (waqf) in Muslim law. It defines Wakf as the detention of property in the ownership of God, for either religious or charitable purposes. The key requirements for a valid Wakf are that it involves a permanent dedication of property, by a Muslim individual, for a purpose recognized by Islam. A Wakf is non-transferable, irrevocable and perpetual. It can be created during one's lifetime or through a will. The manager of Wakf property is called a Mutawalli, who must be a trustworthy Muslim adult and can be appointed by the Wakif, executor, court or Waqf board.

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    What is Wakf in Muslim Law

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    This document discusses the concept of Wakf (waqf) in Muslim law. It defines Wakf as the detention of property in the ownership of God, for either religious or charitable purposes. The key requirements for a valid Wakf are that it involves a permanent dedication of property, by a Muslim individual, for a purpose recognized by Islam. A Wakf is non-transferable, irrevocable and perpetual. It can be created during one's lifetime or through a will. The manager of Wakf property is called a Mutawalli, who must be a trustworthy Muslim adult and can be appointed by the Wakif, executor, court or Waqf board.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    37 views4 pages

    What Is Wakf in Muslim Law

    Uploaded by

    mail.imranpasha
    This document discusses the concept of Wakf (waqf) in Muslim law. It defines Wakf as the detention of property in the ownership of God, for either religious or charitable purposes. The key requirements for a valid Wakf are that it involves a permanent dedication of property, by a Muslim individual, for a purpose recognized by Islam. A Wakf is non-transferable, irrevocable and perpetual. It can be created during one's lifetime or through a will. The manager of Wakf property is called a Mutawalli, who must be a trustworthy Muslim adult and can be appointed by the Wakif, executor, court or Waqf board.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    WritingLaw.

    com

    Meaning of Wakf in Muslim Law

    Wakf literally means tying up or detention. The one who makes Waqf is
    called Wakif. Deed is Wakf-nama.
    According to the accepted view, Wakf is the detention of the property in
    the ownership of God.
    Quran is silent regarding Wakf, but Quran does say something about
    charity. In simple words, when a person ties up his property to God and
    keeps the usufruct for the benefit of the public. It may be religious or
    charitable.

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    Essentials of Wakf

    1. There must be a permanent dedication of a property (movable or


    immovable).
    2. By a person professing Islam.
    3. For any purpose recognised by Islam.
    Other Elements
    1. There must be a clear intention on the part of the Wakif to create the
    Wakf. (Wakif is a creator of Wakf.)
    2. Wakif must declare his intention either orally or in writing.
    3. The Wakf must be perpetual, which means there should not be a fixed
    period.
    4. The Wakif must be the owner of the property
    5. The object of Wakf should not be in conflict with Islamic principles.
    6. The Wakif must be of Muslim, major, and of sound mind. Wakf by
    minor is void ab initio. The guardian cannot create a Wakf on behalf of a
    minor.
    7. Wakf should be by a person who is professing Islam.
    Exceptionally, Wakf by a non-Muslim is recognised under certain
    conditions. It means a Wakf may be created by a person belonging to any
    religion, but in such a case, the object of Wakf must not be opposed to the
    creed (faith) of the Wakif.
    It means a Muslim cannot create a Wakf for the construction of a Hindu
    temple, nor can a Hindu create a Wakf for the construction of a mosque.

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    But where the objects are secular in nature such as college, hospital, etc.
    then whether the Wakif is a Hindu or Muslim or Christian, the Wakf would
    be valid.
    8. Wakf must not be contingent or conditional.
    Legal effects of Wakf

    1. Non-transferable
    2. Irrevocable
    3. Perpetual
    Modes of Creation of Wakf

    1. Inter vivos: transfer or gift made during one's lifetime


    2. By will (only one third)
    3. By immemorial use
    4. On death bed - Wakif can create only one third.
    Note: Generally, a Wakf is irrevocable, but if the Wakf is created by will,
    then it may be revoked before the death of the testator.
    Types of Wakf

    1. Public Wakf → Waqf-ull-Allah (where the beneficiaries are public at


    large)
    2. Private Wakf → Waqf-ull-Aulad (where the beneficiaries are the family
    member, relative, friends of Wakf)

    What is Mutawalli

    Mutawalli is the caretaker or manager of Waqf property. Wakif


    himself can also be Mutawalli.
    Who may appoint Mutawalli?

    1. Wakif himself
    2. Executor
    3. The Mutawalli appoints subsequent Mutawalli.
    4. Court
    5. Waqf Board

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    Who may be Mutawalli?

    A trustworthy person and the person must be Muslim, major, male, and of
    sound mind.
    A female or a non-Muslim may also be Mutawalli in a Wakf where the
    religious duties are not involved.
    In simple words, a non-Muslim or female may be appointed the Mutawalli
    for a charitable or secular Wakf.
    Minor as a Mutawalli

    As a general rule, a minor cannot be appointed as a Mutawalli.


    Syed Hasan vs. Mir Hasan: Court held that the minor Mutawalli is void.
    But where the office of Mutawalli is hereditary, and the person entitled to
    succeed the office is minor, then minor maybe a Mutawalli but court will
    appoint another person for taking care of the property till the age of 18
    years.
    Removal of Mutawalli

    Once Mutawalli lawfully appointed cannot be removed except by the


    court.
    Doctrine of Cypres

    When the fulfilment of the object of Wakf becomes impossible, then


    Mutawalli may act for fulfilling any object which is similar to the object
    mentioned in Wakf.
    Garib Das vs. M.A Hamid, 1970: Supreme Court held that a Wakf is
    completed by only a declaration by the Wakif. It may be oral or in writing.
    No formalities are needed for the creation of Wakf.

    WritingLaw.com

    WritingLaw.com

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