The Concept of Waqf
Waqf refers to the act of dedicating a specific type of property for the sake of Allah – the Exalted – and utilizing its benefits for the individuals chosen by the donor. It also signifies the transfer of ownership of a tangible asset, known as the “endowed property,” from the donor’s private ownership to public ownership. The benefits derived from this property are exclusively reserved for those designated as beneficiaries of the waqf.
The Wisdom Behind the Legitimacy of Waqf
Those who have been blessed by Allah – the Most High – with wealth and abundant resources often aspire to enhance their acts of worship and engage in righteous deeds. They tend to allocate a portion of their enduring wealth as waqf, fearing that, after their passing, it may fall into the hands of those who do not safeguard it. Thus, Allah – the Exalted – has ordained the establishment of waqf.
Ruling on Waqf
The ruling on waqf in Islamic law is recommended and commendable. It is regarded as one of the most virtuous forms of charity and voluntary giving encouraged by Allah – the Exalted. Waqf is a high form of nearness to Allah and yields immense rewards, serving as a pathway for benevolence and benefaction that continues beyond death.
Conditions for the Validity of Waqf
Waqf must meet specific conditions to be considered valid and accepted, which include the following:
- It must be allocated from something that retains its essence while providing benefits.
- It should be designated for benevolent purposes, such as mosques, wells, relatives, and the needy.
- It must be directed towards a specific cause, such as a particular mosque, an individual like Ziyad, or a category like the poor.
- It should be perpetual and not temporary or contingent, unless conditioned upon the donor’s death.
- The donor must possess full legal capacity to make this disposition.
The Nature of Waqf
Waqf constitutes a binding contract that cannot be revoked. It cannot be sold, bought, gifted, inherited, or kept as collateral. Should its benefits cease due to damage or other reasons, or when another beneficial purpose arises, the waqf property can be sold and the proceeds utilized for a similar purpose, such as when the benefits of a mosque cease, it may be sold and transferred to another mosque, provided this does not lead to harm or malfeasance.
It is permissible to alter the direction and form of a waqf for the sake of a greater benefit, such as converting houses into schools or Quran memorization centers. The expenses of the waqf should be derived from its income unless stipulated otherwise. If the donor does not designate a supervisor for the waqf, the oversight and administration will fall to the beneficiaries if specified, or to the responsible entity for communal purposes like mosques, or the competent authorities for those whose beneficiaries are unquantifiable, such as the needy.
Pillars of Waqf
Waqf consists of essential elements without which it cannot be established, including:
- The donor
- The endowed property
- The beneficiaries
- The declaration or formula of the waqf.
Types of Waqf
There are three main categories of waqf, namely:
- Charitable waqf
This refers to property set aside for acts of goodness and charity, such as for the needy, mosques, hospitals, and schools.
- Family waqf
This benefits specific individuals or their descendants, such as a waqf for children, siblings, or friends by naming them or describing them, e.g., “for my children and grandchildren, even if they descend.”
- Joint waqf
This type involves property that is divided between charitable purposes and family beneficiaries; for example, “I dedicate my assets: half for my son, and the other half for a charity.”
Areas Suitable for Waqf
The realms of goodness that qualify for waqf are numerous, including but not limited to:
- Funding mosques.
- Supporting students of knowledge.
- Assisting the defenders of Islam.
- Providing for relatives and kin.
- Aiding the poor and disadvantaged among Muslims.
Nullifiers of Waqf
Several factors may invalidate a waqf, including:
- Presence of an obstacle
Such as the death of the donor or their bankruptcy, or if they fall ill before transferring the waqf, in which case the waqf would be void and revert to the heir or creditor, unless the right is forgiven.
- Need for the waqf prior to one year
If the donor occupies the property or avails themselves of the yield before the completion of one year after it was designated as waqf, it nullifies the waqf.
- Allocating the waqf to prohibited purposes
For instance, using the fruits or returns of the waqf for drinking alcohol, drugs, or purchasing weapons for illegal uses invalidates the waqf.
- Benefiting an outlaw
This renders the waqf void; however, a waqf may be established for a protected person from among the People of the Book.
- Benefiting the donor
Even with a non-heir partner, for example, if the donor states, “I dedicate this for myself alongside someone else,” it nullifies their portion and similarly affects their partner’s share.