WAQF: MEANING, KINDS, OBJECTAND PURPOSE FAMILY LAW II ASSIGNMENT By: Snigdha Roy B.A.,LLB(H) 4th Semester Kinds of Waqf……………………………………………………………………2-3 4. 6 7.. Meaning of Waqf…………………………………………………………………1-2 3. Conclusion………………………………………………………………………..4-5 5. Introduction……………………………………………………………………. Bibliography……………………………………………………………………. CONTENT 1. 7 . Valid Object of Waqf…………………………………………………………….. 5 6.... Legal Consequences of Waqf……………………………………………………. 1 2. waqf means detention of a property so that its produce or income may always be available for religious or charitable purposes. it has legal consequences which are dealt in this project. Waqf Act 1954 defines Waqf as. Waqf literally means ‘detention’ stoppage or tying up. the property is detained or. is ‘tied up’ forever and thereafter becomes non-transferable. the poor. INTRODUCTION Literal meaning of the word waqf is ‘detention’. Waqf is binding and enforceable by law. it has been held that waqf means detention of corpus in the ownership of 1 AIR 1964 Mad 18 . to accommodate loan. Meaning and various types of the waqf is defined in this projects. Office of Mutawalli (manager) is very important. In the language of law. pious. The law of waqf is “the most important branch of Mohammedan Law for it is interwoven with the entire religious life and social economy of Muslims. has donate his property in the name of Allah is called waqf. Waqf is the detention of a specific thing that is in the ownership of the waqif or appropriator. When a waqf is created. meaning thereby that the ownership of dedicated property is taken away from the person making waqf and transferred and detained by God. or charitable.” In some cases like Kassimiah Charities v. it means a dedication of some specific property for a pious purpose or secession of pious purposes. There is object behind making a waqf. Abdul Gaffar Khan2. or other good objects. Secy. Details are given in old texts about waqf made by prophet. As defined by Muslim jurists such as Abu Hanifa. “Waqf means the permanent dedication by a person professing the Islam. of any movable or immovable property for any purpose recognized by Muslim Law as religious. and the devotion of its profits or usufructs to charity. Madras State Waqf Board1 and Moti Shah v. It is observed in M Kazim vs A Asghar Ali that technically. MEANING OF WAQF When Muslim a person who is working for charitable purpose under religious faith and sentiments and for the benefit and upliftment of the society. Quasi-public Waqf: Those which are partly public and partly to provide for the benefit of a particular individual or a class of individuals which may be the settlor’s family. Such a waqf is termed as Waqf-Alal-Aulad. Categories of waqf from the perspective of its purpose: • Waqf ahli: the proceeds of waqf are designated for the waqf founder’s children and their off- spring. 2 AIR 1956 Nag 38 . Examples of beneficiaries include the poor and the needy. 3. For example. etc). though waqf al-sabil is usually used to establish and construct the public utility (mosques. Public Waqf: Those which are dedicated to the public at large having no restrictions of any kind regarding its use. power plants. Private Waqf: Those which are for the benefit of private individuals.God in such a manner that its profit may be applied for the benefit of His servants. shelters. • Waqf khayri: the proceeds of waqf are earmarked to charity and philanthropy. including the settlor’s family or relations. 2. This is meant to help financially-challenged individuals and communities. • Waqf al-sabil: a waqf whose beneficiaries are the general public. It is very similar to waqf khayri. roads. these beneficiaries cannot sell or dispose of the property subject-matter of waqf. and universities. However. schools.The object of dedication must be charitable or religious KINDS OF WAQF Generally there are three types of waqf: 1. graveyards. Waqf khayri is typically used to finance mosques. water supplies. wells. bridges. schools. etc. Examples of such assets include schools. utilities. Categories of waqf from the perspective of its output nature: • Waqf istithmari: the waqf assets are intended for investment. Waqf al-awaridh may also be used to finance maintenance of the utilities of a village or neighborhood. .• Waqf al-awaridh: the yield of waqf is held in reserve so that it can be used at times of emergency or unexpected events that negatively influence the livelihood and well-being of a community of people. • Waqf mubashar: the waqf assets are used to generate services to the benefit of some charity recipients or other beneficiaries. For example. Such assets are managed to produce income that will be used in constructing and reconstructing waqf properties. waqf may be assigned to the satisfaction of specific needs such as medication for sick people who are unable to pay medication expenses and education of poor children. g. Celebrating the death anniversary of the settler and of the members of the family. Maintenance of Khankahs. 4. Performance of ceremonies known as Kadam Sharif. The following are not recognized as valid objects of waqf. Bridges and Caravan Sarais. A Durgahor or shrine of a Pir which has long been held in veneration by the public. A waqf in favour of absolute strangers. 9. On basis of decided cases and the text of eminent Mohammedan Jurists. 13. Repairs of Imambaras. Keeping Tazias in the month of Moharram. Celebrating the birth of Ali Murtaza 3. 11. 2. Objects which are uncertain. and assistance to the poor to enable them to perform pilgrimage to Mecca. Payment of money to Fakirs. . e. Objects prohibited by Islam. certain objects which had been declared to be valid objects of waqf are:- 1. 5. pious or charitable. 14. by the Musalman law. Mosque and provisions for Imamas to conduct worship. 7. 8. and provisions for camels and Duldul for religious processions during Moharram. Reading the Koran in public places and also at private houses. 4. tough there was an immediate and substantial gift to charity. The construction of a Cobat or free boarding house for pilgrims at Mecca. Distribution of alms to poor persons. Maintenance of poor relations and dependant. 6. 3. under Muslim Law. erecting or maintaining a church or temple. 15. 16. 17. Providing for the rich exclusively. 12. 1. VALID OBJECTS OF WAQF An essential for the validity of waqf is that the dedication should be for a purpose recongnised as religious. Performing the annual Fateha of the members of his family. 10. Grant to an Idgah. 2. Grant to the college and provisions for professors to teach in colleges. even to the usufructs. 3. Irrevocable – In India. Dedication to God – The property vests in God in the sense that nobody can claim ownership of it. A direction to spend a certain sum of money for feasting Cutchi Memons every year on the anniversary of the anniversary of the settler’s death is not valid. Pious or charitable use – The usufructs of the waqf property can only be used for pious and charitable purpose. 6. the property is dedicated to God and only the usufructs are used by the descendants. Once the property is given to waqf. It can also be used for descendants in case of a private waqf. it was held by Allahbad HC that the waqf of a house built on a land leased for a fixed term was invalid. no human being can alienate it for himself or any other person.5. Ismail vs Thakur Sabir Ali . 7.Inalienable – Since Waqf property belongs to God. it remains for the waqf for ever. 5. He cannot claim any benefits from that property.Extinction of the right of wakif – The wakif loses all rights. Waqf cannot be of a specified time duration. 3 AIR 1966 All. Misuse of the property of usufructs is a criminal offence as per Waqf Act. Permanent or Perpetual – Perpetuality is an essential element of waqf. Power of court’s inspection – The courts have the power to inspect the functioning or management of the waqf property. of the property. The wakif cannot get his property back in his name or in any other’s name. In Mst Peeran vs Hafiz Mohammad3. SC held that even in waqf-alal-aulad. It cannot be sold or given away to anybody. a waqf once declared and complete. 4. cannot be revoked. 201 . 2. the following are the consequences – 1. In Md. LEGAL CONSEQUENCES OF WAQF Once a waqf is complete.1995. CONCLUSION Waqf is a detention which is permanent and binding and enforceable by law also. any person interested may seek remedy in civil court. A Muslim waqf is distinguished from an English trust or a Hindu endowment of dharma. Office of mutawalli is very important in waqf. power can be exercised when there is clear vacancy of mutawalliship or there is dispute as to competence or eligibility of existing mutawalli. . com/academike/concept-waqf-muslim-law/ (last visited on April.com (last visited on April 16. Syed Khali Rashid. 2017) 2. Muslim Law (Eastern Book Company. BIBLIOGRAPHY 1.lawctopus.indiakanoon.2017) 3. Lucknow. 2016) . 5th edn. 16. https://www.www.