What is Waqf, Why and for What Purpose is Waqf Created

Waqf is an Arabic word, which means to detain or to reserve—that is,to preserve something for others. In Islamic terminology, Waqf refers to the act of donating something in the path of Allah withthe intention of attaining closeness to Him.

According to Section 2 of Act No. 2 of 1962, Waqf refers to a Muslim person permanently dedicating his immovable or movable property for a religious or charitable sacred purpose. However, a non-Muslim person may also create a Waqf in light of Islamic provisions—this is recognized in Islam.

The creator of a Waqf is called a Waqif. Once a person dedicates his wealth or property as Waqf, he completely relinquishes ownership of that property, and it is considered the property of Allah. As a result, no one can claim ownership or inheritance of that property.

Allah says: “You will never attain righteousness until you spend in the way of Allah from that which you love.” — (Surah Al-Imran, Ayah: 92)

The Holy Prophet Muhammad (PBUH) established the rule of Sadaqah Jariyah or Waqf and called upon everyone to implement and uphold it.

Hazrat Anas (RA) narrated that after the revelation of the above verse, Hazrat Abu Dahdah (RA) said, “Our Lord has called us to spend our beloved possessions in the name of Allah. O Messenger of Allah (PBUH), be a witness—I have donated my beloved land in the way of Allah.” At that, the Prophet (PBUH) said, “Let it be Waqf for your relative Hazrat Ubayy ibn Ka'b (RA) and Hassan ibn Thabit (RA).”

This was the first Waqf property in Islam in 622 Hijri. (Tafsir al-Qurtubi, 4/132) The Quba Mosque was built on this Waqf land.

About six months later, the Prophet (PBUH) himself purchased a piece of land in Madinah and dedicated it as Waqf, upon which the Masjid al-Nabawi was constructed—Islam's second holiest site for Muslims.

Thus, with the goal of attaining closeness to Allah, achieving peace in this life and salvation in the hereafter, a vast Waqf movement began in accordance with Islamic religious provisions for the welfare of humanity.

Conditions of Waqf:

  • The Waqif must be of sound mind and adult.
  • The Waqf property must be permanent.
  • The purpose of the Waqf must be for charitable and religious welfare in accordance with Islamic law.
  • Both immovable and movable legal properties can be endowed as Waqf.

Four Main Characteristics of Waqf:

  • It is a permanent religious ordinance—Waqf cannot be made for a fixed period.
  • It becomes effective immediately and cannot be suspended.
  • It is an irrevocable legal contract.
  • Waqf property can never be confiscated.

How Many Types of Waqf and What Are They?

Waqf is mainly of two types:

  1. Waqf Fi Sabilillah
  2. Waqf al-Aulad

1. Waqf Fi Sabilillah:

A Waqf that is used exclusively for religious and charitablepurposes is known as Waqf Fi Sabilillah.

2. Waqf al-Aulad:

A Waqf created for the benefit and support of the Waqif's family or descendants is called Waqf al-Aulad.

In 1835, a person challenged the legality of Waqf al-Aulad in the Privy Council. The court ruled in favor of the Waqif.

In the 1894 case of Abul Fata Mohammad vs. Bismaoy, the Privy Council declared Waqf al-Aulad to be valid.

When accusations of violating Muslim law arose, the Waqf Validating Act was passed in 1913, which overruled the Privy Council's verdict.

Subsequently, the Bengal Waqf Act of 1934, the East Pakistan Waqf Ordinance of 1962, and the Waqf (Amendment) Acts of 1988, 1998, and 2013 were enacted.

Methods of Transfer of Waqf Property:

  1. By sale
  2. By gift
  3. By mortgage
  4. By exchange
  5. By lease
  6. On the basis of partnership

In case of transfer for development purposes: Under Subsection (1) of Section (2), the provisions of the Transfer of Property Act of 1882 shall apply.

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