Essential Requirements for a Valid Waqf: Importance of Waqf: Types of Waqf: Formalities for Creation of Waqf: Completion and revocation of Waqf

Preliminary

The Quran says:
“Ye will not attain unto piety until ye spend of that which ye love; and whatsoever ye spend Allah is aware thereof.”

Importance of Waqf

The Prophet Muhammad (S.A.W.) stated:
"Among acts and good deeds for which a believer is rewarded after death are:

• A piece of knowledge he has taught and spread;

• A virtuous son whom he has brought up;

• A copy of the Quran he has left behind;

• A mosque or a wayfarer’s house he has constructed;

• A river he has caused to stream; or

• Alms he has given from his wealth while still healthy and alive,
  so that he may benefit therefrom in the afterlife."

What is Waqf

According to Hedaya and Imam Abu Hanifa:
"It signifies the appropriation of any particular thing in such a way that the appropriator’s right in it shall still continue, and the advantage of it go to some charitable purpose in the manner of a loan."

Essential Requirements for a Valid Waqf

1. Permanent Dedication of Property

   • Must involve dedication

   • Dedication must be permanent

   • Must be of any form of property

2. Waqf Must Be Irrevocable

   • Once constituted, it cannot be revoked.

   • Testamentary waqf may be revoked before the waqif’s death.

3. Waqf Must Be Absolute and Unconditional

   • It must not depend on any future condition or contingency.

4. Waqf Must Be Immediate and Not Contingent

   • It must take effect immediately, except for testamentary waqf.

5. The Wakif Must Extinguish Ownership

   • Upon creation, the wakif ceases to have ownership over the property.

6. Object Must Be Religious or Charitable

   • Only for purposes recognized as pious under Muslim Law.

7. Subject of Waqf Must Belong to Wakif

8. The Founder Must Be a Competent Person

9. Waqf Must Be in the Name of God

10. Waqf Must Be Inalienable

11. Delivery of Possession (under Shia Law)

Types of Waqf

1. Waqf-alal-Aulad (Family Waqf)

• Benefits are for the wakif’s family and descendants.

• Recognized under Islamic Law.

• Becomes public waqf if the family line becomes extinct.

2. Waqf Sabilillah (Public Waqf)

• Dedicated to public welfare:

  • Religious: Mosques, graveyards, Eidgah, etc.

  • Charitable: Hospitals, education, etc.

  • Pious: Alms, shrines, Hajj expenses.

3. Quasi Waqf (Waqf under Statute)

• Created under legislative authority.

Formalities for Creation of Waqf

1. Registration

   • Not necessary for validity unless created by a document involving immovable property worth ₹100 or more.

2. Delivery of Possession

   • Not required under Sunni law.

   • Required under Shia law.

3. Modes of Creation

   • Inter vivos (during life)

   • Testamentary (by will)

   • By immemorial use

Who Can Make a Waqf (Wakif)

• Must be a Muslim

• Male or female (even a pardanashin woman)

• Must be an adult and of sound mind

• Must be owner of the property

Subject Matter of Waqf (Mauquf)

1. Immovable Property

   • Land, buildings, trees, etc.

2. Movable Property

   • Horses, camels, books, etc.

   • Excludes debts, dower, decrees, and profits alone.

3. Divisible or Indivisible Property

4. Tangible or Intangible Property

5. Musha (Undivided Share)

   • Permissible under Sunni law.

Completion of Waqf

1. When a Third Person is Appointed as First Mutawalli:

   • Declaration

   • Appointment of Mutawalli

   • Delivery of possession

2. When Founder is First Mutawalli:

   • No need for delivery of possession

   • Under Shia Law, change of status must be reflected (e.g., mutation in records)

Revocation of Waqf

• Once valid, a waqf is irrevocable.

• Ownership vests in God and cannot be taken back.

• Exceptions:

  • Testamentary waqf can be revoked before death.

  • During death illness: only 1/3 of estate can be given unless heirs consent.

Conclusion

The institution of waqf is a unique and enduring charitable mechanism in Islamic law, facilitating perpetual benefits for religious, charitable, or familial causes. Rooted in the teachings of the Quran and Hadith, it ensures that property once dedicated serves divine and social purposes beyond the life of the donor. Its requirements—including permanency, irrevocability, and dedication to pious causes—ensure its sanctity. Waqf continues to play a critical role in socio-economic upliftment and religious endowments in Muslim communities globally.