Meaning of Waqf

Dedication of property in perpetuity for religious, pious, or charitable purposes

Waqf is an Arabic term which means detention or tying up. Under Muslim Law, it refers to the permanent dedication of property by a Muslim for purposes recognized as religious, pious, or charitable.

Once a property is declared as Waqf, the ownership of the property is considered to vest in God (Allah), and the property becomes inalienable — it cannot be sold, transferred, or inherited. The usufruct (benefits/proceeds) of the property is used for the intended purpose like building mosques, schools, helping the poor, etc.

Answer:

Essentials of Waqf

Settlor (Waqif)

Property (Mawquf)

Purpose (Sabigh)

Intention (Niyyat)

Delivery of possession (Qabza)

Settlor (Waqif)

The person creating the waqf is called the waqif. The waqif must be a Muslim of sound mind and competent to contract. The waqif must make the declaration of waqf voluntarily.

Property (Mawquf)

The property dedicated must be tangible, specific, and capable of being used for the purpose intended. It can include movable or immovable assets (e.g., land, buildings, shops, etc.) but must be free from encumbrances.

Purpose (Sabigh)

The object of the waqf must be permissible under Islamic law. It includes religious (e.g., mosque), charitable (e.g., orphanage, school), or pious purposes (e.g., burial grounds).

Intention (Niyyat)

There must be a clear and irrevocable intention to create a waqf. Mere intention is not sufficient unless accompanied by an act showing clear dedication of the property.

Delivery of possession (Qabza)

For waqf by declaration (especially in oral waqf), there must be actual delivery of possession if the waqif appoints someone else (mutawalli) to manage it. However, for waqf through a written deed, qabza is not always necessary as long as the declaration is absolute and irrevocable.

Answer:

Public Waqf

For charitable purposes

Public Waqf is created for the benefit of the general public or a significant section of it. The property dedicated is used for religious, charitable, or pious purposes that serve society.

Examples include waqf for building mosques, schools, hospitals, public wells, orphanages, or other institutions that benefit the community at large.

Key Characteristics:

• Purpose is religious, educational, or charitable.
• Beneficiaries are the public or a class of the public.
• The property is inalienable and meant to serve long-term public welfare.

Private Waqf (Waqf-al-al-Aulad)

For benefit of family members

Private Waqf or Waqf-al-al-Aulad is created for the benefit of the waqif’s family or specified individuals, usually descendants.

Unlike public waqf, the usufruct is meant exclusively for a limited group of beneficiaries, often the donor’s children or relatives.

Key Characteristics:

• Purpose is private benefit, usually for the family’s welfare.
• Beneficiaries are specified individuals or family members.
• The property remains dedicated but benefits a limited group.

Example: A Muslim dedicates a house as waqf for the maintenance of his children. The income generated is distributed among them.

Waqf by User

Waqf by User refers to a waqf created by the person who is already in possession or using the property. The user dedicates the property in his possession for a religious or charitable purpose.

This type of waqf generally requires the user to transfer possession to a mutawalli (manager) or declare the waqf irrevocably.

Example: A person using a shop decides to dedicate the shop's use and income for charity, creating a waqf by user.

Mutawalli: Manager of Waqf

Appointment and Removal of Mutawalli

Mutawalli is the appointed manager or trustee responsible for the administration and management of waqf property.

Appointment: The mutawalli is usually appointed by the waqif (settlor), or by the Waqf Board if the waqif has not appointed anyone, or through a court order.

Removal: The mutawalli can be removed by the waqif, the Waqf Board, or by a competent court in cases of mismanagement, fraud, or incapacity.

Powers and Duties of Mutawalli

The mutawalli has several powers and duties including:

• Managing the waqf property according to the conditions of the waqf deed and Islamic law.
• Collecting income generated from the waqf property and ensuring proper utilization for the specified religious, charitable, or family beneficiaries.
• Maintaining accounts and presenting them to the Waqf Board or appropriate authority.
• Ensuring protection and preservation of the waqf property from waste, loss, or illegal encroachment.
• Executing repairs and improvements to maintain the property’s utility.
• Complying with legal and statutory obligations including registration and taxation.

Waqf Boards

Role and Function of Waqf Boards

Waqf Boards are statutory bodies established under the Waqf Act, 1995 in India to supervise and regulate the administration of waqf properties.

Functions include:

• Registering waqfs and mutawallis.
• Ensuring proper management and protection of waqf properties.
• Inspecting accounts and records of mutawallis.
• Advising the mutawallis and intervening in cases of mismanagement.
• Promoting development and utilization of waqf properties for intended charitable or religious purposes.
• Resolving disputes related to waqf properties.

Superintendence of Waqfs

The superintendence of waqfs lies primarily with the State Waqf Boards under the Waqf Act. The Boards act under the administrative control of the State government and perform oversight functions.

Key aspects of superintendence include:

• Monitoring the management of waqf properties to prevent misappropriation or neglect.
• Empowering the Boards to remove or appoint mutawallis if necessary.
• Ensuring compliance with the terms of waqf and Islamic law.
• Facilitating legal action to protect waqf assets.

The central government also exercises control through the Central Waqf Council, which advises and coordinates activities of State Waqf Boards.