Wakf

Introduction :
Wakf is an important concept in Islamic law and refers to the endowment of

property or assets for charitable purposes. The wakf system has a long history in the Islamic
world and has been used for centuries to promote social welfare and provide support for the
less fortunate.
The basic idea of wakf is that a person donates a property or assets to a charitable trust, which
then uses the income generated from those assets to support charitable activities. The wakf
property cannot be sold, mortgaged or otherwise disposed of, and the trust is responsible for
managing and maintaining the property.
Wakf has been used to support a wide range of charitable activities, including the building of
mosques, schools, hospitals, and providing assistance to the poor and needy. The system has
played an important role in promoting social welfare and has helped to alleviate poverty and
suffering in many Islamic countries.
Today, many Islamic countries have established government-run wakf boards to oversee the
management of wakf properties and ensure that they are used for their intended purposes. The
wakf system continues to be an important tool for promoting social welfare and charitable works
in the Islamic world.
What is the meaning of Waqf ?

If we look at the word ‘Waqf’, in its literal sense it is referred to
as ‘detention’, ‘stoppage’ or ‘tying up’. According to the legal definition, it means a dedication of
some property for a pious purpose in perpetuity. The property so alienated should be available
for religious or charitable purposes. Such a property is tied up forever and becomes
non-transferable.
It has been observed in the case of M Kazim vs A Asghar Ali that waqf in its legal sense means
the creation of some specific property for the fulfilment of some pious purpose or religious
purpose.
Definition :
Definition under Mussalman Wakf Validating Act, 1913- Section 2 of the Act defines
waqf as, “the permanent dedication by a person professing the Mussalam faith of any property
for any purpose recognised by Musalman Law as religious, pious or charitable.”
Wakf Act, 1954 defines Wakf as, “Wakf 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, pious, or charitable.”
Characteristics / Nature of wakf include :
1. Irrevocability: Once a wakf is created, it cannot be revoked or cancelled. The property or

assets become permanently dedicated to charitable purposes.
2. Perpetuity: The wakf property or assets are intended to be used for charitable purposes
indefinitely, even beyond the lifetime of the donor.
3. Inalienability: The wakf property or assets cannot be sold, mortgaged, or transferred to

another person or entity. They are held in trust for the benefit of the community.
4. Autonomy: The wakf is managed by a board of trustees, who have the autonomy to use the
income generated from the property for the intended charitable purposes.
5. Social welfare: The wakf is intended to promote social welfare and provide support for the
less fortunate, such as building mosques, schools, hospitals, and providing assistance to the
poor and needy.
6. Religious significance: The wakf system has a strong religious significance in Islamic law, as
it is seen as a means of fulfilling one's religious duty to give to charity and support the
community.
7. Flexibility: The wakf system is flexible and adaptable to changing social and economic needs.
For example, wakf properties may be repurposed for new charitable activities, such as the
provision of vocational training or the support of new community initiatives.
8. Diversity: Wakf can be used to support a wide range of charitable activities, from education
and healthcare to social welfare and community development.
9. Private initiative: Wakf is a means of promoting private initiative and philanthropy. Individuals
and families can create wakfs to support causes that are important to them, and to leave a
lasting legacy for future generations.
10. Public benefit: While wakf is managed by a board of trustees, it is intended to benefit the
broader community rather than any specific individual or group.
11. Governance: Wakf is governed by a set of legal and ethical principles, including the
requirement that the trustees act in the best interests of the beneficiaries and ensure that the
wakf is managed with transparency and accountability.
12. Innovation: The wakf system has been adapted to modern social and economic contexts,
with new approaches to wakf management and financing emerging in response to changing
needs and circumstances. For example, some wakfs now use innovative financing mechanisms,
such as sukuk (Islamic bonds), to generate income for charitable activities.
Modes Of Creation of Waqf :

Waqf can be created in the following ways.
1. By an act inter vivos– This type of waqf is created between living voices, constituted
during the lifetime of the waqif and takes effect from that very moment.
2. By will– A waqf created by will is contradictory to a waqf created by an act inter vivos. It
takes effect after the death of the waqif and is also known as ‘testamentary waqf’. Such
a waqf cannot operate upon more than one-third of the net assets, without the consent
of the heirs.
3. During death or illness (marz-ul-maul)– Like the gifts made while the donor is on the
death bed, will operate till the extent of one-third of the property without the consent of
the heirs of the property.
4. By immemorial user– Limitation of time also applies to the creation of waqf property, but
waqf property can be established by way of immemorial use
Other religious institutions
Other religious institutions under Muslim law include
1. Mosque-
A mosque is a place where the Muslims offer prayers in the congregation or
individually. To consecrate a mosque, dedication is essential; mere construction of its
building is not enough.
2. Public and Private Graveyard-

The dedication of property may be made for a kabristan
or graveyard. If the dedication is complete, a waqf will come into existence, a graveyard
may be:
a public graveyard, or private graveyard.
A graveyard is private when its use is confined to the burial of corpses of
the founder, his children, descendants, and relatives. In such a kabristan, no person who
does not belong to the family of the founder is permitted to bury his dead. A public
graveyard is one open for the burial of any Muslim.
3. Dargah-
means a shrine, i.e., a tomb of a Muslim sain, used for religious prayer.
According to Yule’s Dictionary, “dargah’ means “the shrine of a saint, a place of religious
resort and prayers”.In India, it is an established meaning of dargah that it is a shrine or
tomb of a saint; such a tomb is respectively referred to as the portal to the spiritual place
of the saint. It generally includes a group of buildings of which the tomb is the nucleus.
4. Takia-
The word “takia” literally means a “resting place”. Among the Muslims, the burial
ground is sometimes called a takia. Sometimes a takia is only a place of assembly in a
village and is devoid of all religious connotations. Sometimes it is a platform in a Muslim
graveyard where prayers are offered. Sometimes a fakir builds his hut near a takia in a
graveyard and takes up his residence there, functions there and calls it Khanqah.
5. Khankah-
It is a religious institution, also known as a ribat where Muslim monastery
wishes and other seekers after truth congregate for religious instructions and devotional,
is founded by holy men, it may come into existence after long usage and dedication then
it becomes Waqf, a typical case of waqf by long usage is the Multan shrine or Mai Pak
Daman.
6. Imambara-
It is a Shia religious institution. It is a private apartment set apart for the
performance of certain ceremonies at Moharram and other occasions. It is a private
apartment, and no public worship, like a mosque, meant to be used by the owner and
members of his family, though the public may be admitted with the permission of the
owner
Case Law : Karnataka Board of Wakfs v. Mohd. Nazeer Ahmad,

It was held that “if a Muslim man provides his house to the travellers irrespective
of their religion and status for their stay, this cannot be considered as a valid Waqf on the
ground that under Muslim law a Waqf has a religious motive, that it should be created for the
benefit of Muslim community. When a Waqf is constituted, it is always a presumption that it is a
gift of some property, made in favour of God.
Conclusion :
Wakf is a unique Islamic religious institution that endows property or assets for
charitable purposes, playing a vital role in promoting social welfare and supporting religious
education and culture. Its perpetual nature and management by a board of trustees differentiate
it from other religious institutions, although it shares similarities in focusing on social welfare and
charity. Wakf reflects Islamic teachings of compassion, charity, and community, making it an
important institution in the Islamic faith.

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Introduction :

Wakf is an important concept in Islamic law and refers to the endowment of

What is the meaning of Waqf ?

Characteristics / Nature of wakf include :

1. Irrevocability: Once a wakf is created, it cannot be revoked or cancelled. The property or

3. Inalienability: The wakf property or assets cannot be sold, mortgaged, or transferred to

Modes Of Creation of Waqf :

Other religious institutions under Muslim law include

2. Public and Private Graveyard-

Case Law : Karnataka Board of Wakfs v. Mohd. Nazeer Ahmad,

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