October 4, 2022

The law related to Waqf- At a Glance

  • Essential– The settled principles relating to the question of waqf are that the property dedicated by way of waqf must belong to the waqf or the dedicator at the time of dedication.
  • Objects– The valid objects of a waqf include, among other things, mosques and provision for Imams to conduct worship therein, keeping tazias in the month of Muharram, repairs of imambaras.
  • Musha– A mushaa or an undivided share in property may not be dedicated by way of waqf for a mosque or burial ground irrespective whether the property is or is not capable of division.

The waqf of mushaa for purpose like a mosque or burial ground is invalid for the reasons that the continuance of participation in anything is repugnant to its becoming the exclusive right of God.

  • Minor’s waqf- A minor is incompetent to dedicate his property by way of waqf.
  • Mode of waqf- The waqf may be made either verbally or in writing; it may be created by act inter vivos or by will.
  • Size of property- A Mohammadan may dedicate the whole of his property by way of waqf; but a waqf made by will cannot operate upon for more than one-third of the net assets without the consent of the heirs.
  • A mere declaration of endowment by the owner is sufficient to complete the waqf