Waqf in Muslim Law
Waqf in Muslim Law
1. Meaning of Waqf
Waqf (also spelled Vakf) is an Islamic endowment.
It refers to dedicating a certain property or asset permanently for religious, charitable, or public purposes.
Once property is declared as waqf, it ceases to belong to the owner and is held in trust for the intended purpose.
It is an important institution in Muslim law for the protection and promotion of religious and charitable activities.
2. Origin
The concept of waqf is derived from the Quran and Hadith.
The word “waqf” literally means “to stop” or “to withhold”, indicating the permanent dedication of the property.
3. Types of Waqf
A. Waqf Khairi (Religious or Charitable Waqf)
Created for religious or charitable purposes.
Examples: funding mosques, madrasas, hospitals, burial grounds.
The property is used solely for public benefit and cannot be reclaimed.
B. Waqf Ahiri (Family Waqf)
Created for the benefit of family members or heirs.
Income or benefits go to family members.
After the family line ends, the property often reverts to charitable purposes.
4. Essentials of Waqf
Must be a permanent dedication: The donor (waqif) irrevocably parts with ownership.
Must be for religious or charitable purposes (e.g., education, healthcare).
Must have specific property: movable or immovable property.
Waqf property is inalienable: It cannot be sold, gifted, or inherited.
Appoint a Mutawalli (trustee): Person who manages the waqf property.
5. Legal Effects
The waqf property is held in trust for the benefit of society or specified beneficiaries.
The donor cannot reclaim the property once waqf is created.
The income generated is used for the declared purpose.
The Mutawalli manages the property but must not misuse it.
6. Relevant Legislation (India)
The Waqf Act, 1995 (amended in 2013) regulates the administration of waqf properties in India.
The Act establishes Waqf Boards in states for supervision and protection.
Provides legal framework for registration, dispute resolution, and management of waqf properties.
7. Important Case Law
Mohammad Hanif Quareshi vs. The State of Bihar (AIR 1959 SC 853)
The Supreme Court recognized the importance of waqf and upheld the protection of waqf properties.
Emphasized that waqf properties are inalienable and must be preserved for public use.
Anwar Ali Sarkar vs. State of West Bengal (AIR 1952 SC 75)
Discussed the rights and duties of the mutawalli and the sanctity of waqf properties.
8. Summary Table
| Aspect | Description |
|---|---|
| Definition | Permanent dedication of property for religious/charitable use |
| Types | Waqf Khairi (charitable), Waqf Ahiri (family) |
| Key Feature | Property becomes inalienable, managed by mutawalli |
| Legal Framework | Waqf Act, 1995 (India) |
| Case Law | Mohammad Hanif Quareshi, Anwar Ali Sarkar |
9. Conclusion
Waqf is a unique institution in Muslim law that combines religious devotion with social welfare by permanently dedicating property for the benefit of the community or family. It is protected by law and plays a vital role in supporting education, health, and religious infrastructure in Muslim societies.
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