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WHAT IS WAQF

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Waqf and its plural form, auqaf, are derived from the Arabic root verb, “Qif”, which has the basic meaning of “to stop” or “to hold”. Ordinarily, waqf is understood as an inalienable trust or “endowments” as they are created for the benefit of individuals as well as institutions. However, a Waqf is more than a trust or an endowment. In Shariah, upon dedication to waqf, the ownership of the subject matter is divested from the waqif, i.e., the creator of a waqf, and vests in God Almighty.

In creating a waqf the waqif makes the corpus inalienable in perpetuity and grants the usufruct or the yield of such property to specified or unspecified persons or any institution. This creation of waqf is circumscribed by various rules, viz., the waqif can only create waqf in respect of property owned by him; where the usufruct is uncertain or contingent, waf is invalid; when a waqf is created with any condition then condition would be void and the waqf would be valid and absolute; waqf during marz-ul-maut would be governed by the rules of testamentary disposition, i.e., it would be valid only to the extent of 1/3rd of the total property of the waqif. This is in those cases where there is an express or implied dedication.

However, where there is no dedication and the property is being used for any religious, charitable and pious purpose as per Islamic law, it becomes a public waqf by user. In that event express dedication and/or waqf deed is not required.

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