CRITICAL ANALYSIS OF THE CONCEPT OF WAQF

CRITICAL ANALYSIS OF THE CONCEPT OF WAQF

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A waqf under Muslim law is considered a religious, spiritual and religious obligation.  However, this provision also has benefits for charities and oneself, children and descendants.  The origin of waqf is in the spoken word of the Prophet.  In the days before Islam, the law of waqf fell into several considerable uncertainties.  In the second century after the flight, it was a development of rules supporting ijma, which was considered as a concept of waqf law.  Extensive land and various other types of property were dedicated to waqfs throughout the Muslim world.  There are about one lakh waqfs in India worth more than Rs 100 crore.  For centuries, not only land but all kinds of movable and immovable property were considered as waqf.  Over time, the Muslim world saw that the “dead hand” was trying to suffocate all progress and prosperity.  There are several religious institutions under Muslim law for which a waqf can be created.  These include a mosque, cemetery, dargah, takia, khanqah and imambara.

Meaning of waqf-

 If we look at the word ‘waqf’, it means ‘stuck’, ‘stoppage’ or ‘tied up.  According to the legal definition, this means sacrificing some property for an ever-important religious purpose.  Such property should be available for religious or charitable purposes.  This national property is permanently bound and non-transferable.

  In the case of M Kazim v. A. Asghar Ali,[1] it has been observed that legally waqf means to create certain properties for the fulfilment of certain religious purposes or religious purposes. Many well-known Muslim jurists have defined waqf in their way.  According to Abu Hanifa, “Waqf is the seizure of a certain thing which is owned by the waqif or official and  Uses to compromise objects for the sake of gain or charity, the poor, or other good things.

  “As defined by Abu Yusuf, waqf has three main components.  They are

  1. ownership of God

  2.Abolition of founder’s rights

  3.  Benefit to mankind

 Definition under the Muslim Waqf Validating  Act, 1913 – Section 2 of the Act defines waqf as “the permanent dedication by a person who believes in the Muslim faith for any purpose recognized by Muslim law as religious, pious or charitable.”[2]

  The Waqf Act, 1954 defines waqf as, “The waqfman makes a permanent offering of any immovable or movable property by a person who believes in Islam for any purpose recognized by Muslim law as religious, pious or charitable.”

  Waqfs can be in writing or made by oral presentation.  In the case of a verbal agreement, the presence of words emphasizing the parties ’intentions is a prerequisite.

wakf created in 4 way. 

A law is inter-based – it means ‘in a living voice’, that is, for a lifetime.  Under this method, a waqf is formed during the lifetime of the waqf and is effective from that time.

  Willingness – This is a law that contradicts the waqf made by Intervios, which means that it will affect the waqf’s death.

  Time of death or illness (marz-ul-moot) – Because the gift is given when the donor is on the death bed, it will be managed up to one-third of the property without the prior permission of the heirs.

  By Memorable User – Waqf property is established by a historical user.  However, there is a time limit for making waqf.

Under Muslim law, waqfs are classified into two categories:

  Public Waqf – A public waqf is for general, religious or charitable work.

  Personal Waqf – This is for the settlement family and descendants and technically it is called Waqf-Ullal-Awlad.  But it is also a way of family settlement.

  Necessary matters of waqf:

  The requirements for a valid waqf by the Hanafi school (Sunni law) 

  Permanent Dedication of Any Property – The pledge of property for waqf must be lifelong.  Moreover, the waqif sacrifices property as religious, charitable or pious for self-recognized reasons.  If the waqf made by the waqf is for a limited period, then such waqf is not valid and also does not have to be attached to any condition or emergency;  Otherwise, it will be cancelled or become invalid.  Furthermore, on the Karnataka board of Waqfs v. Mohammad Najwar Ahmed [8], the house was dedicated by a Muslim to travellers regardless of their religion and location.  The court said it was not a waqf under Muslim law, a waqf must have religious and pious reasons and it would only be for the benefit of the Muslim community.  If it is secular, then charitable work should only be for the poor.

  Waqf Competition – The sacrificer (wakfif) should be a believer as a Muslim believer and as distinct as the mind and should not be immature or insane.

  For any purpose recognized by Muslim law – it can also be called the object of waqf.  Thus, the third requirement of a valid waqf is that the offering should be for any purpose recognized as religious, pious or charitable under Muslim law.

  ‘Shariah-ul-Islam’ presents the requirements of five types of conditions in the content of waqf:

  According to Sunni law, it must be permanent or permanent.

 It must always be absolute and unconditional.

  Possession or ownership must be paid for the allotted thing (from Sunni law where the only declaration is sufficient) unlike

  It must be taken out of the waqf.  This implies that the waqf should not be transferred to any rights or interests or dedicated property.

  Absoluteness – The contract of waqf property is fixed or absolute.  Conditional or emergency waqf cancelled or invalid 

  Components of waqf-

  1 Ow ownership of God

  2.Abolition of founder’s rights

3.  Benefit to mankind

  End of waqf:

  The two angles of completion of waqf are-

a)  where another one is appointed because of the first mutawalli.

  2.  Where the founder forms himself as the primary mutawalli, e.g., the director or superintendent.

Conclusion:

Waqf is a form of property or property for religious or charitable work established forever.  It also supports the law which is binding as well as applicable in nature.  If a person feels that his or her rights have been violated or taken away, that person may, if he or she so desires, seek redress in a civil court.  The powers, ideas and duties of the mutawalli under the waqf are quite significant.  Such powers may be exercised only if there is a clear vacancy in the post of Mutawalli or in case of any dispute over the merits or qualifications of the existing Mutawalli.

 By Moumita Muhuri

3rd year Shyambazar Law College.


[1] Actions that can be taken for/against a Waqf property in India-http://lawtimesjournal.in/actions-that-can-be-taken-for-against-a-waqf-property-in-india/.

[2] Mussalman Wakf Validating Act, 1913-http://www.bareactslive.com/ACA/ACT774.HTM.

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