Waqf Definition:
Linguistic meaning of Waqf :
Waqf is withholding one's property to eternally spend its revenue on fulfilling certain needs depending on the choice and conditions made by the 'waqef' or the person who owns the property. It is said: I endowed something i.e. withheld it, gave it as a charity or donated it eternally for Allah. The plural is Waqfs.
In Shariaa :
Waqf is blocking a property and spending its revenue in a certain area for the cause of Allah. The property means what can be benefited from while maintaining the asset.
Waqf Origin :
The first Waqf in Islam is that of Omar Ibn Al Khattab. Ibn Khozaima included in his book: (Chapter on the first Sadaqa blocked in Islam) where he mentioned the story of Ibn Omar in comment.
There are many texts in the Holy Quran and the Hadith sayings that advocate religious bequest, advise making it or explain its canons.
As for the Holy Quran, there are general texts that comprise all kinds of charity and beneficence, including Waqf endowment and other deeds, as stated in Allah Almighty’s verse: "Ye will not attain unto piety until ye spend of that which ye love”
Hadith Sayings :
1- According to Abdullah Ibn Omar May Allah be well-pleased with both of them, Omar obtained a land lot in Khaibar; he came to the Prophet PBUH asking him for advice. He said: "Ye Apostle of Almighty, I obtained a land in Khaibar. I never obtained a property more precious to me than this. What do you advise me? He said: "If you want, you can bequeath it, and give it as a charity; provided that it should not be sold, bought, given as gift or inherited." He said, “then Omar gave it as charity for the poor, relatives, slaves, wayfarers, and guests. There is no harm for the person responsible for it to feed himself or a friend from it but for free.”
Prophet (PBUH) said in his well known Hadith, "When a human being dies, his work for God comes to an end except for three: a lasting charity, knowledge that benefits others, and a good child who calls on God for his favour."
Consensus of Religious scholars :
Shoukani said : "We don not know of a difference of opinion among Imams (scholars) on withholding bridges and mosques, but they differed in other items. According to Anas Ibn Malik said Prophet Mohammed (PBUH) said: “Seven cases the person will benefit from after his death in his grave: knowledge he gave, a river he dug, a well he dug, a palm he cultivated, a mosque he built, a Quran book he left as inheritance, or a child he left who calls on God for his favour after his death.
Waqf History:
Waqf in the Past & Present
Waqf was realized by old nations when real estates were endowed to be worship places ever since man knew worship. Waqf was not confined to worship place as one of Nubian ruler (Benout), during the reign of Ramsis IV, blocked a piece of land he owned to use its revenues to buy an ox to be slaughtered every year.
Monuments indicated that ancient Greeks knew Waqf when a piece of land was endowed for holding religious ceremonies in some cities. At Roman times, at during the republican era, their regime upgraded after the emergence of Christianity. The government appointed a public servant for Waqf to ensure the implementation of donors' terms.
In the pre-Islamic period, Arabs had worship houses and temple annexes where presents, votive offerings and Waqf crops were stored. As for breed Waqf, it was known in ancient Egypt where properties were withheld to spend on a certain family, their children and ancestors without having the right to sell them. The Romans also knew breed Waqf so did Europe for generations where certain amount of money of the nobles was withhold for the elder son to cover costs necessary for titles that were inherited. Then the French campaign put an end to that system.
Waqf Promulgation:
Promulgating Waqf Sunnah has a great impact: providing a permanent financing source for fulfilling certain interests and public benefits in which the rich can contribute.
Waqf is the main reason behind establishment and maintenance of mosques, schools and other charitable areas. Throughout history, mosques were established by Waqf. Even mosques furniture, cleaning and salaries of those in charge of the mosques are supported by Waqf.
Waqf Types:
Waqf is divided according to the area it was donated to. There are two types:
• Charity Waqf: It is blocked for a charitable entity for a certain period of time. Then, the Waqf is converted to a certain person or persons, such as endowment of a piece of land for a hospital or school to be handed back later to the person and his children. |
• Family or breed Waqf: It is blocked for himself or a certain person and then transferred to a charitable body. |
Waqf Pillars & Terms
(1) Waqef (Donor)
The donor is the person who withholds (blocks) the property, provided that the Waqf is disposable, that is to say the person should be competent to practice tasks depending on man’s sanity. Terms of Waqf are as follows:
a. Sanity: Waqf can not be granted by an insane, idiot, sleeping or unconscious person. |
b. Adult: An enfant cannot grant Waqf. |
c. Maturity: The person should not be under guardianship for foolishness. Some Islamic scholars allowed that person to give Waqf in one case that is to withhold something on himself or on another charitable area which would maintain his interests. |
d. Choice: The person should not be forced to bequest Wqaf. |
e. Freedom: A slave should not bequest Waqf without his master’s permission. |
Waqf on Non-Muslims:
Waqf may be granted for non-Muslims that are not in war status with Muslims as they are entitled to Sadaqa (alms).
(2) Waqf Property:
The blocked Property shall meet the following terms:
a. Evaluated money, such as real estate, animal, arms, books, Ouran and other properties. Jewelry may be endowed for wearing or lending as they are properties similar to real estates. |
b. Defined: either by marking a piece of land (a thousand square metres) or setting a percentage of a certain piece of land, such as a half of that land as Waqf cannot be unknown. |
c. Total ownership: there is no choice in Waqf as it assigns ownership. That is why the endowed property should be totally owned by the donor. |
d. The donated property should not be assigned to others; such as mortgage, debt guarantee or related to any other right to others. |
e. Utilizable: the property can be utilized for Waqf purposes. |
(3) Waqf Beneficiary:
That is the entity which makes use of blocked property. This entity may be assigned or not.
The assigned may be one or two or more. The unassigned can be an entity, such as the poor, Mujahedeen (warriors), mosques, Kaaba, schools, boarder guarding, preparing the dead for burial and Quran.
The beneficiary party should meet two conditions:
First: To be competent for ownership whether being assigned or unassigned.
Second: The beneficiary should be charitable field or good deed not for sinful purposes.
(4) Form:
The wording and meaning of Waqf which is done in two ways:
First: The Waqf announcement, such as someone saying: (I hereby endowed this place or devoted it to be a mosque).
Second: An action to denote a Waqf as known to people, such as making one's house a mosque and permitting people to perform their prayers in it, or assigning a piece of land to be graveyards and allowing people to bury their dead in it.
There are two types of Waqf wording :
First : Clear : such as saying I (endowed, blocked, devoted, named) These are clear words that do not have any other meaning but Waqf. When a person says any of those words the Waqf shall be valid.
Waqf may be sold or replaced if it stopped operation or degraded or if the selling or replacement is better for the interest of Muslims.
The Waqf donor or his trustee should not do anything before consulting the court. A judgment on whether the Waqf benefits are hampered or weakened and deciding the best interest may differ and must be checked out.
The Waqf donor appoints a trustee
If the Waqf donor prerequisites that he or someone else shall appoint the trustee, (if more than one chain of inheritors shall be defined) the will shall be kept. It was narrated that Omar was the trustee of his sadaqa (Waqf) then named his daughter Hafsa as his successor through out her life then the wise of her family.
Conditions related to Waqf trustee:
Trustee of Waqf should meet the following terms:
Islam : Trusteeship is a type of rule which cannot be entrusted to a non-Muslim
Sanity :The trustee should not be insanes
Maturity :The trustee should not an enfant
Good Manners : The trustee should be pious who is honest, avoids major sins and has good manners
Efficiency : The trustee should be able to handle the properties he looks after
Waqf Trustee:
The trustee is required to do the best to preserve the Waqf and maintain its best interest. The trustee’s tasks include the following:
• Maintenance of Waqf: The trustee is responsible for maintaining and safeguarding the property from destruction and damage |
• Meeting Waqf Terms: Those terms shall not to be violated or neglected. |
• Defending Waqf Rights: in court disputes to keep those rights. |
• Payment of Waqf debts: The debts are related to the revenues of Waqf not the assets. Payment of debts has a higher priority than spending on Waqf beneficiaries as delay of payment may result in the confiscation of its revenues. |
• Fulfilling beneficiaries' rights without any delay except for necessities, such as the need for maintenance, repair or payment of debt. |
What the Trustee should not do:
There are some actions that the Trustee shall not do so as not to harm the interests of Waqf, such as:
• Favouritism like renting the property to himself or his son. |
• Borrowing against the Waqf so as to pay the debt from the Waqf revenues except in case of necessities. Such an action may result in the confiscation of the Waqf revenues for the debtors. |
• Mortgage of the Waqf property that may cause the loss of the bestowed property. |
• Lending the Waqf property except for the beneficiaries. |
• Residing in the Waqf property for free. |
Waqf Added after death :
If the Waqf donor says "I hereby bequest this house for Waqf after my death", or "If I die this house will be Waqf", the Waqf will be valid as a will. In this case, it may not exceed one third of one's inheritance. The donor may withdraw this pledge but the Waqf may not be spent on an heir as the terms of Waqf would be valid (it may not be sold, granted or inherited)
Trustee Remuneration
The trustee is paid a salary that the Waqf donor assigned even if it exceeds what is given to similar persons. If the donor did not assigned a salary, the issue would be taken to court for the judge to decide a salary similar to his peers. Also if the donor assigns a lower salary than that given to his peers, the Trustee may refer to the judge to give him a similar salary.
A trustee transfers his duties to another person
If the trustee resigns, he may not transfer his duties to other without referring to the judge who shall appoint another person for that post. If the Waqf donor prerequisites the trusteeship to a certain person granting him the right to delegate such a right to others, it would be valid. The trusteeship will not be withdrawn as per this delegation, but the one he imposes shall be his agent.
Trustee Dismissal
The trustee shall be dismissed if proved to be corrupted or if he loses competence. The judge may oust him even if the Waqf donor prerequisites his trusteeship. The judge, then, may appoint himself or any other person as trustee. The trusteeship shall not be passed to the second person in Waqf donor's list as it is provided that the current trustee shall lose his own trusteeship. If the trustee regains competence he would be reassigned as trustee if the donor had originally assigned him, or else he would not return.
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