Family law I ASSIGNMENT

TOPIC: - WAQFS

SUBMITTED BY :- SUBMITTED TO :-

NAME : - AVINASH KUMAR MISHRA Prof. KAHKASHAN DANIYAL

Enrolment No. : - 14-0292

COURSE : - B.A.LL.B (HONS) (2ND YEAR)

SEMESTER : - 4TH

SECTION :- A

1
 ACKNOWLEDGEMENT

I am using this opportunity to express my gratitude to everyone who

supported me throughout the course of this FAMILY LAW I ASSIGNMENT. I
am thankful for their aspiring guidance, invaluably constructive criticism and
friendly advice during the project work. I am sincerely grateful to them for sharing
their truthful and illuminating views on a number of issues related to the project.

I express my warm thanks to my Family law mam Prof. KAHKASHAN

DANIYAL for her lecture on waqf in the class.

I also take this opportunity to thank the staff of JAMIA MILIA ISLAMIA
who supported me very much in making of this project specially the LIBRARY
members who provided me the right book.

Lastly I want to thank my friends and family who are with me and supported
me whenever I needed to complete this project, and without whose help this
assignment might not be so fruitful.

Thank you,

AVINASH KUMAR MISHRA

2
 TABLE OF CONTENTS: -

S. NO TOPIC Pg. No.

1. INTRODUCTION ----------------------------------------------- 4
2. WAQF-------------------------------------------------------------- 4
3. DEFINITION OF WAKF---------------------------------------- 5-6
4. ORIGIN OF WAKF---------------------------------------------- 7
5. CONSTITUTIONAL POSITION OF WAQF---------------- 8
6. ISLAMIC TEXTS ON WAKF --------------------------------- 8
7. KIND OF WAKF------------------------------------------------- 9
8. LEGAL INCIDENTS OF WAQF ----------------------------- 10
9. ESSENTIALS OF WAQF --------------------------------------- 11-12
10. CONTINGENT WAQF AND CONDITIONAL WAQF---- 13
11. MAKER OF WAKF ---------------------------------------------- 13
12. VALID OBJESTS OF WAQF ---------------------------------- 14
13. CY PRES DOCTRINE-------------------------------------------- 14
14. COMPLETION OF WAKF--------------------------------------- 15
15. ADMINISTRATION OF WAQF-------------------------------- 16-18
16. WAQF AND TRUST DISTINGUISHED --------------------- 19
17. CONCLUSION----------------------------------------------------- 20
18. BIBLIOGRAPHY-------------------------------------------------- 21

3
INTRODUCTION:-

WAQF

A waqf, also spelled wakf i.e. mortmain property, is , an inalienable religious

endowment in Islamic law, typically donating a building or plot of land or even
cash for Muslim religious or charitable purposes with no intention of reclaiming
the assets. The donated assets may be held by a charitable trust. The grant is known
as mushrut-ul-khidmat, while a person making such dedication is known as
WAKIF.

The law of wakf is according to Ameer Ali the most important branch of Muslim
law for it is ‘interwoven with the entire religious life and social economy’ of
Muslims. The literature on waqf is vast; there are conflicting decisions; the texts
differ among themselves widely. Moreover in all Muslim countries vast funds,
properties, and agricultural lands are dedicated as waqfs.

The word WAQF literally means ‘detention’ ; but in Islamic law it means

i) state lands which are inalienable, used for charitable purposes; and,

ii) pious endowments. In India generally we are concerned with the second
meaning, and waqf is thus a pious endowment which is inalienable and therefor
supposed to be perpetual although, t in actual practice this quality of perpetuity is
cut down by several limitation.

It is tolerably certain that that prior to islam there were no waqfs in Arabia. The
earliest waqf mentioned by the legal authorities is that of Umar, the second caliph.

In the early days there was much uncertainty about the law. Abu Hanifa held, for
instance,that the founder’s right of ownership continues even after the completion
of waqf, while Imam Shafei and Abu Yusuf maintained the opposite view. It was
only in the second century Hijri that a body of rules based on consensus is to be
found which may be said to constitute the basis of all future law .

4
DEFINITION OF WAKF: -
The word wakf means as we have already seen dention we must now
consider it juristically and for this purpose we shall discuss.

1) Abu Hanifa’s views, historically the earliest;

2) the views of his disciples Abu Yusif and Muhammad;

3) definition in the Shia text Shari-al-islam; and

4) definition in the Waqf act 19131

Imam abu hanifa:- Waqf is the tying up of the substance of a property in the
ownership of the Waqif and the devotion of its usufruct amounting to an ariya or
commodate loan for some charitable purpose. The two element to be noted are that
the right of the owner continues that the usufruct to bef devoted to some charitable
or pious purpose.

According to the two disciples Abu Hanifa WAQF is the tying up of the substance
of a thing under the rule of the property of the almighty GOD so that the
proprietary right of the Waqif becomes extinguished and is ttransferred to almighty
God for any purpose by which its PROFET may be applied to the benefit of his
creatures. This is an imported definition and as it was later substantially accepted
by hanafi jurist it must be carefully analysed. The three elements are: i) Ownership
of God, whence perpetuity and irrecability; ii) extinction of the founder’s right;iii)
benefit to mankind.

The difference between the Imam and his two disciples is extremely important for
other purpose as well and in this case the view of the disciples prevailed in the
succeeding centuries.

The sharia-al-islam defines waqf as ‘a contract the fruit or effect of which is to tie
up the original of a theme and to leave its usufruct free.’ The chief points in this
definition are i) immobalisation of the crops ,ii) use of the income or profits for
certain purpose. The definition does not state clearly to whom the crops belong.
1
A.A.A.Fazee,Outlines of Mahomedan Law 227(Oxford University Press New Delhi, 5th edition,2009)

5
The da’aim says that Ali made an endowment of landed property in Madinah;
Imam Hasan and after him Imam Husiyan were t be the mutawallis and both of
them were giventhe right to mention themselves from the income of the Waqf.

Under the Waqf act,1913 the Waqf means the ‘permanet dedication by a person
professing the Muslam faith of any property for any purpose recognized by
mussulman law as religious, pious or charitable.’ The privy council has held that
this definition is for the purposes of the act and not necessarily exhaustive.

Hence it is necessary to consider briefly the three dominant characteristics of a

Waqf. In the first instance the motive must be religious; a merely secular motive
would render the dedication a gift or a trust but not a Waqf. Secondly, it is a
perpmanent endowment; a pious gift which is not a permanent foundation may be a
sadaqa but cannot in law be termed a waqf. And lastly the usufruct is to be utilized
for the good of mankind.

In India, the the view of Abu Yusuf is accepted. In some of the cases like
kassimiah charities v. secy.,Madras state waqf2 board and Moti Shah v. Abdul
Ghaffar Khan,3 it has been held that waqf means detention of the corpus in the
ownership of god in such a manner that its profits may be applied for the benefit of
his servants. The objects of dedication must be religious or charitable.

Delivering the judgement of the Privy council in the famous case of Vidya Varuthi
v. Balusami Ayyer,4 Mr. Justice Ameer Ali said:

“(Muslim law relating to waqfs) owes its origin to a rule laid down by the Prophet
of Islam; and means ‘the tying up of property in the ownership of God the almighty
and the devotion of the profits for the benefit of human beings’. When once it is
declsred that a particular property is waqf ,or any such expression is usued as
implies waqf, or the tenore of the document shows, as in Jeevan doss Sahu v. Shah
Kubeeruddin,5 that a dedication to pious or charitable purposes is meant , the right
of the wakif is extinguished and the ownership is transferred to the almighty. The
doner may name any meritorious object as the recipient of the benefit.”

2
AIR 1964 Mad 18.
3
AIR 1956 Nag 38
4
(1921) 48 IA 302
5
(18400 2 Mia 390.

6
ORIGIN OF WAKF: -

The institution of waqf has developed with Islam. There were no waqfs or any
such parallel institutions in Arabia before the advent of Islam . Credit must be
given to the Muslim jurists for having developed the legal theory of waqf6.

There is no mention of waqf in Quran. However ,such cronic injunctions which

deal with charity at the root of development and extention of waqfs. Two of such
cronic verses are:

“and in there wealth the biger and outcast had due share” (Koran, 26 :19)

“ye shall never attain to goodness till ye give alms of that which ye love, and
whatever ye give, of truth God knoweth”(Koran,3:86).

A tradition on which jurists lay great stress and which may be assumed as the basis
of waqf, is that at the time of poartition of Khyber, Caliph Umer acquired some
lands which were very valuable to him and asked the Prophet whether he should
give them away as Sadaqa. The Propohet replied: “retain the thin itself and devote
its fruits (usufruct) to pious purposes” (Habis asle wa sabbil samara). Omar did
this with the provision that the land should neither be sold nor bequeathed. He
reserved it for the poor, needy relatives,slave, wonderers, guests, and for the
propoegation of the faith (fi sabbil allah).7

6
L.M.E. at p. 205.
7
Heffening in ency .of Islam, vol ii at p.1097.

7
CONSTITUTIONAL POSITION OF WAQF8 :-

The subject WAQF is relatable to entries no. 10 ‘The Trust and Trustees’ and No.
28 ‘Charities and charitable institution, charitable endowements and religious
institutions’ in the Concurrent list attached to the 7th schedule to the Constitution
of India. Supervision over the administration of waqf is the responsibility of both
Central and State Governments.

Article 26 of the Contitution of India gives freedom to every religious

denomination to establish and maintain its religious and charitable institutions
subject to public order , morality , and health.

ISLAMIC TEXTS ON WAKF : -

There is no direct injunction of the Quran regarding Waqf, which is derived

from a number of hadiths (traditions of Muhammad). One says, "Ibn Umar
reported, Umar Ibn Al-Khattab got land in Khaybar, so he came to the prophet
Muhammad and asked him to advise him about it. The Prophet said, 'If you like,
make the property inalienable and give the profit from it to charity. It goes on to
say that Umar gave it away as alms, that the land itself would not be sold, inherited
or donated. He gave it away for the poor, the relatives, the slaves, the jihad, the
travelers and the guests. And it will not be held against him who administers it if
he consumes some of its yield in an appropriate manner or feeds a friend who does
not enrich himself by means of it.

In another hadith, Muhammad said, "When a man dies, only three deeds will
survive him: continuing alms, profitable knowledge and a child praying for him.

8
Syed Khalid Rashid, Muslim Law,224, (Eastern Book Co. Lucknow, 5th edition,2009)

8
KINDS OF WAKF9 : -
Three fold classification – Public, quasi public and private.

i) PUBLIC WAQF :- Those which dedicated to the puplic at large having no

restriction of any kind regarding its use: for eg., bridges, wells , roads, etc.

ii)QUASI PUBLIC WAQFS :-Those which are partly public and partly to provide
for the bebefit of a particular indivisual or class of individual ehich may be the
settlor’s family.

iii) PRIVATE WAQFS :- Those which are for the benefit of private individuals ,
including the settlor’s family or relations. Such a waqf is termed as waqf-alal-
aulad.

Muslim law gives equal recognition to public and private waqf .

A very clear definition and distinction is given by the SC in the latest judgement
Fuaad Musvee v.M.shuaib Musvee10: ‘in case of public waqf corpus as well as
usufruct vests in God since usufruct becomes immediately applicable to specified
holi purpose. In case of private waqf only corpos of property vets in God
immediately and enjoyment of usufruct (for pious purpose) is postponed till
extinction o fwaqif, his family and descendents. Public waqf is one for religious,
pious and charitable purpose, where as private waqf is one for benefit of settlor’s
family, descendants. A private waqf t bef valid shall reserve ultimate benefit for
purpose recognized by muslim law as religious, pious and charitable. Private waqf
is not invalid, merely because ultimate benefit reserved for religious, pious and
chartable purpose is postponed until extinction of family/decendants of the waqif.

9
Syed Khalid Rashid, Muslim Law,232, (Eastern Book Co. Lucknow, 5th edition,2009)
10
(2008) 4 CTC 59(Mad)

9
LEGAL INCIDENTS OF WAKF : -
There are three legal incidents of waqf: - irrevocability, perpetuity and
inalienability.

i) IRREVOCABILITY : -

In India, a wakf once declared and complete, cannot be revoked. The wakif cannot
get his property back in his name or in any other's name, this was the view of Abu
Yusuf while Abu Hanifa have contrary view.

II) PERPETUITY : -

Perpetuality is an essential element of wakf. Once the property is given to wakf, it

remains for the wakf for ever. Wakf cannot be of a specified time duration. If it is
for limited period, or for a temporary purpose , it is void. The perpetuity of waqf
does not imply perpetuity of its object. Thus if a waqf is created for purposes
which may fail or which are not perpetual, the view of the poor after the named
objest cease.

In Mst Peeran vs Hafiz Mohammad11, it was held by Allahbad HC that the wakf of
a house built on a land leased for a fixed term was invalid.

iii) Inalienabilty : -

Since Wakf property belongs to God, no human being can alienate it for himself or
any other person. Consequently, waqf property can not be the subject of sale,
mortgage, gift,inheritance or any alienation whatsoever. This general rule has two
exceptions: waqf property may be exchanged for an equivalent property, or sold,
subject to compulsory reinvestment of the price in another property.

11
AIR 1966 All 201

10
ESSENTIALS OF A VALID WAKF : -

1. Permanent Dedication of any property - There are actually three aspects in

this requirement. There must be a dedication, the dedication must be permanent,
and the dedication can be of the property. There is no prescribed form of
dedication. It can be written or oral but it must be clear to convey the intention of
dedication. According to Abu Yusuf, whose word is followed in India, mere
declaration of dedication is sufficient for completion of Wakf. Neither delivery of
possession or appointment of Mutawalli is necessary.

The dedication must be permanent . A temporary dedication such as for a period of

10 yrs or until death of someone is invalid.

The subject of Wakf can be any tangible property (mal) which can used without
being consumed. In Abdul Sakur vs Abu Bakkar12 , it was held that there are no
restrictions as long as the property can be used without being consumed and thus, a
valid Wakf can be created not only of immovable property but also of movable
property such as shares of a company or even money. Some subjects that Hanafi
law recognizes are immovable property, accessories to immovable property, or
books.

The subject of the Wakf must be in the ownership of the dedicator, wakif. One
cannot dedicate someone else's property.

2. By a Muslim - A Wakf can only be created by a Muslim. Further, the person

must have attained the age of majority as per Indian Majority Act and should be of
sound mind.

3. For any purpose recognized by Muslim Law - The purpose is also called the
object of Wakf and it can be any purpose recognized as religious, pious, or
charitable, as per Muslim Law. It is not necessary that a person must name a
specific purpose. He can also declare that the property may be used for any welfare
works permitted by Shariat.

12
(1930) 54 Bom.358.

11
 In Zulfiqar Ali vs Nabi Bux13, the settlers of a Wakf provided that the
income of certain shops was to be applied firstly to the upkeep of the mosque and
then the residue, if any, to the remuneration of the mutawalli. It was held to be
valid however, it was also pointed out that if a provision of remuneration was
created before the upkeep of the mosque, it would have been invalid.

The following are some of the objects that have been held valid in several cases -
Mosques and provisions of Imam to conduct worship, celebrating birth of Ali
Murtaza, repairs of Imambaras, maintenance of Khanqahs, burning lamps in
mosques, payment of money to fakirs, grant to an idgah, grant to colleges and
professors to teach in colleges, bridges and caravan sarais.

In Kunhamutty vs Ahman Musaliar14, Madras HC held that if there are no alms,

the performing of ceremonies for the benefit of the departed soul is not a valid
object.

Some other invalid objects are - building or maintaining temple or church,

providing for the rich exclusively, objects which are uncertain.

Shia Law - Besides the above requirements, Shia law imposes some more
requirements for a valid Wakf. There are –

1. Delivery of possession to the first person in whose favour the Wakf has been
created is essential.

2. Dedication must be absolute and unconditional.

3. The property must be completely taken away from the wakif. It means that
the wakif cannot keep or reserve any benefit or interest, or even the
usufructs of the dedicated property.

13
80 I.A. 234
14
A.I.R. (1935) Mad. 29.

12
 CONTINGENT AND CONDITIONAL WAQF

Contingent Wakf : -

A wakf, the creation of which depends on some event happening is called a

contingent wakf and is invalid. For example, if a person creates a wakf saying that
his property should be dedicated to god if he dies childless is an invalid wakf.
Under shia law also, a wakf depending on certain contingencies is invalid.
In Khaliluddin vs Shri Ram 1934, a muslim executed a deed for creating a wakf,
which contained a direction that until payment of specified debt by him, no
proceeding under the wakfnama shall be enforceable. It was held that it does not
impose any condition on the creation of the wakf and so it is valid.

Conditional Wakf : -

If a condition is imposed that when the property dedicated is mismanaged, it

should be divided amongst the heirs of the wakf, or that the wakif has a right to
revoke the wakf in future, such a wakf would be invalid. But a direction to pay
debts, or to pay for improvements, repairs or expansion of the wakf property or
conditions relating to the appointment of Mutawalli would not invalidate the wakf.
In case of a conditional wakf, it depends upon the wakif to revoke the illegal
condition and to make the wakf valid, otherwise it would remain invalid.

MAKER OF WAKF : -
Any Muslims who has attend majority and who is of sound mind can make a waqf.
Ameer Ali points out that according to the classical jurists of Islam even non-
muslims could make waqf and his view has prevailed in Nagpur and Patna where it
has been held that non-muslims can validty make public waqfs ‘ but the law
requires that the objects for which the dedication is made should be lawful
according to the creed of the dedicators as well as the Islamic doctarians.’

Neither a minor nor a guardian on behalf of the minor can make a waqf, and such a
waqf even if perprted to be maid is void. And finally a waqf cannot be made for
and illegal object.

13
VALID OBJESTS OF WAQF : -

The purpose for which a waqf may be created must be one recognized by the
mahomedan law as ‘religious, pious or charitable’(Waqf Act, s.2(1)). A waqf may
also be created in favours of the settlor’s family, children and descendants (Waqf
Act, s.3).

The following are valid objects of a waqf : -

(i) Mosques and for imman to conduct worship therein.

(ii) The distribution of alms to poor.

(iii) Grant to takia.

(iv) Observance of the anniversaries of the waqf and member of his Family
involving as it does the feeding of the poors.

(v) Prayer ground.

(vi) Dargahs.

(vii) Hospitals and dispensaries.

(viii) Construction of free boarding house.

(ix) Eidgah

(x) Reading of Holy Quran in public.

(xi) For making and keeping of Tazias.

(xii) Celebrating the birth the Hazrat Ali Murtaza

CY PRES DOCTRINE : -

If the specified objects of a waqf fail, the waqf will not allowed to fail,but
the income will be applied for the benefit of the poor or to objects as near as
possible , to the objects which failed. It must however be remembered that ‘that is

14
void for uncertainity can not be validated by the application of this doctrine’.15

COMPLETION OF WAKF :-

The formation of a wakf is complete when a mutawalli is first appointed for

the wakf. The mutalwalli can be a third person or the wakif himself. When a third
person is appointed as mutawalli, mere declaration of the appointment and
endowment by the wakif is enough. If the wakif appoints himself as the first
mutawalli, the only requirement is that the transaction should be bona fide. There
is no need for physical possession or transfer of property from his name as
owner to his name as mutawalli.

In both the cases, however, mere intention of setting aside the property for wakf is
not enough. A declaration to that effect is also required.

In Garib Das vs M A Hamid16, it was held that in cases where founder of the wakf
himself is the first mutawalli, it is not necessary that the property should be
transferred from the name of the donor as the owner in his own name as
mutawalli.

Shia law -

1. Delivery of possession to the mutawalli is required for completion when the

first mutawalli is a third person.

2. Even when the owner himself is the first mutawalli, the character of the
ownership must be changed from owner to mutawalli in public register.

15
Saksena,at p. 556S
16
(1970) A SC. 1035

15
ADMINISTRATION OF WAQF: -

When a waqf is validly constituted, there arises the question of its

management and administration for which a mutawali is generally appointed by
the waqif or the Court. And in order to have a check on mutawalis, there exists
certain statutes.

Mutawalli:-
Mutawalli is nothing but the manager of a wakf. He is not the owner or even a
trustee of the property. He is only a superintendent whose job is the see that the
usufructs of the property are being utilized for valid purpose as desired by the
wakif. He has to see that the intended beneficiaries are indeed getting the benefits.
Thus, he only has a limited control over the usufructs.
17
In Ahmad Arif vs Wealth Tax Commissioner held that a mutawalli has no power
to sell, mortgage, or lease wakf property without prior permission of the court or
unless that power is explicitly provided to the mutawalli in wakfnama.

Who can be a mutawalli -

A person who is a major, of sound mind, and who is capable of performing

the functions of the wakf as desired by the wakif can be appointed as a mutawalli.
A male or female of any religion can be appointed. If religious duties are a part of
the wakf, then a female or a non-muslim cannot be appointed.
In Shahar Bano vs Aga Mohammad 1907, Privy council held that there is no legal
restriction on a woman becoming a mutawalli if the duties of the wakf do not
involve religious activities.

Who can appoint a mutawalli –

Generally, the wakif appoints a mutawalli. He can also appoint himself as a

mutawalli. If a wakf is created without appointing a mutawalli, in India, the wakf is
considered valid and the wakif becomes the first mutawalli in Sunni law but
according to Shia law, even though the wakf remains valid, it has to be
administered by the beneficiaries. The wakif also has the power to lay down the

17
AIR 1971, SC 465

16
rules to appoint a mutawalli. The following is the order in which the power to
nominate the mutawalli transfers if the earlier one fails –

1. founder

2. executor of founder

3. mutawalli on his death bed

4. the court, which should follow the guidelines -

1. it should not disregard the directions of the settler but public interest
must be given more importance.

2. preference should be given to the family member of the wakif instead

of utter stranger.

Powers of a mutawalli –

Being the manager of the wakf, he is in charge of the usufructs of the

property. He has the following rights –

1. He has the power to utilize the usufructs as he may deem fit in the best
interest of the purpose of the wakf. He can take all reasonable actions in
good faith to ensure that the intended beneficiaries are benefited by the
wakf. Unlike a trustee, he is not an owner of the property so he cannot sell
the property. However, the wakif may give such rights to the mutawalli by
explicitly mentioning them in wakfnama.

2. He can get a right to sell or borrow money by taking permission from the
court upon appropriate grounds or if there is an urgent necessity.

3. He is competent to file a suit to protect the interests of the wakf.

4. He can lease the property for agricultural purpose for less than three years
and for non-agricultural purpose for less than one year. He can exceed the
term by permission of the court.

5. He is entitled to remuneration as provided by the wakif. If the remuneration

is too small, he can apply to the court to get an increase.

17
Removal of a mutawalli –

Generally, once a mutawalli is duly appointed, he cannot be removed by the

wakif. However, a mutawalli can be removed in the following situations -

1. By court -

1. if he misappropriates wakf property.

2. even after having sufficient funds, does not repair wakf premises and
wakf falls into disrepair.

3. knowingly or intentionally causes damage or loss to wakf property.

In Bibi Sadique Fatima vs Mahmood Hasan18 , SC held that using
wakf money to buy property in wife's name is such breach of trust as
is sufficient ground for removal of mutawalli.

4. he becomes insolvent.

2. By wakf board - Under section 64 of Wakf Act 1995, the Wakf board can
remove mutawalli from his office under the conditions mentioned therein.

3. By the wakif - As per Abu Yusuf, whose view is followed in India, even if
the wakif has not reserved the right to remove the mutawalli in wakf deed,
he can still remove the mutawalli.

18
1978 AIR 1362, 1978 SCR (3) 886

18
WAQF AND TRUST DISTINGUISHED :-

In Vidya Varuthi v. Balusami Ayyar19, the Privy Council has laid down
elaborate tests of distinguishing waqf from trusts . These differences are :-20

Under trust no particular motive is necessary, but Waqf is generally made

with a pious, religious and charitable motive. The founder may him self be a
beneficiary in trust but the Waqif can not reserve any right to benefit for himself,
except to some extent under Hanafi law.

In Trust the property vests in the trustee while in Waqf the property vests in
God. A trustee got a larger opower then the Mutawalli. In contrtast of trust a Waqf
is always perpetual, irrevocable and inalienable. Under Trust it results for the
benefit of the founder when it is incapable of execution and the property has not
been exhausted. However in WAQF the Cy pres doctrine is applied and the
property may be applied to some other pourpose.

19
(1921) 48 IA 302.
20
The difference borrowed from Verma, Mohammadan law (3rd, Edn.)at pp 472-73.

19
CONCLUSION:-

Due to the significant benefits that could be gained from this charitable
donation, the western economics have adapted it in their system and used many
names such as endowment, trust fund and foundation. It is realized that prosperity
is no longer a private, but it can be shared as a public or in a community. Through
waqf, the status of private ownership on an amount of wealth is converted to
become public ownership. The convenience or the benefits of the wealth and is
accessible by everyone and thus, it is said that prosperity can be shared and not a
private ownership anymore. On top of that, waqf generates economy and
development of a country. Since the endowment is a form of asset or fund, it is
beneficial to the nation for a long period of time. Aside of its main benefit, that is
to achieve Allah‟s blessings, it is also a continuous amal that even after the
endower dies, the rewards from the endowment for its service and benefits to the
community will continue. Due to this greatness that one can achieved, every
human is encouraged to waqf as a form of charity to help the society and economy
development, the nation’s growth . A hadith narrated by Muslim, said that “The
Prophet(PBUH) said:“When the son of Adam dies his actions come to an end
except three things, a continuing charity or knowledge which gives benefit or a
pious child who prays for him”.

In short we can say that the wisdom of waqf is :- To express one’s

submission and piety to Allah (SWT), to get close to Allah (SWT) to get a
continuous charity in this and after life. Sharing benefits with Muslim community
like building mosques and schools. And to strengthen the unity of Ummah.

20
BIBLILOGRAPHY
BOOKS REFERRED
1 A.A.A.Fazee,Outlines of Mahomedan Law (Oxford University Press New Delhi,
th
5 edition,2008)

2 Syed Khalid Rashid, Muslim Law, (Eastern Book Co. Lucknow, 5th edition,2009)

WEBSITE : -
2. http://www.wikipedia.org

3. http://www.lawctopus.com

4. http://www.indiankanoon.com

21