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    Completion of Waqf

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    faheem_khalid4693
    Waqf is a permanent dedication of property under Islamic law for religious or charitable purposes. A waqf is completed differently under Sunni and Shia law - under Sunni law it is completed upon declaration, while under Shia law possession must be delivered. A mutawalli (manager) can be appointed by the waqif (creator), executor, other mutawalli, or court order to manage the waqf property. The waqif must be Muslim and of sound mind, and can appoint themselves or others such as females or non-Muslims as the mutawalli.

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    Completion of Waqf

    Uploaded by

    faheem_khalid4693
    338 views4 pages
    Waqf is a permanent dedication of property under Islamic law for religious or charitable purposes. A waqf is completed differently under Sunni and Shia law - under Sunni law it is completed upon declaration, while under Shia law possession must be delivered. A mutawalli (manager) can be appointed by the waqif (creator), executor, other mutawalli, or court order to manage the waqf property. The waqif must be Muslim and of sound mind, and can appoint themselves or others such as females or non-Muslims as the mutawalli.

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    Completion of Waqf

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    Waqf is a permanent dedication of property under Islamic law for religious or charitable purposes. A waqf is completed differently under Sunni and Shia law - under Sunni law it is completed upon declaration, while under Shia law possession must be delivered. A mutawalli (manager) can be appointed by the waqif (creator), executor, other mutawalli, or court order to manage the waqf property. The waqif must be Muslim and of sound mind, and can appoint themselves or others such as females or non-Muslims as the mutawalli.

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
    338 views4 pages

    Completion of Waqf

    Uploaded by

    faheem_khalid4693
    Waqf is a permanent dedication of property under Islamic law for religious or charitable purposes. A waqf is completed differently under Sunni and Shia law - under Sunni law it is completed upon declaration, while under Shia law possession must be delivered. A mutawalli (manager) can be appointed by the waqif (creator), executor, other mutawalli, or court order to manage the waqf property. The waqif must be Muslim and of sound mind, and can appoint themselves or others such as females or non-Muslims as the mutawalli.

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
    of 4

    Completion Of Waqf

    Q. What is waqf? how is waqf completed? who can be appointend as


    Mutawalli. (1999)
    Q. Define waqf? how is a waqf completed discuss. (!!1)(!!")
    Q. What is #waqf# is completed. who can be appointed as a Mutawalli.
    (!!$%&)
    1. 'nt(oduction)
    Waqf is an important social institution of Islam. it is a permanent dedication by a Muslim
    of some specific property for religious and pious purpose. every Muslim of sound mind
    may dedicate his property by way of waqf. it may be made verbally or in writing.
    . Meanin*)
    Literal means tying up or detention.
    ". Definition)
    Waqf act 19+,
    "According to Sec. !i" waqf means the permanent dedication by a person professing
    Islam of any moveable and immovable property for any purpose recogni#ed by the
    Muslim law as pious$ religious or charitable."
    -bu .anifa
    %Waqf is the detention of a specific thing in the ownership of the waqf or appropriator$
    and the devoting or appropritator%s of its profits or usufruct in charity on the poor or other
    good ob&ects."
    ,. Capacit/ to ma0e waqf)
    'he person who creates waqf is called waqif. it should have the following qualification.
    !i" Waqif must profess Islam.
    !ii" Waqif may be a male or female.
    !iii" Waqif must be sound mind.
    !iv" Waqif must be the owner of the property.
    !v" Waqfi must be of age of the ma&ority.
    +. C(eation of waqf)
    A waqf may be created in the following ways(
    !i" )y a dedication in which case the waqf comes into e*istence as soon as it is
    completely made.
    !ii" )y means of a will.
    !iii" +uring illness.
    !iv" Waqf by user.
    $. Completion of waqf)
    1nde( &unni law)
    A waqf is completed by mere declaration of endowment by the owner.
    1nde( &hia law)
    A waqf is not completed unless possession of the waqf property is given to either
    mutawalli or the first beneficiary.
    2. 'n whose fa3ou( can waqf be made)
    ,ollowing are the person in whose favour property of waqf can be made.
    !i" 'he waqif himself.
    !ii" 'he desenendants of waqif.
    !iii" 'he family of waqif.
    !iv" -ublic
    4. Mutawalli)
    Mutawalli is the superintendent or Manager of the waqf property.
    Case law
    .anib )egum /%S A0bar 1an 2345 S6M7 253
    It was held that waqf is not completed unless besides a declaration of waqf a Mutawalli
    is appointed by the owner and possession of endowed property is delivered to him.
    '. -ppointment)
    Mutawalli may be appointed by the following.
    !b" )y the waqif.
    !b" )y the e*ecutor.
    !c" )y the mutwalli.
    !d" )y the order of the court.
    ''. Qualification of mutwalli)
    8ualification of mutwalli is as under.
    !i" Muhammeden or non9Muhammeden should.
    !ii" Sound mind.
    !iii" Should be of the age of ma&ority.
    9. Waqif as mutawalli)
    A waqif may constitute himself the first mutawalli. the transfer of possession in such case
    is not necessary to be transferred.
    Case law
    .han Muhammad /:S Luqman 233 6L6 2;;<
    It was held that no writing is required to ma0e a will valid$ and no particular form even of
    verbal declaration as long as intention of the testator is sufficiently ascertained.
    1!. Who can be appointed mutawalli)
    ,ollowing can be appointed mustawalli.
    !i" 'he waqif himself.
    !ii" ,emale.
    !iii" =on9Muslim.
    !iv" Sunni in a Shia waqf and Shia in Sunni waqf.
    11. 5emo3al of mutwali)
    Mutawali can be removed by the curt from his office on the following grounds.
    !i" 6orruption.
    !ii" Mental disorder.
    1. Waqf 3olid fo( unce(taint/)
    'he ob&ect of waqf must be certain. if there is element of uncertainty in the ob&ect of
    waqf. it will be void.
    Case law
    >hulam Shabbir /:S Mst =ur )egum -. L. +. 23?? S ?;
    It was held that when charitable intention was clearly e*pressed in the instrument of
    waqf mere vagueness or waqf mere vagueness or uncertainty in the instrument can not
    lead to failure of waqf.
    1". Conclusion)
    'o 6onclude I can say that$ every Muslim of sound mind can dedicate his property by
    way of waqf. under Sunni law a waqf is completed by mere declaration of endowment by
    the owner but under Shia law possession must be delivered.

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