Waqf

WAQF
INTRODUCTION
• Waqf literally means to prevent, restraint.

• In legal terms, it means ‘to protect a thing, to prevent it from becoming the property of
a third person’.
• The Arabic word ‘waqf’ implies that the property is subject to a perpetual trust,
irrecoverable or not to dealt with in any manner that conflicts with the purpose to
which it was originally devoted.
• Once a waqf is created, the property will always remain as waqf property and it ceases
to be subject to the right of private property.
• It belongs neither to the endower nor the beneficiaries as the ownership of waqf
property is immediately vested in Allah the Almighty.
TYPES OF WAQF
Waqf Khayri (Public Waqf)
• An endowment made by the founder to support the general good and welfare
of the poor and the needy in society.
• The founders create this type of waqf in immovable form such as building
mosques, schools, orphanages houses, hospitals, or immovable such as books,
weapons, crops, money, etc
Waqf Ahli (Family Waqf)

• The founder endows his property to his children, grandchildren, relatives or to
the person he specifies.
• If the beneficiaries specified by the founder are no longer alive, then only in
this case will the waqf property be given for public welfare purpose.
Waqf Mushtarak (Combined Public and Family Waqf)

CONDITIONS OF WAQF
The Endower (Waqif)
• any person who has attained the age of 18, of sound mind and rashid may
endow his property as a waqf.
• Rashid is defined as a person who is not an idiot, senile, or declared as a
bankrupt under any written law.
• The law also requires that the waqif must be able to dispose of his property at
his own will and pleasure.
The Property Endowed (Mawquf)

• To create a valid waqf, the law requires that the property should be owned by
the waqif. No one is qualifies to make such disposition unless he has an
independent right of disposing of his property.
• Nonetheless, in case of waqf, it is not necessary that there should be full
freedom from the rights of other parties, as for instance, in cases of lease and
pledge. If a person were to give a lease of his land and before the expiry of the
lease period, create a waqf on that land, the waqf would be binding according
to its terms.
CONDITIONS OF WAQF
The Beneficiaries (Mawquf Alayh)
• The categories of beneficiaries differ according to the class of waqf created.
• If the purpose of the waqf is to benefit the public at large, it is knows as public
waqf. If it is created for a specified charitable purpose or to benefit specific
beneficiaries in the waqf, it is called a private waqf.
Offer and Acceptance (Sighah)

• A waqf shall be created by way of sighah before two witnesses according to
Islamic Law.
• Sighah means a declaration of waqf made either orally, in writing together with
a declaration or by gesture. There must be a clear declaration in order to
express the intention to create a waqf though it is not necessary to use the
word waqf.
LEGAL CONSEQUENCES OF WAQF
• The declaration of waqf must be irrecoverable. Once the waqf is validly

declared, it can no longer be revoked.
• It cannot be made to depend upon a condition and the dedication must be in
perpetuity. Hence, no limitation as to the period of waqf can be made.
• As for the trustee (mutawwali) of the waqf property, the Majlis Agama Islam of
each states in Malaysia (Majlis) has been appointed as the sole trustee of all
waqf, whether waqf am of waqf khas.
• Hence, any appointment other than the Majlis as the trustee of the waqf
property will be void.
- Refer case Tan Kim Luan vs Sabariah binti Md Noor (1995)

LEGALITY OF WAQF
• Although there is no explicit injunction pertaining to the creation of waqf in the

Quran, it is undeniable that the Quran has provided implicit principles for the
application of waqf by indicating the practice of making charitable gifts and
benevolent givings, as well as the redistribution of wealth.
• E.g. Surah al Baqarah : 195, Surah al Imran: 92
• Refer case Re Dato Bentara Luar vs Hassan bin Othman

FORMATION OF WAQF
• A written application must be forwarded to the Majlis informing of the waqif’s

intention to create a waqf.
• The waqif will then be required to execute a waqf deed that must be witnessed
by 2 qualified witnesses according to Islamic Law.
• Upon completion of this process, the waqif will transfer the legal title of the
property to the Majlis.
THE ROLE OF WAQF IN THE COMMUNITY
- Refer to Article: The Role of Waqf in Social Development
KnE Social Sciences / International Conference on Economics, Education, Business and
Accounting (3rd ICEEBA) / Pages 348–352

Waqf

Uploaded by

Copyright:

Available Formats

Waqf

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Waqf

Uploaded by

Copyright:

Available Formats

WAQF

• Waqf literally means to prevent, restraint.

Waqf Ahli (Family Waqf)

Waqf Mushtarak (Combined Public and Family Waqf)

The Property Endowed (Mawquf)

Offer and Acceptance (Sighah)

• The declaration of waqf must be irrecoverable. Once the waqf is validly

- Refer case Tan Kim Luan vs Sabariah binti Md Noor (1995)

• Although there is no explicit injunction pertaining to the creation of waqf in the

• Refer case Re Dato Bentara Luar vs Hassan bin Othman

• A written application must be forwarded to the Majlis informing of the waqif’s

You might also like