Prophet Muhammad (peace be upon him) laid a great stress on the Waqf in favour of orphans. He said: “Whoever treats an orphan girl or boy well, I will be with him on the Day of Resurrection like these”, and he pointed to his two fingers, the index finger and the middle finger stuck together.

Evidence for Waqf’s legitimacy can be deduced from the Quranic verse in Surah A’l Imran which reads: “You shall not receive goodliness unless you spend out of that which is dear to you”; which the venerable companion Abu Talha interpreted accordingly and hence endowed his exquisite garden Birhaa as Waqf, which action was approved by the Messenger (Peace be upon him). The first Waqf in Islam was that of Umar ibn Al-Khattab – May Allah be pleased with him- Ibn Khuzaimah writes in his book, chapter titled the first endowment in Islam, the asset of Ibn Umar.In sunnah, the Hadith narrated by ibn Umar: In the lifetime of Allah’s Messenger (pbuh), “Umar gave a charity some of his property, a garden of date palms called thamgh. “Umar said, “O Allah’s Messenger! I have some property which I prize highly and I want to give it in charity.”
The Prophet (pbuh) said, “Give it in charity (i.e. as an endowment) with its land and trees on the condition that the land and trees will neither be sold nor given as a present, not bequeathed, but the fruits are to be spent in charity.”

It signifies that the source of income becomes bequeathed and neither its owner, nor his heirs nor anybody else is allowed to use it, except the people for whom it was bequeathed such as the poor, the sick, orphans, holy fighters, knowledge seekers, passers-by, and widows. Thus, “bequest” results in terminating the owner's right- right to own and the right to dispose. Dedication ensures offering the progeny –yield- of this property in the cause of ALLAH to those for whom it has been bequeathed by the waqif.

There are two basic types of waqf. Waqf Khairee (general Waqf) is generally for the welfare of the poor, the needy, public utilities such as schools, colleges, hospitals, clinics, old people’s houses and orphanages, etc. The first religious waqf is the mosque of Quba' in Madinah which was built upon the arrival of the Prophet Muhammad in 622. Philanthropic waqf aims at supporting the poor in the society.

Waqf Khas or Waqf Ahlee (private Waqf) is initially endowed upon oneself, children, relatives, and later revolves for the benefit of broader welfare purposes. The first waqf khas was established after the death of the prophet during the reign of Umar, the second successor.

The Waqf is a cardinal Islamic institution that has influenced Islamic and world economic development and socio-economic or political history. The Waqf's significance arises out of its centrality to the Islamic principle of charity (zakat). The Qur’an contains no specific reference to the endowment (waqf) and its legal parameters have been developed through centuries by jurists. The waqf was a key public institution within Islam and the cities under Ottoman rule, and is still popular today. Waqf creates habit among people to exercise their duties. Quran says, "The (true) believers are those only who believe in ALLAH and His Messenger and afterward doubt not, but strive with their wealth and their lives for the cause of ALLAH."

Waqf inculcates among Muslims to think and make plans for the future. Waqf endowment is considered as a process of anticipating and managing the future: a hereafter future for the person making the Waqf endowment, and a worldly future for the person benefiting from it. It is a source for the purification of the soul "Of their wealth take alms to purify and sanctify them." It also insures basic needs for society and its needy classes in a lasting, guaranteed way. 

There are four canons of Waqf. The endower, the target beneficiary (person or purpose), the endowed assets (property or fund) and the legal form or terms in which the Waqf contract is written or expressed. 

The institution of Waqf has played a positive role in social, economic and moral development of Muslim societies over time. The administrative diversities and different uses of their revenues provide an element of flexibility in introducing needed reform in our time. This institution which reconfirms the role of “Ijtihad”, is capable of dealing with modern problem of public finance. If properly organized and supervised, it can provide a sustained source of transfer payments for eradicating sufferings of the poor like the relief or eradication of poverty; the advancement of education; the promotion of art, science and religion; the protection of the environment; the advancement of human rights and fundamental freedom; or any other purposes which are beneficial to the community.

 

BACK     INDIAN WAQF LAW