MAHYUDDIN KHALID

emkay@salam.uitm.edu.my

CONTENT
DEFINITION

EVIDENCES

PILLARS

CONDITIONS

DEFINITION EVIDENCES PILLARS OF WAQF CONDITIONS OF WAQF TYPES OF WAQF CHARACTERISTICS OF WAQF

TYPES

CHARACTER

DEFINITION
DEFINITION

Literally:
To stop, to hold, to restrain , to detain, to prevent or preventing from disposition

EVIDENCES

Technically:
Irrevocable dedication of a portion of ones wealth for the purpose of expending its usufructs to legitimate causes or charitable and righteous ends with the overriding objective of getting closer to Allah.

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CONCEPT OF WAQF
DEFINITION

EVIDENCES

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Waqaf institution was most central in financing socioreligious and public welfare systems during the early days of Islam. Waqf (Islamic endowment) played considerable part in socio-educational, cultural and life-saving aspects of the Muslims. Majority of the jurists regard waqf a recommended benevolent act(tabarru` mundub) as its based on the reason on contributing to righteous philanthropic causes(jihat al-birr/wujuh al-khayr) which is recommended by textual sources, namely the Qur`an and Sunnah. The Hanafi jurist, however disagreed by saying that waqf in terms of legal value is merely a permissible venture (mubah) mainly because it can also be made by non-Muslims.

EVIDENCE
DEFINITION

Al-Quran

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EVIDENCE
DEFINITION

Hadith:
Reported by Muslim from Abu Hurairah r.a that Prophet (P.B.U.H) said; when a son of Adam dies, so does their deeds except for three things: alms giving, or benefited knowledge, or pious son who pray for them Companion of the Prophet in the name of Mukhairiq made his will that his seven orchards in Madinah be given after his death to Muhammad. When he died, the Prophet took hold of the orchards and made them a charitable waqf for the benefit of the poor and needy.

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PILLARS OF WAQF
DEFINITION

al-Waqif
Waqf giver

EVIDENCES

al-Mawquf
Waqf property

PILLARS

al-Mawquf alaih
Waqf recipient

CONDITIONS

Sighah
Offer Acceptance of Waqf

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CHARACTER

CONDITIONS OF WAQF
DEFINITION

Conditions of Property
Wealth to be declared must be physically tangible items such as a house or plot of land. Wealth to be declared must be physically tangible items such as a house or plot of land. Donor must legally own the declared wealth or property and it must be able to benefits the community and transferable. Property must have permanent usability. Use of the property must be governed by Islamic law.

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CONDITIONS OF WAQF
DEFINITION

Conditions For Contracting Parties

The waqif should be legally fit and capable to give waqf. A child, an insane or a person who does not own the property cannot make waqf. The beneficiaries (al-mawquf alaih) must be alive. Waqf for the deceased is not permissible.

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CONDITIONS OF WAQF
DEFINITION

Conditions for Sighah

Aqad is understandable words or writings for any purpose of waqf whether general waqf or specific waqf. It is compulsory to validate the waqf. Aqad statement is of two types:
Explicit statement (lafz sarih): A clear statement that entails one exact meaning only like I give my house to be waqf for the poor people. Implicit statement (lafz kinayah): A statement that have more than one meanings like My property is a charity (sadaqah) to the poor people.

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CONDITIONS OF WAQF
DEFINITION

General Conditions:
The purpose of waqf must be legitimate It must be an act of charity from the points of view of Shariah. Hence waqf for the wealthy alone is not permissible because it is not a form of charity.

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TYPE OF WAQF
DEFINITION Waqf

EVIDENCES

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Waqf Dini (Religious Waqf)

Waqf Khairi (Philanthropic Waqf)

Waqf Zurri (Posterity/Family Waqf)

CONDITIONS

TYPES Mosques and real estates confined for providing revenues to spend on mosques' maintenance and running expenses

CHARACTER

A dedication in perpetuity of the capital and income of an asset, recognized by Islamic law, for philanthropic causes even if it subsequently is dedicated to specific people

Dedicating one`s asset as approve by Shariah in favor of ones own and ones children and subsequently dedicating it to philanthropic causes

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CHARACTERISTICS OF WAQF
DEFINITION

Perpetuity of its dedication

The implication is that once a property, often a real estate, is dedicated as waqf it remains waqf forever. Such a waqf property requires lengthy process to be exchanged against another property of equivalent value with the approval of the local authority. It follows that such an exchanged asset must immediately become waqf for the same purpose and beneficiaries of the former one.

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The inviolability of the founder`s stipulation

Accordingly, as a matter of principle the revenues of waqf should exclusively be used for the objective stipulated by its founder thus the managing authority has no any jurisdiction to sway from these objectives so long as they are compatible with Shariah. However, this will be waived if such purposes become infeasible, in which case the revenue of this waqf should be spent on closest purpose available and if not it should be spent in favor of the poor and needy

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WISDOMS OF WAQF
DEFINITION

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To express ones submission and piety to Allah SWT. To get close to Allah SWT. To get a continuous charity in this and afterlife. Sharing benefits with Muslim community like building mosques and schools To strengthen the unity of ummah.

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DEFINITION

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