Q. Define Waqf and discuss its essential. what are the valid objects of a Waqf. (1998)
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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.
Literal means tying up or detention.
Waqf act 1954
"According to Sec. 3(i) waqf means the permanent dedication by a person professing Islam of any moveable and immovable property for any purpose recognized by the Muslim law as pious, religious or charitable."
'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 objects."
4. Kinds of waqf:
(a) Private waqf:
It is waqf which is made for private individual.
(b) Public waqf:
It is dedicated to the public at large. it is made purely for some religious or pious purpose.
(c) Quasi waqf:
It is partly public and partly private.
5. Requisites of a valid waqf:
Following are the requisites of a valid waqf
The dedication must be permanent. a waqf which is made for a limited period is not valid.
Once a valid waqf is made, it cannot be revoked.
If there is a condition for making waqf it will be invalid. the waqf should be unconditional.
Waqf should be inalienable.
Waqf property should be certain. if the object are uncertain the waqf will be void.
A waqfnama by which immoveable property of the value of Rs. 100/= or above requres to be registered under the registration act.
6. Primary rules relating to waqf:
Following are the primary rules relating to waqf.
(i) The subject of the waqf should be dedicated perpetuity.
(ii) All human rights should be diversted there from.
(iii) It should be made non heritable and inalienable.
7. Form of Waqf:
Following may be the form of waqf:
8. Contingent Waqf:
There should be no element of contingency in waqf. it is essential to the validity of a waqf that the appropriation should not be made to depend on contingency.
9. Subject of waqf:
Any immovable or moveable, dividable or individable property having certainty of which the waqf is the owner may be the subject matter of the waqf. a Musha may be the subject of waqf, except waqf for mosque.
10. Valid object of 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.
(vii) Hospitals and dispensaries.
(viii) Construction of free boarding house.
(x) Reading of Holy Quran in public.
(xi) For making and keeping of Tazias.
(xii) Celebrating the birth the Hazrat Ali Murtaza.
(i) The subject of waqf must belong to waqf.
(ii) The objects of a waqf must be indicated with certainty.
(iii) Declaration must be permanent.
(iv) Delivery of possession must be there.
12. Revocations of waqf:
In case of testamentary waqf:
A testamentary waqf time of creating a non-testamentary waqf, the waqif reserves to himself the power of revoking the waqf, the waqf will be invalid.
In case of non-testamentary waqf:
Where at the time of creating a non-testamentary waqf, the waqif reserved to himself the power of revoking the waqf, the waqf will be invalid.
13. Waqf during marzul-maut:
A waqf made by will or during marzul maut can not operate upon more than one third of the net assets without the consent of heirs.
To conclude I can say that the creation of waqf represents dedication of some property, according to Muslim legal principles meant it in the a way of God. the declaration must be premanent mature. the objects of waqf must be definite.
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