Q. Define waqf? how is a waqf completed discuss. (2001)(2003)
Q. What is 'waqf' is completed. who can be appointed as a Mutawalli. (2006/S)
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. Capacity to make waqf:
The 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 majority.
5. Creation of waqf:
A waqf may be created in the following ways:
(i) By a dedication in which case the waqf comes into existence as soon as it is completely made.
(ii) By means of a will.
(iii) During illness.
(iv) Waqf by user.
6. Completion of waqf:
Under Sunni law:
A waqf is completed by mere declaration of endowment by the owner.
Under Shia law:
A waqf is not completed unless possession of the waqf property is given to either mutawalli or the first beneficiary.
7. In whose favour can waqf be made:
Following are the person in whose favour property of waqf can be made.
(i) The waqif himself.
(ii) The desenendants of waqif.
(iii) The family of waqif.
Mutawalli is the superintendent or Manager of the waqf property.
Kanib Begum V'S Akbar Jan 1984 SCMR 149
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.
Mutawalli may be appointed by the following.
(b) By the waqif.
(b) By the executor.
(c) By the mutwalli.
(d) By the order of the court.
II. Qualification of mutwalli:
Qualification of mutwalli is as under.
(i) Muhammeden or non-Muhammeden should.
(ii) Sound mind.
(iii) Should be of the age of majority.
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.
Khan Muhammad V/S Luqman 1993 CLC 1552
It was held that no writing is required to make a will valid, and no particular form even of verbal declaration as long as intention of the testator is sufficiently ascertained.
10. Who can be appointed mutawalli:
Following can be appointed mustawalli.
(i) The waqif himself.
(iv) Sunni in a Shia waqf and Shia in Sunni waqf.
11. Removal of mutwali:
Mutawali can be removed by the curt from his office on the following grounds.
(ii) Mental disorder.
12. Waqf volid for uncertainty:
The object of waqf must be certain. if there is element of uncertainty in the object of waqf. it will be void.
Ghulam Shabbir V/S Mst Nur Begum P. L. D. 1977 S 75
It was held that when charitable intention was clearly expressed in the instrument of waqf mere vagueness or waqf mere vagueness or uncertainty in the instrument can not lead to failure of waqf.
To Conclude 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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