Wakf property meaning. Concept And Essentials of A Valid WAKF 2022-10-27
Wakf property meaning Rating:
6,7/10
417
reviews
Wakf is an Islamic legal term that refers to the perpetual dedication of property for charitable purposes. The word "wakf" literally means "detention" or "confinement," and it refers to the act of holding property in trust for the benefit of others.
In the Islamic legal system, wakf property is considered to be inalienable, meaning that it cannot be sold or transferred to anyone else. Instead, it is intended to be used for charitable purposes such as the support of mosques, schools, hospitals, and other institutions that serve the public good.
One of the key features of wakf property is that it is intended to be self-sustaining. This means that the income generated from the property is used to maintain and improve the property itself, as well as to support the charitable purposes for which it was dedicated. This can include things like the repair and maintenance of buildings, the payment of salaries for staff, and the provision of services to the community.
Wakf property is typically managed by a trust, which is responsible for ensuring that the property is used in accordance with the terms of the wakf. This can include things like setting policies for the use of the property, overseeing the management of the property, and ensuring that the property is used for the benefit of the community.
In many cases, wakf property is also used as a source of financing for charitable projects. For example, the income generated from a wakf property might be used to fund the construction of a new hospital or the expansion of an existing school.
Overall, wakf property plays a vital role in the Islamic legal system, serving as a means of providing for the needs of the community and promoting the public good. It is a testament to the value that Islam places on charity and the role that it plays in promoting the well-being of society.
All You Need To Know About Wakf Board
By immemorial use 4. He is merely a superintendent, whose job it is to ensure that the usufructs are used for the valid purposes desired by the wakif. Modern legislation divides the waqf as "charitable causes", in which the beneficiaries are the public or the poor, and "family" waqf, in which the founder makes the beneficiaries his relatives. Retrieved 29 March 2018. We assist you with home loans and property registrations. Wakf Board, Hyderabad A. Thus the purpose must be religious, pious, or charitable, the dedication of property must be permanent, and the usufruct must be utilized for the good of mankind.
Most scholars agree that once the waqf is founded, it can't be taken back. Waqf Board Who may be Mutawalli? The Wakf board asserted that the final order has been conveyed and they are holding back to get notification from ITC, which has the choice to look for a stay on the request. This is legal fiction. The leader of the Karnataka Minorities Commission, Anwar Manipaddy, presented a report to Chief Minister DV Sadananda Gowda in March 2012. There must be a clear intention on the part of the Wakif to create the Wakf.
A waqf according to Muslim personal law can be distinguished from trusts at least in the following areas: 1 A waqf can only be created for religious, pious, or charitable purposes in Islam, while a trust can be formed for any lawful purpose. Competency of the Waqif Who can create a waqf? A mutawalli is someone who is a major and of sound mind. It means that once a wakf is created relating to any property, it remains a wakf property forever. Privy Council ruled in Shahar Baho vs Aga Mohammedthat there is no law preventing a woman from becoming a mutawalli, provided the duties of the wakf are not related to religious activities. Religious intention is not obligatory for trust.
If the wakf is made for a limited period, it cannot be considered a valid wakf. Since waqf is an Islamic institution it becomes void if the founder converts to another religion. Nor can the dedication be permanent if the wakif is only a usufructuary mortgagee and has no permanent control over the property. This order followed a public interest litigation filed in this regard, quoting the Supreme Court's December 2015 order directing all state governments to constitute three-member Wakf tribunals within four months. As indicated by Sharia-ul-Islam, a wakf is an agreement, the fruit or impact of which is to tie up the original of a thing and to leave its usufruct free. Nazeer Ahmad, AIR 1982 Kant 309, it was held that if a Muslim man provides his house to the travellers irrespective of their religion and status for their stay, this cannot be considered as a valid Wakf on the ground that under Muslim law a Wakf has a religious motive, that it should be created for the benefit of Muslim community.
These components are hindering the working of the popular government and they breed scorn for tradition that must be adhered to. The Ḥanafīs hold that the list of beneficiaries include a perpetual element; the waqf must specify its beneficiaries in case. Schools, utilities, and others are examples of such assets. A Wakf for erecting and maintaining a Church opposite the house of the "Wakf". Liability of Mutwalli to account Under the waqfs deed, if there endures a clause exempting the mutawalli from responsibility, that has to be considered.
Wakf under Muslim Law : Concept, Creation, Control and Registration
It is slender only for religious, charitable, or pious, Family purposes. Central Waqf Council, India is an Indian statutory body established in 1964 by the Government of India under the Waqf Act, 1954 now a subsection of the Waqf Act, 1995 for the purpose of advising it on matters pertaining to the working of the State Waqf Boards and proper administration of the Waqfs in the country. These assets can be managed to generate income which will be used for the construction and reconstruction of waqf properties. After a wakf has been created, it continues to be so for all time to come and further continues to be so governed by the provisions of the Wakf Act and the grant of patta does not affect the original character of the wakf. A Wakf to maintain a college for teaching Muslim and Hindu Jurisprudence. The Wakf of a dower debt. Find the question and answer of Muslim Law only on Legal Bites.
Likewise, he accepted that the tying up of the property was not perpetual. A mutawalli may be removed by the wakif in the following circumstances: 1. A settlor, except a Hanafi one, is not eligible to keep away any benefit for himself. Wakf in simple words can be referred as property which is donated for a religious or charitable purpose under the Muslim law. The present article deals with the Wakf Board Land Scam of the year 2012.
"Wakf means the permanent dedication by a person professing the Muslim faith of any property, for any purpose, recognised by the Mohammedan Law as religious, Pious, or charitable. Comment upon this...
A female or a non-Muslim may also be Mutawalli in a Wakf where the religious duties are not involved. He can take any reasonable action in good faith to ensure the beneficiaries of the wakf are benefitted. Abdur Rahim lays down that the property dedicated must be: i mal tangible property, and ii ii it must be capable of being used without being consumed. Legal effects of Wakf A trustworthy person, and the person must be Muslim, major, male and of sound mind. What is the difference between waqf and trust? The reason that the institution of wakf is of such import is because it serves a two-fold purpose, on the one hand it satisies human instinct for charity and on the other makes provision for the weaker section of society. This type of Waqf is a form of Waqf where the ultimate benefit goes to God, but the property vests in the beneficiaries.
Wakf should be by a person who is professing Islam. Types of Wakf 1. T hese are not valid objects of the wakf as per Muslim law. The resources of the country which must be used for the benefit of the citizens were used illegally to earn illegal benefits due to this scam. Garib Das v M. This was a Wakf because it violated Muslim law.
The First Ottoman Experiment in Democracy. A waqf created solely for the public purpose of religious or charitable nature is called waqf fi lillah. Waqf made by an insane or minor is null. Permanent dedication of property The most important essential of a valid waqf is that it should be a permanent dedication of property. Waqf law is the most important branch in Mohammedan Law because it is interwoven into all aspects of Muslim religious, economic, and social life. Similarly, the Wakf Act, 1954, defines a wakf as meaning a permanent dedication by a person professing Islam. Further, no Muslim can be denied the right to ofer prayers therein on the ground that the mosque fall into disuse long back.
