Personal Law.
Gopal Krishna Behera
(Querist) 31 May 2009
This query is : Resolved
What is the meaning of Waqf and what are its essentials ingredients?
B.B.R.Goud.
(Expert) 31 May 2009
it means and includes the charity trust, exclusively formed for muslims, within the provisons of waqf act.
A V Vishal
(Expert) 31 May 2009
The word “Wakf” has its origin in the Arabic word “Waqufa” meaning thereby to detain or to hold or tie up. It is said that once second Khalifa Omar acquired a piece of land in Khaibar and asked the prophet Mohammed as how best to to make the most pious use of it. The prophet said “Tie up the property and devote the usufruct to the welfare of human beings, and it is not to be sold or made the subject of gift or inheritance , devote its produce to your children , your kindred and the poor and in the way of Allah”.
During the administration of Mughals in the later stage, Aurangazeb codified the Muslim Laws including the Laws on Wakf through, “Fatwai-E- Alamgir” which was valid till the period of the Privy Council in the British age.
In India, the Musalman Wakf Validating Act, 1913, the Musalman Wakf Act. 1923 were in vogue in the British period during the Privy Council.
The Wakf Act 1995 defines the WAKF as the permanent dedication by a person professing Islam, of movable or immovable property for any purpose recognized by the Muslim law as pious, religious or charitable. The properties so dedicated are called Wakf .The person who so dedicates his or her property is known as wakif and the person who manages such property is known as Mutawalli (manager and administrator).
Wakfs are of three kinds. (i) Wakfullilah (Public Wakf), (ii) Wakfulaulad (Wakf for children) & (iii) Wakf by user. The public wakf is meant for religious and charitable purposes covering the public at large and Wakfulaulad is a wakf meant for welfare of ones children/relatives. Wakf by user means where any piece of land or portion of building has been used permanently for any religious or pious purpose; for example Mosque, Kabrasthan, Karbala etc.
Mutawallis are again of two category; appointed by the Board and recorded as per Wakf deed.The Mutawallis connected with the Wakif and recorded as per deed by the Wakif are called recorded ones and in other cases where there is no specific direction in the Wakf deed or there is no deed or it is a Wakf by user , Mutawalli is appointed by the Board for a certain period.
Khaleel Ahmed Mohammed
(Expert) 01 June 2009
Waqf means dedication of certain movable or immovable property in the name of Allah Allmighty.When a Mohammad male or Female declares there property as waqf, the same subject matter of the property automatically transfer in the name of Allmioghty. Once the property declared as waqf, the same cannot be sold or transfer .The property should remain as waqf property till the day of resurrection.
The waqfullilah means the property transfer in the name of Allmighty Allah,the benefit from the property to be used as the wish of the waqif means person who dedicate the property.
The Waqfulaulad means a mohammadan male or femate dedicates there property for the bnefit of there children. Such property cannot be sold by any one of the successors of the Waqif.
