Waqf in Modren Times

Waqf should be created for a charitable purpose recognized by the Shariah. The examples of charitable purposes are extensive. It may include waqf for mosques, schools, hospitals, universities, and other examples of public utility or public interest or for the general welfare of the poor. The purposes recognized by Islam include man’s duty to his family.

The waqf can be created for the support of the founder’s own immediate descendants, whether for one or two generations, or in perpetuity, until their extinction, whereby the waqf would go to the poor. A Muslim cannot create a waqf for a church or synagogue. A waqf is a form of Iadaqah and cannot be used for purposes unpleasing to Allah. Such a waqf becomes null and void and the ownership right of the waqf property will remain with the creator of the waqf.

Jabir said, “A man said, ‘Messenger of Allah, I have a dinar.’ He said, ‘Spend it on yourself.’ The man said, ‘I have another.’ He said, ‘Spend it on your servant (or he said, ‘on your child’).’ The man said, ‘I have another.’ He said, ‘Use it in the Way of Allah, but that is the least form of sadaqa.'” [Al Adab Al Mufrad]

If the purpose of the waqf is religious and charitable but it is not realizable or has ceased to exist the waqf will not be allowed to fail. The perpetuity principle continues as there is an implied term in the waqf to benefit the poor in the event of the failure of the prime purpose of the waqf. In such cases the income of such a waqf property can be utilized, with the permission of the court, on the renovation of any waqf property, or it can be used on purposes similar to or nearly similar to the original purpose, or generally for the benefit of the poor, or for the purpose of promotion of knowledge and learning among Muslims. For example, when the waqf is meant for a religious or charitable institution which in the course of time ceases to exist, the waqf property will not revert to the waqif or his descendants, but would be applied to some other similar religious institutions or any other object which may benefit human beings.

Moreover, waqf has a redistributive function as a waqf made for the purposes of helping the poor or for the purposes of educating the poor will channel resources to them and benefit them. In addition to this waqf also plays an important role in protecting the wealth of Muslim nations by the prohibition of their sale or pledge. Consequently, the waqf property would remain in the hands of the Muslims and could be used for their general welfare. Waqf also protects a certain property from being wasted by prodigal children who would otherwise squander the wealth left to them by their parents.

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