Waqf

Waqf is a concept in Islamic Law which refers to some kind of a religious endowment, mainly property, for religious and charitable purposes. Literally, the term Waqf means detained, and it denotes the detention of a property, the proceeds of which are given to charity. The word Waqf was used in connection with the mosque. Two definitions may be given. It can mean the "appropriation of a particular article in such a manner as subjects it to the rules of divine property whence the appropriator`s right in it is extinguished and it becomes the property of God by the advantage of it resulting to His creatures." It also means the immobilization of the legal right to use the profits of a thing for a term equal to the duration of that thing. It is the only form of infinity known to Islam and is irrevocable.

`Charitable trust` is a reasonably satisfactory translation. Perishable goods and money (prohibition of interest) cannot be made a trust. A trust cannot be used for a purpose unpleasing to God. For instance, a man cannot so treat his property to escape payment of his debts and a Christian cannot make a trust for a mosque or a church, for the former is contrary to his own religion and the second contrary to Islam.

Practically, trusts fall into two classes, public and private. The public are for true charitable purposes, the maintenance of worship, including the upkeep of the fabric of mosques and payment of ministers of religion, and charities including works of public utility such as hospitals, schools, water supply and anything of a like nature. According to Hanafi law, a private mosque built by a rich man for his own worship cannot be the object of a trust because it is not a public utility.

Private trusts are those intended to preserve family property from the greed of authority or to evade the law of inheritance as laid down in the Holy Quran which would split up the estate. The beneficiaries are the founder`s descendants and collaterals. According to Hanafi law, the maintenance of the founder for his life and the payment of his debts may be the first charges on the trust. A trust has to have a manager. The founder may appoint himself or another to this post. Hanafi law says that he may retain the usufruct for his life but he cannot impede even the use and enjoyment beyond the term of his own life.

Trusts dealt mostly with real property. Initially it was restricted to houses only but later agricultural land was also allowed. As this land was let on a short lease, usually for one year, the trusts were a danger to the community especially when they became extensive. In the later Middle Ages a Government department controlled the public trusts while the private were under the supervision of the chief judge who could remove a manager if he failed in his duty. Books given to a mosque or library were often made a trust. Trusts existed in many lands for the benefit of the holy cities, Mecca and Medina.