Concept and Meaning:
A Waqf under Muslim law is a permanent dedication of property by a person professing Islam for religious, pious, or charitable purposes recognized by the Muslim faith. Once created, the ownership of the property is transferred from the individual (called Waqif) to God, and the property becomes inalienable. The Waqf Act, 1995 governs waqf properties in India, and Section 3(r) defines “Waqf” as any permanent dedication by a Muslim for a purpose recognized by Muslim law as religious, pious, or charitable. The management of waqf property is vested in a Mutawalli (manager), who administers it for the benefit of the public or a specific group.
Creation of Waqf:
The essential conditions for a valid waqf are: (i) a permanent dedication of property, (ii) by a Muslim, (iii) for a lawful, religious, or charitable purpose, and (iv) a clear declaration of intention. The waqif must be competent (a Muslim of sound mind and majority age). Once the declaration is made, the waqf becomes irrevocable and absolute. A waqf can be created inter vivos (during lifetime) or testamentary (by will). Section 6 of the Mussalman Waqf Validating Act, 1913 also affirms the validity of waqf for the settlor’s family, descendants, and ultimately for charity.
Revocation of Waqf:
A waqf, once created, cannot be revoked because the ownership has been permanently transferred to Almighty God. The waqif loses all rights over the property, and even a court cannot cancel a valid waqf. However, if the waqf was made under fraud, coercion, or if its object is unlawful, it can be declared void. The Mutawalli may be changed if he mismanages the property, but the waqf itself remains intact. This irrevocability distinguishes waqf from ordinary trusts or gifts under Muslim law.
Real-time Example:
For instance, Ahmed, a Muslim, dedicates his ancestral land to establish a madrasa and declares it as waqf. He appoints his son as Mutawalli. Once declared, the property belongs to God, and Ahmed cannot later sell or revoke the dedication. However, if his son misuses the funds or mismanages the property, the Waqf Board may remove him and appoint another Mutawalli without affecting the waqf’s validity.
Mnemonic to Remember – “DIP-I”
D – Declaration of intention
I – Irrevocable transfer to God
P – Pious or charitable purpose
I – Incompetence or illegality voids it
Mnemonic Tip: “Waqf takes a DIP-I into divinity — Declaration, Irrevocability, and Pious Intention.”
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Understand the concept of Waqf under Muslim Law in detail at Lawgnan.in — your go-to platform for learning personal and property laws. Discover how a Waqf represents a permanent dedication of property to God for religious, pious, or charitable purposes and is governed by the Waqf Act, 1995. Learn about its creation, conditions, revocation rules, and management by a Mutawalli, along with real-life examples and key case interpretations. Visit Lawgnan.in today to master Islamic legal principles and enhance your understanding of charitable dedications in Muslim law with clarity and precision.
