Waqf an muslim institution

2. Submitted to:- Submitted by:-
Dr. Kush Ahuja Udit Gupta
221050101009

3. 1. Introduction
2. Definition
3. Essentials of Waqf
4. Kinds of Waqf
5. Waqf: How created
6. Revocation of Waqf
7. Salient features of Waqf Act, 2013
8. Conclusion
Bibliography

4. The institution of waqf has developed with
Islam. There were no waqf or any such
parallel institution in Arabia before the
advent of Islam. Credit must be given to the
Muslim jurists for having developed the
jurisprudence of waqf.
Omar had acquired a piece of land in
Khaiber, and proceeded to the prophet, and
sought his counsel to make the most pious
use of it.

5. Whereupon the Prophet declared ”tie up the
property and devote the usufruct to human
being, and in accordance with this rule of
Omar dedicated the property in question,
and the waqf continued in existence for
several centuries, until the land became
waste.

6.  Definition.
Literal meaning.- ‘Waqf’ literlly means
‘detention’ and technically it means a
dedication in perpetuity of some specific
property for some pious purpose.
 According to Abu Yusuf “waqf is the detention
of a thing in the implied ownership of almighty
God in such a manner that the profit may revert
to or be applied to the benefit of his creatures.

7.  In Moti Shah v. Abdul Gaffar Khan:-
It has been held that the waqf means
detention of property in the ownership of
God in such a manner that its profits may be
applied for the benefit of his Servants. The
object of dedication must be religious or
charitable.

8.  Essential of Waqf
1. A permanent dedication of any property.
2. By a person professing Mussalman faith.
3. For any purpose recognised by the Muslim
law.

9. In N.R Abdul Azeez Vs. E. Sundaresa :-
The Madras High Court held that it is
fundamental principle of the Muslim law of
waqf that when a mosque is built and
consecrated by public worship, it ceases to
be the property of the builder and vests in
God. It can not be revert to the founder.

10. In Mohd. Khasim Vs. Mohd. Dastageer :-
The Supreme Court held that according to
Mohammedan jurists, the term waqf literally
means dedication by a person professing the
mussalman faith of any property for any
purpose recognised by the Mussalman law
as religious, pious or charitable.

11.  Waqf how created
• Muslim law does not prescribe any for of
creating waqf. It may be verbal or in writing.
 Modes of creation
1. By an act of inter vivos
2. By will
3. During death illness
4. By immemorial user.

12.  Revocation of waqf
• If a valid waqf has been created, it can not
be revoked by the waqif for it is in the power
to divest God of his ownership of the
property.
• Thus-
 A testamentary may be revoked by the
author of the waqf before his death.

13.  A waqf during death illness without the
consent of heirs is valid only to the extent
1/3rd of the property and invalid beyond this
limit.
 A waqf created by ‘inter vivos’ is
irrevocable. If the waqif reserves the power
of revocation.

14. Broadly, waqf are of two kinds :
 Public waqf.- Those which are dedicated to the public
at large having no restriction of any kind regarding
its use: for example, bridges, wells, roads, etc.
 Private waqf.- Those which are for the benefit of private
individual or class of individual which may be settler's
family.

15. • As per this law waqf has been defined in
such a way that it shall be a waqf regardless
of the endower being a muslim or non-
muslim and that it would be a waqf for all
legal purpose.
• If the survey has not be done each state
should complete the survey with in a year’s
so that no property remains unregistered.

16. • It is incumbent on the Revenue Department
officials to finalise land records.
• From section 32, the power of the board to
sell, exchange or mortgage or to gift has
been done away with.
• The tenure for the lease of the properties
has been fixed to 30 years now so that the
waqf property be developed.

17. • The waqf tribunal shall now be tri-member
including an Islamic scholar apart from the
judge and the representative of the
administration. There scope has also be
widened.
• The very much dispute section 87 has been
removed.
• The new act has strengthened the central waqf
council and widened the scope and to an extent
the state waqf board are now answerable to the
central waqf council.