Waqf

Waqf

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A waqf also spelled wakf formally known as wakf-alal-aulad is an inalienable
InAlienable
InAlienable is a 2008 science fiction horror film written and produced by Walter Koenig, and directed by Robert Dyke.-Plot:Dr. Eric Norris remains wracked with guilt after a terrible tragedy that cost him his family, and when he learns that an alien parasite is not only growing inside him but...

 religious endowment in Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...

, typically denoting a building or plot of land for Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...

 religious or charitable purposes
Charitable trust
A charitable trust is an irrevocable trust established for charitable purposes, and is a more specific term than "charitable organization".-United States:...

. The donated assets are held by a charitable trust
Charitable trust
A charitable trust is an irrevocable trust established for charitable purposes, and is a more specific term than "charitable organization".-United States:...

. The grant is known as mushrut-ul-khidmat, while a person making such dedication is known as wakif.

Definitions



The term waqf literally means detention. The legal meaning of Waqf according to Imam Abu Hanifa, is the detention of specific thing in the ownership of waqif and the devoting of its profit or products "in charity of poors or other good objects".

Imam Abu Yusuf and Imam Muhammad Says: Waqf signifies the extinction of the waqf's ownership in the thing dedicated and detention of all the thing in the implied ownership of God, in such a manner that its profits may revert to or be applied "for the benefit of Mankind".

There is no direct injunction of the Quran regarding Waqf, but there is a hadith
Hadith
The term Hadīth is used to denote a saying or an act or tacit approval or criticism ascribed either validly or invalidly to the Islamic prophet Muhammad....

 which says "Ibn Umar reported, Umer-Ibn-Al- Khitab got land in khyber, so he came to the prophet Muhammad (peace be upon him) and asked him to advice him about it. The Prophet said, if you like, make the property inalienable, and give the profit from it to charity." Waqf means the permanent dedication by a Muslim of any property for any purpose recognized by the Muslim law as religious, pious or charitable.

Wakf in India



Early references to Wakf in India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

, can be found in 13th century CE work, Insba-i-Mahru by Aynul Mulk Mulltani, described by historian Ziauddin Barani
Ziauddin Barani
Ziauddin Barani was a Muslim historian and political thinker who lived in India during Muhammad bin Tughlaq and Firuz Shah's reign. He was best known for composing the Tarikh-i-Firuz Shahi, a major historical work on medieval India, which covers the period from the reign of Ghiyas ud din Balban to...

 as one of the officers of Jalal ud din Firuz Khilji
Jalal ud din Firuz Khilji
Jalaluddin Firuz Khilji was the first sultan of the Khilji dynasty, who reigned from 1290 to 1296. He built his capital at Kilughari, a few miles from the city of Delhi and completed the unfinished palace and gardens of Sultan Qaiqabad.) He ruled from there for six years.-Early life and...

 (r. 1290-1296) first Indian ruler of the Delhi sultanate
Delhi Sultanate
The Delhi Sultanate is a term used to cover five short-lived, Delhi based kingdoms or sultanates, of Turkic origin in medieval India. The sultanates ruled from Delhi between 1206 and 1526, when the last was replaced by the Mughal dynasty...

 and the founder of the Khilji dynasty
Khilji dynasty
The Khilji Sultanate was a dynasty of Turko-Afghan Khalaj origin who ruled large parts of South Asia from 1290 - 1320. They were the second dynasty to rule the Delhi Sultanate of India...

. According to the book, Sultan Muizuddin Sam Ghaor (f. 1195-95 A.D.) dedicated two villages in favour of Jama Masjid
Jama Masjid
Jama Masjid also Jami Masjid, refers to the Friday Mosque, where Jummah or weekly Friday noon congregation prayers of Muslims take place...

, Multan
Multan
Multan , is a city in the Punjab Province of Pakistan and capital of Multan District. It is located in the southern part of the province on the east bank of the Chenab River, more or less in the geographic centre of the country and about from Islamabad, from Lahore and from Karachi...

, and, handed its administration to the Shaikhul Islam (highest ecclesiastical officer of the Empire). In the coming years, several more wakfs were created, as the Delhi Sultanate
Delhi Sultanate
The Delhi Sultanate is a term used to cover five short-lived, Delhi based kingdoms or sultanates, of Turkic origin in medieval India. The sultanates ruled from Delhi between 1206 and 1526, when the last was replaced by the Mughal dynasty...

 flourished.
As per Wakf Act 1954 (later Wakf Act 1993) enacted by Government of India, Wakfs are categorized as (a) Wakf by user such as Graveyards, Musafir Khanas (Sarai) and Chowltries etc., (b) Wakf under Mashrutul-khidmat (Service Inam) such as Khazi service, Nirkhi service, Pesh Imam service and Khateeb service etc., and (c) Wakf Alal-aulad is dedicated by the Donor (Wakif) for the benefit of their kith and kin and for any purpose recognised by Muslim law as pious, religious or charitable. After the enactment Wakf Act 1954, the Union government directed to all the states governments to implement the Act for administering the wakf institutions like Mosque
Mosque
A mosque is a place of worship for followers of Islam. The word is likely to have entered the English language through French , from Portuguese , from Spanish , and from Berber , ultimately originating in — . The Arabic word masjid literally means a place of prostration...

s, Dargah
Dargah
A Dargah is a Sufi shrine built over the grave of a revered religious figure, often a Sufi saint. Local Muslims visit the shrine known as . Dargahs are often associated with Sufi meeting rooms and hostels, known as khanqah...

, Ashurkhanas, Graveyards, Takhiyas, Iddgahs, Imambara, Anjuman
Anjuman
Anjuman is a Pakistani film actress. She was one of the most successful Punjabi film heroines of Pakistan during the 1980s and early 90s. Her real name is Anjuman Shaheen and she was born in Bahawalpur...

s and various religious and charitable institutions.

In India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

, the management of Wakf is undertaken by the Central Wakf Council, India
Central Wakf Council, India
Central Wakf Council, India is an Indian statutory body established in 1964 by the Government of India under Wakf Act, 1954 for the purpose of advising it on matters pertaining to working of the State Wakf Boards and proper administration of the Wakfs in the country...

, a statutory body under Government of India, which also oversees State Wakf Boards. In turn the State Wakf Boards work towards management, regulation and protect the Wakf properties by constituting District Wakf Committees, Mandal
Mandal
is a town and municipality in Vest-Agder county, Norway. The administrative center of the municipality is the town of Mandal.The town of Mandal was established as a municipality on 1 January 1838...

 Wakf Committees and Committees for the individual Wakf Institutions. As per the report of Sachar Committee
Sachar Committee
The Rajinder Sachar Committee, appointed in 2005 by the Indian Prime Minister Manmohan Singh, was commissioned to prepare a report on the latest social, economic and educational condition of the Muslim community of India. The commettee was headed by the former Chief Justice of Delhi High Court ...

 (2006) there are about 5 lakh registered Wakfs with 600000 acres (2,428.1 km²) land in India, and Rs. 6,000 crore
Crore
A crore is a unit in the Indian number system equal to ten million , or 100 lakhs. It is widely used in India, Bangladesh, Nepal, and Pakistan....

 book value.

Funding of schools and hospitals



After the Islamic waqf law and madrassah foundations were firmly established by the 10th century, the number of Bimaristan
Bimaristan
Bimaristan is a Persian word meaning hospital, with Bimar- from Middle Persian of vīmār or vemār, meaning "sick" plus -stan as location and place suffix...

 hospitals multiplied throughout Islamic lands. In the 11th century, every Islamic city had at least several hospitals. The waqf trust institutions funded the hospitals for various expenses, including the wage
Wage
A wage is a compensation, usually financial, received by workers in exchange for their labor.Compensation in terms of wages is given to workers and compensation in terms of salary is given to employees...

s of doctors, ophthalmologists
Ophthalmology in medieval Islam
Ophthalmology was one of the foremost branches in medieval Islamic medicine. The oculist or kahhal , a somewhat despised professional in Galen’s time, was an honored member of the medical profession by the Abbasid period, occupying a unique place in royal households...

, surgeons, chemist
Chemist
A chemist is a scientist trained in the study of chemistry. Chemists study the composition of matter and its properties such as density and acidity. Chemists carefully describe the properties they study in terms of quantities, with detail on the level of molecules and their component atoms...

s, pharmacist
Pharmacist
Pharmacists are allied health professionals who practice in pharmacy, the field of health sciences focusing on safe and effective medication use...

s, domestics
Domestic worker
A domestic worker is a man, woman or child who works within the employer's household. Domestic workers perform a variety of household services for an individual or a family, from providing care for children and elderly dependents to cleaning and household maintenance, known as housekeeping...

 and all other staff, the purchase of food
Food
Food is any substance consumed to provide nutritional support for the body. It is usually of plant or animal origin, and contains essential nutrients, such as carbohydrates, fats, proteins, vitamins, or minerals...

s and medicines; hospital equipment such as beds, mattresses, bowls and perfume
Perfume
Perfume is a mixture of fragrant essential oils and/or aroma compounds, fixatives, and solvents used to give the human body, animals, objects, and living spaces "a pleasant scent"...

s; and repairs to buildings. The waqf trusts also funded medical schools, and their revenue
Revenue
In business, revenue is income that a company receives from its normal business activities, usually from the sale of goods and services to customers. In many countries, such as the United Kingdom, revenue is referred to as turnover....

s covered various expenses such as their maintenance and the payment of teachers and students.

See also

  • Habous
    Habous
    Habous is an Islamic term related to land property legislation in the Muslim world.Habous can be classified into three main categories: private, public, or mixed.-Private:...

  • Jerusalem Islamic Waqf
    Jerusalem Islamic Waqf
    The Jerusalem Islamic Waqf is an Islamic trust best known for controlling and managing the current Islamic edifices on the Al-Aqsa Mosque in the Old City of Jerusalem. The Waqf has governed access to the geographic region since the Muslim reconquest of the Kingdom of Jerusalem in 1187...

  • Charitable trust
    Charitable trust
    A charitable trust is an irrevocable trust established for charitable purposes, and is a more specific term than "charitable organization".-United States:...

  • Islamic economic jurisprudence
  • Islamic economics in the world
    Islamic economics in the world
    Islamic economics in practice, or economic policies supported by self-identified Islamic groups, has varied throughout its long history. Traditional Islamic concepts having to do with economics included...

  • Trust law
    Trust law
    In common law legal systems, a trust is a relationship whereby property is held by one party for the benefit of another...

  • Vakuf
    Vakuf
    Vakuf is alternative spelling of waqf. Several places in Bosnia are called so:* Gornji Vakuf, in Bosnia and Herzegovina,* Donji Vakuf, in Bosnia and Herzegovina,* Kulen Vakuf, in Bosnia and Herzegovina* Vakuf , in Bosnia and Herzegovina...

  • Zakah

Further reading

  • Real property, mortgage and wakf according to Ottoman law, by D. Gatteschi. Pub. Wyman & Sons, 1884.
  • Waqf in Central Asia: four hundred years in the history of a Muslim shrine, 1480-1889, by R. D. McChesney. Princeton University Press, 1991. ISBN

069105584X.
  • Wakf administration in India: a socio-legal study, by Khalid Rashid. Vikas Pub., 1978. ISBN 070690690X.

External links