WAQF-A UNIQUE ISLAMIC INSTITUTION

INTRODUCTION
The Waqf literally means holding, confinement or prohibition . Its literal meaning is also “tying up of property for some pious object recognized by Shari'ah to gain divine pleasure in such a way that the corpus (asl) remains intact and only its usufruct is spent on the named object”(Awqaf Experiences in South Asia, By: Syed Khalid Rashid,p7) . Waqf is withholding one's property to eternally spend its revenue on fulfilling certain needs depending on the choice and conditions made by the 'waqif' or the person who owns the property. Legally, Waqf is defined as to endow the property rights of a good to the public service perpetually and to prevent others from obtaining its property rights. It also is defined as the confinement of an amount of money by a founder and the dedication of its usufruct in perpetuity to the welfare of society. Thus, there are two main legal conditions for the establishment of a Waqf: the first is to dedicate one’s property rights to any public service and prevention of its re-ownership by others; and the second is the perpetuity of this dedication. Its use for other purposes or disposal is prohibited. Benefits of the given property can be used to finance the foundation’s activities without consuming the property itself, thus a Waqf remains as long as its assets last. Hence theoretically perpetuity implies that Waqf properties should not decrease.
An important rule was that stipulations of the Waqif had to be implemented exactly. The Waqf mission and the means to achieve its goals were specified in the Waqf deed and could not be changed even by the Waqif. If a Waqf’s mission was not relevant any more to the needs and conditions of the day, the Waqf would start to serve for the closest purposes in the same field. If this was not possible, resources of the Waqf would be allocated to the poor and the needy.
The basic regulations governing Waqf trusts are laid down in Shariah law, but interpretation and implementation may vary in different Muslim societies. At its heart the Islamic endowment is connected firmly with the religious precept of charity. Modern reforms in several Muslim countries have abolished nationalized or highly regulated Waqf. In the modern society Waqf remain devices for financing the administration of mosques and religious schools as well as for guaranteeing an inheritance.
One of the purposes of the Waqf is to circumvent regulations that do not allow inheritance, causing wealth of individuals to become property of the ruler. Rich families donate properties as Waqf, naming their sons as trustees. The trustee usually receives 10% of the income, guaranteeing that at least some of the money stays in the family.
ORIGIN AND LEGALITY OF WAQF
The first Waqf in Islam is that of Omar Ibn Al Khattab. Ibn Khozaima included in his book : where he mentioned the story of Ibn Omar in comment. The Qur’an contains no specific reference to the endowment (Waqf) and its legal parameters have been developed through centuries by jurists. It is inspired from repetition and emphasis upon charity within Islam as an act of devotion to God. There are many texts in the Holy Quran and the Hadith sayings that advocate religious bequest, advise making it or explain its canons .
As for the Holy Quran, there are general texts that comprise all kinds of charity and beneficenceRefer Quran :(51:19), (90:12-17), (93:9), (107:1-3,7), (2:83,177), (4:8), (9:60), (2;261) , including Waqf endowment and other deeds, as stated in Allah Almighty’s verse: "Ye will not attain unto piety until ye spend of that which ye love” in another verse; Allah S.W.T said; “The likeness of those who spend their wealth in Allah’s way is as the likeness of a grain which growth seven branches, in every branch contains of hundred seeds, and (remember) Allah will give increase manifold to which he will and Allah is All Embracing and All Knowing” .
In Hadithrefer;Sahih Muslim,vol.4,Bab al-Waqf; Sunan Ibn Majah, vol. 4, Bab al-Waqf; Sunan Abu Daud, al-Wasaya; Sunan al-Nisai, Kithab al- Ahbas, Bab 3. ; According to Abdullah Ibn Omar (May Allah be well-pleased with him), Omar obtained a land lot in Khaibar; he came to the Prophet PBUH asking him for advice. He said: "Ye Apostle of Almighty, I obtained a land in Khaibar. I never obtained a property more precious to me than this. What do you advise me? He said: "If you want, you can bequeath it, and give it as a charity; provided that it should not be sold, bought, given as gift or inherited." He said, “Then Omar gave it as charity for the poor, relatives, slaves, wayfarers, and guests. There is no harm for the person responsible for it to feed himself or a friend from it but for free.”
Prophet (PBUH) said in his well known Hadith, "When a human being dies, his work for God comes to an end except for three: a lasting charity, knowledge that benefits others, and a good child who calls on God for his favour." So here the Waqf also included. It means that Waqf has considered as a matter of charity for the society as it give benefit on the usage of it.
Religious scholars also have mentioned about Waqf: Shoukani said: "We do not know of a difference of opinion among Imams (scholars) on withholding bridges and mosques, but they differed in other items. According to Anas Ibn Malik said Prophet Mohammed (PBUH) said: “Seven cases the person will benefit from after his death in his grave: knowledge he gave, a river he dug, a well he dug, a palm he cultivated, a mosque he built, a Quran book he left as inheritance, or a child he left who calls on God for his favour after his death.
ENDOWMENTS IN THE PAST & THE PRESENT
A Waqf in pre-commercial society would ordinarily be arable land, farms or oases. In theory the Waqf is absolutely permanent, and once established, the contract cannot be altered or the property sold or alienated. Exceptions occur if the contract is violated in some way or if the founder or manager becomes an apostate.see
Waqf was realized by old nations when real estates were endowed to be worship places ever since man knew worship. Waqf was not confined to worship place as one of Nubian ruler (Benout), during the reign of Ramsis IV, blocked a piece of land he owned to use its revenues to buy an ox to be slaughtered every year.
Monuments indicated that ancient Greeks knew Waqf when a piece of land was endowed for holding religious ceremonies in some cities. At Roman times, at during the republican era, their regime upgraded after the emergence of Christianity. The government appointed a public servant for Waqf to ensure the implementation of donors' terms.
Waqf land ownership is one of the legal modes of land ownerships prevalent in the Ottoman Empire. The Ottoman society left the funding health, education and welfare entirely to the Waqf system (Cizakca (1995), p.314 ( Waqf System as a redistribution mechanism in Ottoman Empire, By Birol Baskan Northwestern University Department of Political Science (April 2002)) so much so that the following saying does not exaggerate its central importance: "thanks to the Waqfs flourished during the Ottoman Empire, a person would have borne into a Waqf house, slept in a Waqf craddle, ate and drank from Waqf properties, read Waqf books, taught in a Waqf school, received his salary from a Waqf administration, and when he died, put into a Waqf coffin and buried in a Waqf cemetery.” Almost all of the researches emphasize the central importance of the Waqf system on social, economic and cultural life of the Ottoman Society.
In the pre-Islamic period, Arabs had worship houses and temple annexes where presents, votive offerings and Waqf crops were stored. As for breed Waqf, it was known in ancient Egypt where properties were withheld to spend on a certain family, their children and ancestors without having the right to sell them. The Romans also knew breed Waqf so did Europe for generations where certain amount of money of the nobles was withhold for the elder son to cover costs necessary for titles that were inherited. Then the French campaign put an end to that system.
Being developed during 7th and 8th centuries AD, Waqf is definitely 4 to 5 hundred years older than English trusts and uses. Many Awqaf institutions exist today were created more than 1000 years ago.(Awqaf Experiences in South Asia, By: Syed Khalid Rashid,p22;English trusts might have Originated from Waqf)
In managing Waqf, there appears to have a mixture of pre-Islamic and non-Islamic traditions. There have always been regional differences in the ways of regulating the Waqf. In Muslim societies, regulations on inheritance have represented a problem for rich families: properties have been considered as belonging only to its owner but not to his or her descendants. When the owner dies, the property would then be transferred to the ruler. But with Waqf, rich families have established Waqf and had children put up as trustees.
LEGAL CONDITIONS OF WAQF
Waqf creation requires certain conditions; the most important among them are the following
1. The property must be a real estate or a thing which has some meaning of perpetuity. Muslim societies has Waqf land, buildings, camels, cows, sheep, books, jewelry, swords and other weapons, agricultural tools, etc.
2. The property should be given on a permanent basis. Some jurists approve temporary Waqf only in the case of family Waqf.
3. The Waqf founder should be legally fit and apt to take such an action, i.e., a child, an insane or a person who does not own the property cannot make Waqf.
4. The purpose of the Waqf must, in the ultimate analysis be an act of charity from both points of view of Shari’ah and of the founder. Hence Waqf on the rich alone is not permissible because it is not charity.
5. Finally, beneficiaries, person or pur¬pose, must be alive and legitimate. Waqf on the dead is not permissi¬ble. And Waqf to animals are also not allowed.