Making A Property Waqf Without A Waqf Deed
Question
A person who made a land Waqf, has passed away, no record of the land being made Waqf. The heirs don’t have a clue regarding this deed. What is advised in this case?
Answer
According to the Hanafi Mazhab, there is only one condition (Rukn) for the validity of Waqf; that the words of Waqf be used by which the Waqf takes place. For example, the donor says, “I have made my land Waqf to a particular institute.” By using the words of Waqf, the ownership of a person terminates and the property or land of Waqf enters into the exclusive ownership of Allah Ta’aala. Others have even mentioned that using the word ‘WAQF’ is not necessary in Shariah. If the meaning of Waqf is achieved whether explicitly or through indication then too the Waqf will be correct and valid.
References (Arabic / Urdu sources)
Islam ka Nizaam-e-Awqaaf pg. 247/248/250
- Approved by
- Mufti Muhammed Saeed Motara Saheb D.B.
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