Waqf is an Arabic word and literally means habs (‘detention’) to stop, to hold, to restrain , to detain , or to prevent.
In Islamic Shar’ia law (technically) means ‘keeping the property (surrendering the title) for separate use for a particular purpose’. Or irrevocable dedication of a portion of one’s wealth for the purpose of expending its usufructs to legitimate causes or charitable and righteous ends with the overriding objective of getting closer to All
According to jurist, waqf is the detention of a thing in the implied ownership of Almighty God, in such a way that its profits may be applied for the benefit of human beings who are the beneficiaries of the waqf. Waqf properties may be immovable or movable.
WAQF IN THE LIGHT OF QUR’AN
Surah al-Baqarah verse 267 which means:Oh believers spent the best things from what you had obtained and from what we had given out to you from the earth. Surah Ali Imran, verse 92 which means: You couldn’t achieved the kindliness until you give away what you love most.
WAQF IN THE LIGHT OF HADITH
The Prophet, Muhammad s.a.w. said as narrated by al-Bukhari and Muslim which means: When the son of the Prophet Adam a.s. passed away, his good deeds will be cut off except for three things: The first: the endless charity (Sadaqah Jariah), Second: knowledge which benefit the people, and the last one: the good son who always pray to both his father and mother. Practice of Nabi Sallahuwassalam He did Waqf of his seven gardens to Bani Abdulmutalib and banu Hashim.
IJMAA
Imam Nawavi and Ibn Qudama narrated a consensus of Muslim Scholars on a validity of Waqf PRACTICE OF SAHABAH Prophet advise to Uthman for purchasing of Well Bir Rumah in Madina. Ibn Qudama wrote that there was not one companion who possessed any substantial property ,except for what had been made Waqf to them.
PRINCIPLE OF PERPETUITY IN WAQF
Perpetuity principle means that the principal of Waqf should be preserved, but its benefit is available for repeating extraction whether for religious or philanthropic and righteousness purposes. Imam Malik view of time bounded Waqf.
Shariah status of Waqf
Imam Abu Hanifa: Waqf is the Sadqa of Usufruct without detention the ownership like Ariyat.
Imam Shafii and Sahibain:When a property is made waqf, the ownership of the property is transferred to God, and hence there is no legal title for the endower or the beneficiary (mawqouf alayh).
Imam Ahmed: By endowing a property as waqf, the endower transfers the ownership to the beneficiary (mawqouf alayh).
Imam Malik:By endowing a property as waqf, the endower’s ownership remain same and not transferred
VIRTUES/REWARD OF THE WAQF
Muslims are encouraged to create sadaqah that keeps producing benefits/revenues to its targeted objectives. Waqf is also termed “sadaqah jariyah” or “continuous sadaqah”. These sadaqah can be religious like establishing a mosque, or for social purposes like building a house for the traveler ext. An important characteristic of waqf relates to its objective, that is, the idea of birr (doing charity out of goodness
BENEFITS OF WAQF
Waqf can give the kindliness in this world and will be rewarded by God for the good deeds in the day of resurrection. Waqf is an affair that suggested by Islam (Sunat) and can make us nearer to God. .Keep the benefit of certain wealth and give its benefit to the needy or people who deserved it. It is also an affair that suggested by Islam.
INTENTION FOR THE WAQF
The intention for the creation of a waqf must be for seeking the pleasure of Allah (SWT). Based on intended purposes, there are two types of waqf: According to Sheikh Zarqa “everything in waqf is subject to ijtihad [legal interpretation] and there is no single ruling in it that gained unanimity except that the waqf purpose must be benevolent (birr)”.