Al-waqif (Contractor). is a person who donates waqf fund. He/she should be health physically and mentally. The decision to donate should not be made under pressure. Waqif should be an adult person ( Bulugh/Maturity), Sound mind (Aql /wisdom), Liberty, To be owner , Unrestrained in his power to dispose his property.
Clear Intention from Waqif , Objective of Waqf must be Shariah Compliance, Must not dedicate more than one third of his property as waqf except with the explicit consent and Waqf must be non contigent . Waqif can not put the condition of sale in Waqf deed Rights of Waqif include“The conditions of the waqif have the same legal force as the edicts of the legislator”. Waqf for himself or herself, and for their children and grandchildren; Waqif could be trustee and will define the Management
Assets or fund donated as waqf are technically called al-mawquf in fiqh (Islamic law). Existence of mawquf should be clear and durable. Therefore, people can benefit from the waqf for long time. Characteristics of Mawquf It should be Valuable; cant be subject mater of sale; Specified / Quantified and Individually Owned Waqf of Sahres : The Waqf asset must be capable of being used while preserving the asset, and the benefit from an Waqf must be lawful in Shari’a Cash Waqf means "the devotion of an amount of money by a founder and the dedication of its usufruct in perpetuity to the prescript purposes”.
Those who are entitled to benefit from return of waqf fund management are almawquf ‘alaih. The beneficiary (mawquf `alayhi) does not have to be a Muslim. Waqf for welfare of non-Muslim is valid provided he/she is not hostile. Safiyah, the wife of the Prophet, made waqf in favor of her Jewish brother. The way of a waqif stating his/her asset or fund as waqf is called sighah.