In principle, the founder of the waqf (waqif) determines the type of management of the waqf. Nadzir is a person/entity that is assigned to manage waqf fund. However, some flexibility is afforded through the differences of the schools of jurisprudence. Abu Hanifah, for example, allows changing the conditions of the waqif when the beneficiaries or the purpose of the waqf come to an end.
Mutawalli- Capacity, Status, Powers
If a waqif does not appoint a nadhir, then Kadhi (Islamic Judge) will do it for him/her. Nadhir’s responsibilities include Maintaining waqf asset, preparing waqf asset for rent, managing waqf fund, collecting waqf investment returns and distributing them to al-mawquf ‘alaih. Fiqh expert can expand these authorities as needed. EXCHANGEABILITY (ISTIBDAL AL-WAQF).
There is no disagreement that all waqf if cease to serve their objectives could be exchanged with other similar properties and dedicated for the same purposes. However, jurists disagreed on abandoned mosque; majority disallows it but Hanabilah approved its sale or its land and purchasing another one instead. Kinds of Waqf Waqf under Islamic law is classified in two categories, which are waqf for children and the family (waqf al-ahli); and charitable waqf (waqf al-khayri). The family waqf, on the other hand, signifies dedicating one`s asset as approve by Shari`ah in favour of ones own and ones children and subsequently dedicating it to philanthropic causes.
-First, is family waqf
-Second, is the welfare (philanthropic) waqf
-Third is waqf mushtarak (combinded welfare and family waqf)
Purpose of the Waqf
The Purposes of the Shari`ah (maqasid al-shari`ah) :Every law is oriented towards certain purposes. The Shari`ah, being a divinely inspired code for human conduct, also has its own aims and objectives. Its primary goal is to free man from the grips of his own whims and fancies so that he may become a true servant of God. Distribution of Wealth; Concept of Helping poor and needy humans; Sadqat Nafilah ; Sadqa Jariya and Kafalah (Guardianship) of Family
To revive the lost practice of waqf , among others, we need to reinstate the role of waqaf khayri which in broad terms not only covers making waqf for religious ends but other public welfare aspects such as education, health care, charity establishments, research projects etc. To us to do this we need to take a maqasid – oriented approach to the concept of waqf.