THE BOOK OF WAKAF
I. The Book of Wakaf
Definition and Requirements of Objects:
Wakaf is the act of retaining ownership of an object and donating its benefits or proceeds for the public good. Objects that may be donated must be tradable, durable (remaining physically present), and provide ongoing benefits, such as land, buildings, or trees. Conversely, objects that are disposable or have a temporary physical existence, such as money (a medium of exchange), food, or perfume, are not valid for waqf.
Provisions and Management:
Purpose: Waqf is only permitted for charitable purposes and for things that are good (makruf) (good according to sharia).
Legal Status: Waqf items may not be sold, donated, or inherited.
Manager (Nadzir): The person managing the waqf is permitted to take sufficient benefits from the waqf to feed themselves or others, provided that the goal is not to accumulate wealth.
How to contract: Waqf is considered valid through verbal words or actions that show the intention of waqf, for example building a mosque and allowing the public to pray there.
Changes and Distribution:
Waqf goods may not be sold unless their benefits have been completely lost. If this happens, the item is sold and the proceeds must be purchased for a similar item that is more useful (for example: a mosque that is no longer in use is sold to build a mosque in a new location). Distribution of waqf proceeds must follow the terms and wishes of the waqf. If it is donated to children and grandchildren, men and women receive the same rights unless the waqf determines different portions.
II. Grants Chapter
A gift is a voluntary and free gift of property rights made while the giver is still alive. The gift contract becomes valid through an offer (ijab), acceptance (qabul), and physical delivery of goods.
Cancellation and Fairness Provisions:
Prohibition of Taking Back: Once the goods are received, the gift becomes binding and cannot be asked for back. The only exception is a father's gift to his son; father is allowed to withdraw the gift.
Fairness to Children: When giving to children, parents are encouraged to be fair and give equal portions of their inheritance.
Lifetime Gift (Umra): If someone gives a house "for life" to the recipient, then the house becomes the permanent property of the recipient and their heirs. However, if the language is simply "live in my house for life," then it is only a right of use and the owner may withdraw it at any time.
III. Chapter on Gifts to the Sick
Gifts made by someone in a critical illness or life-threatening situation (such as nearing execution, in the midst of fierce battle, or when a ship is caught in a storm) are treated the same as a will.
Six Key Provisions:
One-Third Limit: Gifts to people other than the heirs are limited to a maximum of one-third of the total estate. Gifts to heirs are invalid unless approved by all other heirs.
Lottery System: If someone frees several slaves but his wealth is insufficient to free them all (exceeding the one-third limit), a lottery is held to determine who is entitled to be freed.
Time of Determination of Value: The value of one-third of the estate is calculated at the time of the donor's death, not when the gift is made.
Debt Priority: If the donor has debts equal in value to their estate, then the gift or freeing of slaves is void to cover the debt.
Heir Status: The calculation of whether someone is an heir or not is determined at the time of death. For example, a gift to a sibling is valid if the donor is childless at the time of their death, but is void if they have a son.
Heir Permission: The heir's approval or rejection of a gift exceeding one-third is only considered valid if it is made after the donor's death.
Difference between Gifts (Athiyah) and Wills (Washiyah):
Regarding Gifts for the Sick (Athiyah) Wills (Washiyah)
Time of Effectiveness: Effective immediately. Effective after the donor's death.
Ownership of Proceeds: The proceeds from the business of the goods pass to the recipient upon receipt. The proceeds from the business of the goods remain the property of the donor until their death.
Binding Contract: The nature of the contract is binding and cannot be unilaterally canceled. Can be canceled or changed at any time.
Priority Order: Priority given to the first recipient if the total exceeds one-third of the assets. All recipients are treated equally, and their share is reduced proportionally if it exceeds one-third.
Reference:
umdatul fiqh
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