1. MAHYUDDIN KHALID  emkay@salam.uitm.edu.my

2. CONTENT
 DEFINITION
DEFINITION
 EVIDENCES
EVIDENCES  PILLARS OF WAQF
 CONDITIONS OF WAQF
PILLARS
 TYPES OF WAQF
CONDITIONS
 CHARACTERISTICS OF WAQF
TYPES
CHARACTER
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3. DEFINITION
 Literally:
DEFINITION
 To stop, to hold, to restrain , to detain, to prevent or
preventing from disposition
EVIDENCES
 Technically:
PILLARS  Irrevocable dedication of a portion of ones wealth for
the purpose of expending its usufructs to legitimate
CONDITIONS
causes or charitable and righteous ends with the
overriding objective of getting closer to Allah.
TYPES
CHARACTER
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4. CONCEPT OF WAQF
 Waqaf institution was most central in financing socio-
DEFINITION religious and public welfare systems during the early
days of Islam.
EVIDENCES
 Waqf (Islamic endowment) played considerable part in
socio-educational, cultural and life-saving aspects of the
Muslims.
PILLARS  Majority of the jurists regard waqf a recommended
benevolent act(tabarru` mundub) as its based on the
CONDITIONS reason on contributing to righteous philanthropic
causes(jihat al-birr/wujuh al-khayr) which is
recommended by textual sources, namely the Qur`an
TYPES and Sunnah.
 The Hanafi jurist, however disagreed by saying that
CHARACTER waqf in terms of legal value is merely a permissible
venture (mubah) mainly because it can also be made by
non-Muslims.
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5. EVIDENCE
 Al-Qur‟an
DEFINITION
EVIDENCES
PILLARS
CONDITIONS
TYPES
CHARACTER
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6. EVIDENCE
 Hadith:
DEFINITION
 Reported by Muslim from Abu Hurairah r.a that
Prophet (P.B.U.H) said; “when a son of Adam dies, so
EVIDENCES
does their deeds except for three things: alms giving, or
benefited knowledge, or pious son who pray for them”
PILLARS
 Companion of the Prophet in the name of Mukhairiq
made his will that his seven orchards in Madinah be
CONDITIONS
given after his death to Muhammad. When he died, the
Prophet took hold of the orchards and made them a
TYPES charitable waqf for the benefit of the poor and needy.
CHARACTER
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7. PILLARS OF WAQF
 al-Waqif
DEFINITION
 Waqf giver
EVIDENCES  al-Mawquf
 Waqf property
PILLARS  al-Mawquf „alaih
 Waqf recipient
CONDITIONS
 Sighah
TYPES
 Offer
 Acceptance of Waqf
CHARACTER
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8. CONDITIONS OF WAQF
 Conditions of Property
DEFINITION
 Wealth to be declared must be physically tangible items
such as a house or plot of land.
EVIDENCES
 Wealth to be declared must be physically tangible items
such as a house or plot of land.
PILLARS
 Donor must legally own the declared wealth or
property and it must be able to benefits the community
CONDITIONS
and transferable.
 Property must have permanent usability.
TYPES
 Use of the property must be governed by Islamic law.
CHARACTER
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9. CONDITIONS OF WAQF
 Conditions For Contracting Parties
DEFINITION
 The waqif should be legally fit and capable to give
waqf. A child, an insane or a person who does not own
EVIDENCES
the property cannot make waqf.
 The beneficiaries (al-mawquf „alaih) must be alive.
PILLARS
Waqf for the deceased is not permissible.
CONDITIONS
TYPES
CHARACTER
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10. CONDITIONS OF WAQF
 Conditions for Sighah
DEFINITION
 „Aqad is understandable words or writings for any
purpose of waqf whether general waqf or specific waqf.
EVIDENCES
It is compulsory to validate the waqf.
 „Aqad statement is of two types:
PILLARS
 Explicit statement (lafz sarih): A clear statement that
entails one exact meaning only like “I give my house to be
CONDITIONS waqf for the poor people”.
 Implicit statement (lafz kinayah): A statement that have
TYPES more than one meanings like “My property is a charity
(sadaqah) to the poor people”.
CHARACTER
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11. CONDITIONS OF WAQF
 General Conditions:
DEFINITION
 The purpose of waqf must be legitimate
EVIDENCES
 It must be an act of charity from the points of view of
Shariah. Hence waqf for the wealthy alone is not
permissible because it is not a form of charity.
PILLARS
CONDITIONS
TYPES
CHARACTER
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12. TYPE OF WAQF
DEFINITION
Waqf
EVIDENCES
PILLARS
Waqf Dini (Religious Waqf Khairi Waqf Zurri
Waqf) (Philanthropic Waqf) (Posterity/Family Waqf)
CONDITIONS
TYPES A dedication in perpetuity
of the capital and income Dedicating one`s asset as
Mosques and real estates
of an asset, recognized by approve by Shariah in
confined for providing
Islamic law, for favor of ones own and
CHARACTER revenues to spend on
philanthropic causes even ones children and
mosques' maintenance and
if it subsequently is subsequently dedicating it
running expenses
dedicated to specific to philanthropic causes
people
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13. CHARACTERISTICS OF WAQF
DEFINITION
Perpetuity of its dedication
• The implication is that once a property, often a real estate, is dedicated
EVIDENCES as waqf it remains waqf forever.
• Such a waqf property requires lengthy process to be exchanged against
PILLARS
another proper-ty of equivalent value with the approval of the local
authority. It follows that such an exchanged asset must immediate-ly
become waqf for the same purpose and benefi-ciaries of the former one.
CONDITIONS
The inviolability of the founder`s stipulation
• Accordingly, as a matter of principle the revenues of waqf should
TYPES
exclusively be used for the objective stipulated by its founder thus the
managing authority has no any jurisdiction to sway from these
CHARACTER objectives so long as they are compatible with Shariah.
• However, this will be waived if such purposes become infeasible, in
which case the revenue of this waqf should be spent on closest purpose
available and if not it should be spent in favor of the poor and needy
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14. WISDOMS OF WAQF
 To express one‟s submission and piety to Allah
DEFINITION
SWT.
EVIDENCES
 To get close to Allah SWT.
 To get a continuous charity in this and afterlife.
PILLARS  Sharing benefits with Muslim community like
building mosques and schools
CONDITIONS
 To strengthen the unity of ummah.
TYPES
CHARACTER
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15. END OF CHAPTER
DEFINITION
EVIDENCES
PILLARS
CONDITIONS 
TYPES
CHARACTER
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