What constitutes waqf and how is waqf made permanent?
Editor, MAJALLA Staff asked 3 years ago
Submitted question:
Are mosques and masjids the only form of waqf in Islamic law? Can a waqf be terminated?
Editor, MAJALLA Staff answered 3 years ago
Waqf is a form of gift in which the corpus is detained and the usufruct is set free. The meaning of ‘detention’ of the corpus/object is its prevention from being inherited, sold, gifted, mortgaged, rented, lent, etc.
As to dedication of the usufruct, it means its devotion to the purpose mentioned by the waqif (donor) without any pecuniary return.
Some Jurists consider waqf to be illegal in the Shari’ah and regard it as contradictory to its basic principles except where it concerns a mosque. But this view has been abandoned by all the schools of fiqh.
Perpetuity and Continuity:
All schools, except the Maliki, concur that a waqf is valid only when the waaqif intends the waqf to be perpetual and continuous, and therefore it is considered a lasting charity (hasana jariya).
Hence if the waaqif limits its period of operation (such as when they makes waqf for 10 years or until an unspecified time when he would revoke it at his own pleasure, or for as long as they or their children are not in need of it, etc.) it will not be considered a waqf in its true sense.