The term waqf literally means "confinement and prohibition" or causing a thing to stop or stand still. Different views were expressed on the sharia definition of waqf. "The waqf is the possession of a thing as the property of Allah." That is, what is established by waqf ceases to be the property of the founder of waqf and becomes the property of Allah. The profit from the establishment of the waqf is spent on those (for example, students, travelers and the poor) to whom the founder of the Waqf appoints at its establishment, and the reward from this will be eternal for the founder of the Waqf. The fact that the Waqf was established, not sold, not given away and is not inherited.
The National encyclopedia of Uzbekistan provides the following information about Waqf:
The word "Waqf" comes from the Arabic language — it is property allocated by the state or individuals in Muslim countries for religious needs or charitable activities. Issued in waqfnama. Land and water, housing, school, mosque, hospital and others may be the property of waqf. The person who transferred his property to the waqf loses ownership of the property. But he or his family members or a third party may retain the right to administer the waqf property to determine whether the waqf property is being used for the purposes mentioned in the waqfnama. Children or other generations of persons who transfer their property as waqf property may receive benefits from the income derived from that property. Control over waqf property is exercised by the head of state or the qadi under qharia law. This regime is still applied in some Eastern countries.
The chapter on definitions relating to waqf:
Waqf is to keep the original and benefit from it to use it for most. The word “original” means the possibility of using something leaving the basis. Such as estates, shops, orchards, etc. The word "profit" means income from this original. Fruits, rent, house accommodation and so on. The definition of waqf is "Kurbat", i.e. prayer, which is "Mustahab" (obligatory) in Islam. The proof of this is the true sunnah:
- In the book "Sahihain" it is said that [Abdullah] Ibn Umar, may Allah be pleased with him and his father, says: "Having received the land in Khaibar Umar, may Allah be pleased with him, came to the Prophet, peace be upon him and the blessings of Allah, and said: "O Messenger of Allah, I received the land in Khaibar and I have never had property more valuable than this land. What do you want me to do with it?” [The messenger of Allah, peace be upon him and the blessings of Allah] said, “If you like, make the property inalienable and give the profit from it to charity.' It goes on to say that Umar gave it away as alms, that the land itself would not be sold, inherited or donated. He gave it away for the poor, the relatives, the slaves, the jihad, the travelers and the guests. And it will not be held against him who administers it if he consumes some of its yield in an appropriate manner or feeds a friend who does not enrich himself by means of it." (Abu Dawud /2878/)
-Imam Muslim says in the book "Sahih", the Messenger of Allah (peace and blessings of Allah be upon him) said: "When a person dies, all his deeds cease except for three: continuous alms (sadaqah jariah), knowledge that other people can use, or a righteous child who will turn to Allah with pleas for him." (Muslim (1631) from Abu Hurayra).
-Passed from Jabir (Allah be pleased with him): “If any of the companions of the Messenger of Allah (peace be upon him) could afford, then surely established the waqf.” (Al-Mughniyah: 5/348).
-Kurtubi (may Allah have mercy on him) says: "Among the imams there is no disagreement in holding bridges and mosques (as waqf), they argued in other things besides these.” (Kashful-Kino:4/240).
The founder of the waqf must be free, of age and reasonable. A slave can not be the founder of the waqf, because he does not have his property, to the point that he himself belongs to another, namely his master. Similarly, waqf is not able to carry out a child who has not reached the age of majority, as well as insane, even if the waqf is carried out in the presence and consent of their guardians. As well, their guardians forbidden to make waqf of anything from their property.
Waqf is formed by one of the following two steps:
1.With the words pointing to the waqf "I made this place a waqf or made it a mosque".
2.The action of pointing to the waqf in the folk tradition. For example, as the one who made his yard a mosque and gave permission to all to read namaz, or as the one who made his plot of land a cemetery and gave permission for the burial of all.
Words about the establishment of the Waqf are divided into two parts:
Part one: Open words. Such as "I made a waqf, kept on waqf, did good to all, called waqf. It is an open word which usually does not indicate another value in addition to the waqf. If one of these words is said, it means that he has done the waqf and there will be no need for other additional work.
Part two: allegory (i.e. in the meaning of waqf). With words such as, "I made a waqf, currently banned, left forever. Such words are called allegory. Because of them you can understand the meaning of waqf and other meanings. If someone expresses these expressions, he must also have the intention of waqf with them. Or he should add one of the phrases expressing the open waqf, or add another of the allegory. For example, with expressions like "I sacrificed what was made waqf, I sacrificed what was forbidden (to me), or I sacrificed what remains forever" or "I sacrificed what is not sold and is not inherited."
There are several conditions for the waqf to be genuine. They are the following:
1.The person who establishes the waqf must be, as mentioned above, a capable person.
2.What is made a waqf should be a thing that benefits from it will be long lasting and the original will be preserved. It's not good to make a Waqf of something that ends up using, for example, food.
3.What is being done by the Waqf must be something specific. It is unacceptable to make a waqf is not specific (indefinite) object. That is, for example, it is not good to say, "I made a waqf of one of my slaves or one of my houses."
4.Waqf should work for the good. Because the goal from him is to create closeness to Allah. Such actions as the construction of mosques, bridges, watering places where there is no drinking water, spend on scientific books, the poor and relatives. It is not good to establish waqf for things that are not considered good. To make waqf on temples, for books of blasphemy, on burning of lights and candles on cemeteries or on Ministers (sheikhs) who are engaged in these affairs, are also unacceptable. Because these deeds are considered to be a help to sin, paganism and unbelief.
5.In order for the waqf to be suitable for a particular person, a person must be a person capable of owning any property. Because waqf means giving something as property. It is unacceptable to make a waqf to a dead person or an animal that is not suitable for property ownership.
6.For the waqf to be suitable, it must be permanent. It is not acceptable to make a temporary or non-permanent waqf property. It is acceptable to associate the waqf with his death and say, “Let my home become a waqf for the poor after my death."Yahya Ibn Said reported about the alms of Umar Ibn al-Khattab, may Allah be pleased with him:' Abdul Hamid Ibn Abdullah Ibn Abdullah Ibn Umar Ibn al-Khattab copied this document for me: "It is written by the servant of Allah Umar about the Samg [land left as alms]... "' And he retold a story like that of Nafi, and said:" ...receiving no other profit, and the rest of the fruit must be given to the beggar and poor". And he retold the story to the words: "And if the one who looks after the Samg wills, he can buy slaves to work with the proceeds of the sale of the fruit." Recorded Muaikib, as witnessed by Abdullah Ibn al-Arqam: "With the name of Allah, most gracious, most Merciful. It is bequeathed to a slave of Allah, Umar, the ruler of the faithful, if with it something happens. Samg, the palm trees of Ibn al-Aqwa, and the slave who is there, and the hundred shares in Khaibar with his slaves who are there, and the hundred that Muhammad gave him, peace be upon him and the blessings of Allah, in the valley, are at the disposal of Hafs. If she dies, then all this must be managed by the most reasonable of her family. This property should not be bought or sold. The Manager should spend the income from it on beggars, the poor and relatives at his discretion. If the administrator of the property eats what it brings, within reason, or feed them to someone, or buy slaves for a profit, there will be nothing wrong." (Abu Dawud /2879/)
Another decision concerning waqf is that the condition of the founder of the waqf must be met if it is not contrary to the sharia. Abu Hurayra, may Allah be pleased with him, reports that the Messenger of Allah, peace be upon him and the blessings of Allah, said: "Reconciliation [under certain conditions] (sulh) between Muslims is permitted." In Ahmad's version it is added: "...except for reconciliation, which declares the forbidden permitted, and the permitted — forbidden". And Suleiman Ibn Dawud adds: "The Messenger of Allah, peace be upon him and the blessings of Allah, said: "Muslims must abide by their conditions." (Abu Dawud /3594/) Because Umar, may Allah be pleased with him, made a waqf and at the same time inserted a condition. If it were not for the obligation to comply with the conditions, it would be useless to set a condition.
If the condition is limited to the part of the waqf or have determined to put some copyright holders earlier than the rest of the owners or have determined that the copyright holder had some quality or vice versa, have determined that the holder does not have any quality or was determined to be the supervisor of a waqf, or put other conditions. If the condition does not contradict the sunnah, it is required to comply with it.
If it has not conditioned anything, then both rich and poor, men and women can be its equal rightholders.
If the waqf did not appoint a warden or appointed someone, but he died, then the supervision rests with the rightholder on the waqf which is a certain person. In the event that the waqf was made on some aspect, such as a mosque, or the poor who do not have a certain account, the control of the waqf rests with the governor, or some person from the governor's side will be the deputy.
The overseer must be God-fearing and lead the waqf beautifully. Because that's the contribution he's making.
If he made waqf to his children, then his sons and daughters will be equal. Because he left them with him. But a partnership requires equality of it all. And also, if he does something as a waqf for his children and then for his subsequent descendants, the waqf goes to the children of his sons and not to the children of his daughters. Because they're descendants of another man, and they belong to their fathers. They are not part of those whom Allah mentioned in the Surah of Nisa, verse 11: "Allah has commanded the inheritance of your children." Some of the Ulema said that they too were among their children. Because the daughters and children of their daughters are also their descendants. Allah knows best.
If he says, "Let there be a waqf for my children, or the children of so-and-so," the waqf will be inherent in sons. Because, the word "children" (منين) means "sons". As Allah Subhana Wa Ta'ala said: "(O polytheists), Does He have daughters (البنات) and you have sons (البنون)?!"(At-Tur: 39). But if the owners of the waqf are one tribe, such as the Banu Hashim (children of Hashim), the Banu Tamim (children of Tamim), then the women are among them. Because the name of the tribe includes both men and women.
If the waqf is a mosque, but is not used, that is, for example, the quarter where the mosque is located was destroyed, then it must be sold, and the money should be spent on another mosque. If the profit from the waqf of the mosque exceeds the required level, the excess funds should be spent on another mosque. Because it will be seen as using the waqf according to its true purpose. It is also good to donate an excessive amount of profit from the waqf of the mosque to people in need.
If someone made a waqf to a specific person and, for example, said, "Let it be waqf to Zaid. He will be given 100 (...) from waqf every year." Profits over 100 (...) will be saved. According to Sheikh ul-Islam Ibn Taymiyya (Allah have mercy on him), if it is obvious that profit is always excessive, it will be spent (al-Fatawa-Kubra: 4/514).
If someone made waqf to the mosque, but then the mosque was destroyed and it was impossible to spend on it from waqf, then the funds would be spent on other mosques like this one.