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Template:Fiqh-Eco A Waqf also spelled Wakf (Arabic: وقف, pronounced [ˈwæqf]; plural Arabic: أوقاف, awqāf; Turkish: vakıf) formally known as Wakf-alal-aulad is an inalienable religious endowment in Islamic law, typically denoting a building or plot of land for Muslim religious or charitable purposes. The donated assets are held by a charitable trust. The grant is known as mushrut-ul-khidmat, while a person making such dedication is known as Wakif.[1][2]

Definitions

The term waqf literally means detention. The legal meaning of Waqf according to Imam Abu Hanifa is the detention of specific thing in the ownership of waqif and the devoting of its profit or products "in charity of poors or other good objects".

Imam Abu Yusuf and Imam Muhammad Says: Waqf signifies the extinction of the waqf's ownership in the thing dedicated and detention of all the thing in the implied ownership of God, in such a manner that its profits may revert to or be applied "for the benefit of Mankind".

There is no direct injunction of the Quran regarding Waqf, but there is a hadith which says "Ibn Umar reported, Umer-Ibn-Al- Khitab got land in khyber, so he came to the prophet Muhammad Swl and asked him to advice him about it. The Prophet said, if you like, make the property inalienable, and give the profit from it to charity." Waqf means the permanent dedication by a Muslim of any property for any purpose recognized by the Muslim law as religious, pious or charitable.

Wakf in India

Early references to Wakf in India, can be found in 13th century CE work, Insba-i-Mahru by Aynul Mulk Mulltani, described by historian Ziauddin Barani as one of the officers of Jalal ud din Firuz Khilji (r. 1290-1296) first Indian ruler of the Delhi sultanate and the founder of the Khilji dynasty. According to the book, Sultan Muizuddin Sam Ghaor (f. 1195-95 A.D.) dedicated two villages in favour of Jama Masjid, Multan, and, handed its administration to the Shaikhul Islam (highest ecclesiastical officer of the Empire). In the coming years, several more wakfs were created, as the Delhi Sultanate flourished. [3]

As per Wakf Act 1954 (later Wakf Act 1993) enacted by Government of India, Wakfs are categorized as (a) Wakf by user such as Graveyards, Musafir Khanas (Sarai) and Chowltries etc., (b) Wakf under Mashrutul-khidmat (Service Inam) such as Khazi service, Nirkhi service, Pesh Imam service and Khateeb service etc., and (c) Wakf Alal-aulad is dedicated by the Donor (Wakif) for the benefit of their kith and kin and for any purpose recognised by Muslim law as pious, religious or charitable. After the enactment Wakf Act 1954, the Union government directed to all the states governments to implement the Act for administering the wakf institutions like Mosques, Dargah, Ashurkhanas, Graveyards, Takhiyas, Iddgahs, Imambara, Anjumans and various religious and charitable institutions.[4]

In India, the management of Wakf is undertaken by the Central Wakf Council, India, a statutory body under Government of India, which also overlooks State Wakf Boards.[5] In turn the State Wakf Boards work towards management, regulation and protect the Wakf properties by constituting District Wakf Committees, Mandal Wakf Committees and Committees for the individual Wakf Institutions. [4] As per the report of Sachar Committee (2006) there are about 5 lakh registered Wakfs with 600,000 acres (2,400 km²) land in India, and Rs. 6,000 crore book value.[6][7]

Funding of schools and hospitals

An Old Waqf DocUment

After the Islamic waqf law and madrassah foundations were firmly established by the 10th century, the number of Bimaristan hospitals multiplied throughout Islamic lands. In the 11th century, every Islamic city had at least several hospitals. The waqf trust institutions funded the hospitals for various expenses, including the wages of doctors, ophthalmologists, surgeons, chemists, pharmacists, domestics and all other staff, the purchase of foods and medicines; hospital equipment such as beds, mattresses, bowls and perfumes; and repairs to buildings. The waqf trusts also funded medical schools, and their revenues covered various expenses such as their maintenance and the payment of teachers and students.[8]

See also

Further reading

  • Real property, mortgage and wakf according to Ottoman law, by D. Gatteschi. Pub. Wyman & Sons, 1884.
  • Waqf in Central Asia: four hundred years in the history of a Muslim shrine, 1480-1889, by R. D. McChesney. Princeton University Press, 1991. ISBN

069105584X.

  • Wakf administration in India: a socio-legal study, by Khalid Rashid. Vikas Pub., 1978. ISBN 070690690X.

Notes

  1. ^ Introduction Tamilnadu Wakf Board website.
  2. ^ Ariff, Mohamed (1991). The Islamic voluntary sector in Southeast Asia. Institute of Southeast Asian Studies. p. 42. ISBN 9813016078.
  3. ^ Muslim Personal Law - An Exposition By Athar Husain. All India Personal Law Board.
  4. ^ a b What is Wakf Andhra Pradesh Wakf Board website
  5. ^ Subjects allocated Ministry of Minority Affairs website.
  6. ^ Community on the margins
  7. ^ Wakf Central Wakf Council, India website.
  8. ^ Micheau, Francoise, "The Scientific Institutions in the Medieval Near East", pp. 999–1001 {{citation}}: Missing or empty |title= (help), in (Morelon & Rashed 1996, pp. 985–1007)

References

External links