ABSTRACT

A study of the early doctrines relating to waqf throws light on the development of its theory. However, the essential requisites of a valid waqf are property, transfer of ownership, perpetuity, free from conditions or contingencies and valid purpose. The dedicator shall hold undisputed title over the property for its consecration as waqf. The ownership of the property is inherently transferred to God, which ensures its perpetuity. If the waqf is subjected to any condition or contingencies, it becomes void. The purpose of the waqf should have been considered by Muslim Law as religious, pious and charitable. Even when a Non-Muslim is dedicating a property into waqf, the purpose for which the waqf is created should have been sanctioned and approved by Islam. Waqf should not be confused with the English concept of trust or gift. There is a difference between waqf and Trust; waqf and gift; waqf and alms, which deserves to be understood to comprehend waqf.