Classifying Waqf Property
While the Prophet Muhammad (PBUH) did not establish a formal classification system for waqf during his lifetime. However, the various schools of fiqh classified it later differently. This article will explore two main categories: beneficiaries (al-mawquf ‘alaihim) and the endowed property itself (al-mauquf).
By Beneficiaries (al-Mawquf ‘Alaihim)
Under this category, waqf can be divided into three types: public waqf (waqf khayri), family waqf (waqf dhurri), and combined public and family waqf (al-waqf al-mushtarak).
- Public waqf (waqf khayri): This type of waqf is established to benefit the general public and improve the well-being of society’s poor and needy. Founders typically create public waqfs in the form of buildings like mosques, schools, hospitals, orphanages, and guesthouses, and provide essential infrastructure, and surrounding land for cemeteries, wells, and so on. Notably, the Prophet (PBUH) himself created this type of waqf and encouraged his companions to do the same.
- Family waqf (al waqf al-dhurri, al-waqf al-ahli, waqf ‘ala’-wlad): These terms all refer to the same concept – a waqf designated for the founder’s family members. In this scenario, the founder donates property to their children, grandchildren, relatives, or other specified individuals. If the designated beneficiaries are no longer alive, the waqf property can be used for public purposes. The Prophet (PBUH) endorsed this type of waqf by encouraging his companions to provide for their closest relatives through endowments. He even indicmiriated that giving to one’s family to meet their needs is a more pious act than giving charity to strangers.
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By Waqf Property (al-Mawquf)
This category classifies waqf into three sub-categories: immovable and movable property, valid waqf (waqf sahih) and invalid waqf (waqf ghair sahih), and direct and indirect waqf.
- Immovable and movable property: Immovable property encompasses land, fields, farms, buildings (mosques, schools, hospitals), and basic infrastructure (bridges, roads, water supply). Movable property, on the other hand, includes livestock, farming tools, books, money, crops, weapons, and shares in joint-stock companies.
- Valid waqf (waqf sahih) and invalid waqf (waqf ghair sahih): A valid waqf is one established using mulk land (freehold land), meaning private property with full ownership rights for the owner. In contrast, an invalid waqf is one founded on land originally classified as miri (state-owned land) belonging to the government’s public treasury.
- Direct and indirect waqf: This classification is a recent development by contemporary Muslim scholars. Direct waqf refers to establishing a waqf that provides free services to the public, such as building mosques, schools, hospitals, and libraries to enable people to pray, receive free education, and get medical treatment at no cost. However, to ensure the continued operation of direct waqf, indirect waqf is necessary. Indirect waqf involves creating endowments in the form of shops, houses, or agricultural land that can be rented out, with the income used to support the direct waqf.
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Key Restrictions on Waqf
Muslim jurists (legal scholars) agree that once a property becomes waqf, it is subject to three key limitations.
1. Irrevocability
The first restriction is that a waqf cannot be revoked after it is created. This is a fundamental feature of waqf, as there is unanimous agreement among Muslim jurists that the founder cannot reclaim their dedicated asset once it has been declared waqf. This signifies that a waqf becomes permanent upon the founder’s declaration, and neither they nor their heirs can alter its status. These limitations are in place to guarantee that when a waqf is established for charitable purposes, the founder or their descendants cannot take it back. This ensures that the benefits continue for the greater good, and the founder receives ongoing rewards from Allah even after their passing, as highlighted in the Hadith of the Prophet Muhammad (PBUH).
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2. Perpetuity
The second restriction is that a waqf becomes perpetual once established. Muslim jurists believe that a waqf must last forever after its creation. This ensures that waqf property cannot be confiscated by the government or individuals and guarantees ongoing and consistent support from this property towards funding essential goods and services in Muslim communities.
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3. Inalienable
The third key restriction is the inalienability of the waqf once it is created. This feature originates as the property of waqf is transferred to Allah yet the usufruct derived from it can benefit man. All jurists agreed that no one can ever become the owner to alienate it and that waqf property is thus in nature like an inheritance, or any alienation whatsoever. These three conditions and restrictions will secure a continual benefit for present and future generations
Understanding waqf classifications and restrictions is essential for its effective management and utilization. By ensuring that waqf is administered properly and used in accordance with its intended purpose, we can help ensure its continued positive impact on society for generations to come.
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References:
A.Mohsin, Magda (2009). Cash Waqf: A New Financial Product. Pearson Malaysia Sdn. Bhd. Petaling Jaya, Selangor.
INCEIF (2010). Islamic Wealth Planning and Management. Kuala Lumpur, Malaysia: International Centre for Education in Islamic Finance.
Mohsin, M. I. A., & Muneeza, A. (2020). The institution of waqf: An innovative financial tool for socio-economic development. Kuala Lumpur, Malaysia: Pearson Malaysia.