27 Oct What is a waqf and for what purposes can a waqf be created

What is a waqf and for what purposes can a waqf be created? Are bequests to a waqf exempt from the 1/3 restriction on testamentary dispositions? Can adult Muslims give away their entire property by way of gift to a waqf or can their heirs prevent this, so that they are not deprived of their Qur’anic share of the inheritance?

O *Homework Help – Q&A frc X | Homework Help – Q&A frc X | G Google Play X Microsoft Outlook – Get O X Introduction to Islamic law X + Q X C 88 laws.elearning.london.ac.uk/pluginfile.php/131261/course/section/5043/LA3028_VLE.pdf G Beta O Bar Google Speedtest QuillBot Al Grammarly ] Turnitin M Gmail (Office 365 WhatsApp Course Hero VLE : Portal YouTube Netflix << Introduction to Islamic law 125 / 135 62% + … the more remote’ has been eroded by legislation in Egypt, Kuwait and Pakistan. 4. Ibrahim died leaving behind the following relatives: his wife; his mother; his father; one son; one daughter; one full brother; and one full sister. Citing relevant authorities, explain the specific share of each of these relatives in his estate under both the Sunni and Shi’ah schemes of inheritance, indicating the capacity in which each entitled person would inherit 11.6 Waqfs The gift of property, whether real or personal, by a Muslim for a purpose that is recognised by Islamic law as religious, pious or charitable constitutes a waqf (trust). The dedication of the property has to be permanent both as regards the purpose of the waqf and as regards the period of the dedication (i.e. the waqf must be established in perpetuity). The person establishing the waqf loses his ownership of the waq property and the property of the waqf cannot be alienated by the former owner, nor by the administrator of the waqf In the Indian sub-continent the Waqf Act 1995 contains a comprehensive list of the purposes for which a waqf may be created. The list includes, for instance, the support or building of mosques or colleges, the payment of moneys to the poor and the provision for reading of the Qur’an in public places All sane Muslims who are not a minor may dedicate their property by way of a waqf. No particular form is required but a waqf created by will or made in death-illness cannot exceed more than 1/3 of the estate of the donor unless the heirs give their consent after the death of the testator. A waqf will not be declared invalid only because the PAGE 118 UNIVERSITY OF LONDON specified objects of the waqf happen to fail. In such a situation the doctrine of cy pres will be applied and the income of the waqf will be applied to objects as near as possible to the objects that failed. FURTHER READING Rahman, H. ‘The role of pre-Islamic customs in the Islamic law of succession’ 1988) 8 Islamic and Comparative Law Quarterly 13-29 " Kimber, R. ‘The Qur’anic law of inheritance’ (1998) 5 Islamic Law and Society 291-325. SELF-ASSESSMENT EXERCISES . What is a waqf?