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Sunday, December 19, 2010

Conditions for the validy of waqf

According to Imam Abu Hanifah, the founder of Hanafi school of law, waqf defined as the detention of a specific property from the ownership of founder and dedicating its revenue to charitable purposes in the manner of loan. He was in view that waqf is revocable which means the founder of waqf has the right to return the waqf property to its owner and can also sell it.

However, Abu Yusuf was not in the same picture with Abu Hanifah who stated that waqf is only valid if it is irrevocable.

There are five conditions for the validity of waqf as per outlined below:
  • the founder must be in full posession of his physical and mental faculties, adult and hurr and also having a full ownership.
  • the dedicated property can either be a movable or an immovable property.
  • the founder has to appoint a mutawalli (trustee) either himself, other some specified person in order to manage and administer the waqf property.
  • the beneficiaries should be specified by the founder.
  • the creation of the waqf can be done verbally and also in written.

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