Penulis advent WAKF or HABS (A.) is well in Arabic masdar meaning “to prevent, restrain”. In Muslim felony terminology it approach usually “to defend a thing”, to save you it from turning into the assets of a third person (tamlik)” (saraksi, mabsut, xii. 27). through it is meant 1. country land, which on being conquered handed to the muslims network both by pressure or by using treaty and remained in ownership of the previous proprietors on payment of the kharadi and could neither be bought nor pledged by using them. 1. the primary principles OF FIQH 1. The founder (wakif) have to have full proper of disposal over his property; he have to be therefore be in complete possession of his mental schools, be of puberty and a unfastened man (‘akil, baligh, hurr). He ought to similarly have unrestricted ownership in the difficulty of the endowment. Endowments by using non-muslims are therefore best legitimate if they may be intended for aq cause no longer incompatible with islam (e.g. Saarisalo, waqf files from Sinai, in studia Orientelia, v. 1934). 2. The item of the endowment (mawquf) should be of a permanent nature and yield and usufruct (man’fa’a), so that it's far broadly speaking actual property. there is a difference of opinion about movables. One phase of the Hanafis regards the granting of movables in an endowment as inadmissible but majority, like the shafi’is and malikis, offers the precept, while it is a case of factors which can be issue of an agreement felony in the shari’a, e.g. animals for his or her milk and wool, bushes for his or her end result, slaves for his or her labour, books for have a look at. There are but here also variations of opinion on the points of detail (thus shirazi does not allow a slave to be made a waqf). Provisions, cash (provision of usury) etc. are in fashionable now not admitted as their substance is consumed; they are able to handiest be the object of sadaka. among the malikis a manfa’a can also be a waqf, e.g. the yield of a chunk of floor which is let for a period of the rent(Khalil, ii. 553). CF. to this question the passages amassed by way of Suhra-wardy, the waqf of movables(JASB, NS. Vii[1915], p. 323 sq.). nowadays in Egypt financial institution credits are also made wakfs (OM, xv, 1934, s. 311). three. the purpose of the endowment need to be a alrightattractive to God (kurba) despite the fact that this is not always apparent at the floor. kinds are outstanding: public nature (mosques, madrisas, hospitals, bridges, waterworks), and wakf ahli or dhurri, own family endowment, for instance for kids or grand children or other relations, or for other individuals; the closing cause of this kind of basis ought to but constantly be kurba, for the terrible as an example. An endowment for oneself is however invalid(except in Abu Yusuf). The shafi’is provide a subterfuge (hila) to stay away from the situation: the component that's to be the subject of the endowment is to be supplied or sold at a decrease fee to the 1/3 person; the latter can then create an endowment in favour of the authentic proprietor. four. The form need not be a written one, even though that is generally the case. The founder ought to virtually express his wishes both through wakaftu, habbastu, sabbaltu, or if he makes use of other formulae by using an addition thast “it must neither be offered nor given away nor bequeathed”, (in any other case it'd best be a sadaka). Thfe founder must similarly describe the object as it should be and nation precisely for what motive and in whose favour the endowment is made. The fiqh works deal very absolutely with the interpretation of the separate expressions describing those for whom the muse is supposed. 5. the subsequent conditions are in addition essential for the completion of legitimate wakf; a. It should be made in perpetuity [mu’abbad], which in the case of foundations for specific people is managed by means of alloitting the proceeds after their dying to the terrible. it is therefore also alienable. b. It must are available to force at once and there ought to be no condition for postponing it (munadjdjaz), except the demise of the founder; but inside the case of a will the founder can most effective make one 1/3 of his assets wakf. c. it's miles an irrevocable prison transaction (akdlazim); but accoding to abu hanifa (now not but his students and the later Hanafis), the foundation can be revoked except when it is linked with the loss of life of the founder (Sarakhsi, mabsut, xii. 27). The Hanafi founder therefore always brings a formal suit towards the administrator for the healing of his property; the decide, who then has the selection among the teaching of Abu Hanifa and that of Abu Yusuf, makes a decision according to Abu Yusuf, because the latter teaches irrevocability, and confirms the wakf with the aid of rejecting the petition. d. most of the Hanafis (also in ibn Laila; Sarakhsi, xii. 35) and the imams there's further required the conveyance (taslim) of the endowment to those for whom it's far intended or rather to the administrator; but according to Abu Yusuf, as inside the different colleges, the endowment is already whole by means of the statement of the founder’s desires(kawl). within the case of a basis for the common correct (mosque or cemetery) the conveyance is completed with the aid of its being used, although most effective through one character. some of the malikis then again, the points noted right here are not essential, e.g. it is able to be revoked now not simplest by way of the founder however also by means of his heirs (Khalil, transl. santillana, ii. 560-61). 6. As muslim legal guidelines does not is aware of the idea of the felony character, opinions differed concerning the location of the waqf inside the law pf belongings. in keeping with one view (Shaibani, Abu Yusuf and the later Hanafis; Shafi’i and his college), the founder’s proper of possession ceases; additionally it is stated that it passes Allah; this however best denies the right of ownership of the founder and that of other mortals. consistent with a 2nd view (Abu Hanifa [cf. there on also shafi’I, umm, iii. 275 sq.] and the malikis) the founder and his heirs maintain the right of ownership; he's however avoided from workout it. in keeping with a third view (some Shafi’is, Ahmad .b. Hanbal), thec possession passes to the beneficiaries (mawkuf alaihi) (cf. e.g. shirazi. Tanbir, ed. Juynboll, p. 164, 7). The ownership within the yield (manfa’a) belongs but, according to all juriss, to the mawquf alaihi. 7. The administration of the waqf,is within the palms of nazir, kaiyim or mutawalli who receive a salary for his services. the first administrator is normally appointed by means of the founder; often he's the founder himself (some of the malikis this invalidates the inspiration). The khadi has a right of supervision; he appoints the administrators and if vital dismisses them(e.g. for forget about of obligation). The form of the management and the use to which the revenues are put depend upon the situations laid down by the founder. The sales ought to however be used normally for the preservation of thfe homes and so on. only the excess goes to the beneficiaries. Agreements to the hire of lands and buildings can best be made for 3 years as a maximum. 8. Extinction of the waqf. If the founder secedes from islam, the foundation turns into invalid and passes to his heirs. Endowment that have misplaced their item fall, consistent with the view held of the location with regard to the law of property, to the valid heirs (a few of the malikis best if they're poor) or they ought to be used for the pooror for the not unusual good in no case may additionally they be confiscated by way of the temporal authorities.