What is the rule of Islam in waqf issue ?

1 Answer

Answer :

Waqf means to keep the original property tied and to give its benefits in the way of Allah. The purpose of the original here is that the property can be benefited by keeping the original bound ; Such as- houses , shops , farms etc. The purpose here is by benefit - the income from the original property ; Such as- fruits , rent , living in the house etc. The provision of waqf in Islam is that it is a good deed and mustahab. The document is Sahih Hadith. Umar (R) said: O Messenger of Allah! I have found in Khaybar an asset that is more valuable than any asset I have ever had. What do you instruct me about this asset ? He said: "If you bind the original property (waqf) and give it in charity, but the original cannot be sold , cannot be bequeathed and cannot be inherited." Then Umar (R) gave this wealth to the poor and needy , relatives , freedom from slavery , the way of Allah , the wayfarer and the guest. [ Sahih Bukhari and Sahih Muslim] When the children of Adam die, their deeds are suspended ; except for three deeds : charity or knowledge which can benefit them after their death or a good child who prays for them. " Jabir (R) said: "Whoever had the ability among the companions of the Prophet (peace and blessings of Allaah be upon him) has waqfed." Qurtubi said: "There is no difference of opinion among the scholars, especially regarding the waqf of bridges and mosques ; there are differences of opinion in other cases." In the case of waqf, the condition is: to be able to transact by being an adult , independent and understanding. Because waqf performed by minors , ignorant and slaves is not valid. Waqf occurs through two things: 1. Through the instructive words of waqf ; For example , to say that I waqfed this place or made this place a mosque. 2. Through any action that means waqf in human circulation ; For example, someone made his house a mosque and gave people general permission to perform prayers in that place or made his land a graveyard and allowed people to bury him in that graveyard. There are two types of words indicating waqf: first type: direct semantic words ; Such as saying , وقفتُ ( I made waqf) حبستُ (I bound) , سبلتُ ( I gave in the way of Allah) etc. The reason why these words are called direct words is because these words (in Arabic) do not mean anything other than waqf. Therefore, whenever such a word is uttered, it will be declared as waqf ; There is no need to add anything else. The second type: indirect semantic words: such as saying , تصدقتُ ( I donated) , حرمتُ ( I forbade myself from taking advantage of it) , أبادت ( I gave it in the way of Allah forever) etc. Indirect semantic words. The reason why these words are called indirect words is because waqf by these words means other meanings as well. Therefore, if someone utters such a word, then the condition is to make waqf intention with it or to utter one of the direct words or any of the remaining indirect words with it. The method of adding direct words is as follows: تصدقت بكذا صدقة موقوفة محبو محبسة أو مسبلة أو محرمة أو مؤبدة . And the method of adding the indirect meaning of waqf is to say: تصدقتُ بكذا صدقة لا تباع ولا تورث (I donated such property in such a way that it cannot be sold , it cannot be inherited ). There are certain conditions for waqf to be valid. They are: 1. To be able to make waqf transactions ; As mentioned earlier. 2. To be able to continue benefiting from the waqf property by keeping the original intact. Things that do not have an intact root cannot be waqfed ; Such as food. 3. Assignment of waqf property. Therefore, it is not valid to waqf any indefinite property. For example, if someone says that I have waqfed one of my slaves or one of my houses. 4. Waqf must be for good deeds ; Such as- mosques , bridges , miskin , water sources , ilmi books , relatives. Because the purpose of waqf is to be close to Allah. Waqf is not valid in a sector that is not virtuous. For example, waqf for the place of worship of infidels, waqf for atheistic books, waqf for lighting lamps or giving perfume in shrines or waqf for the guardians of shrines. Because these are the acts of sin, cooperation in the work of shirk and kufr. 5. If a waqf is given to a particular person, the condition for the waqf to be valid is that the ownership of that particular person must be established on the waqf property. Since waqf for someone means to make him the owner. So waqf is not valid for a person who cannot be the owner ; Such as dead person or animal. . The condition for waqf to be valid is to be effective immediately. Therefore, it is not saheeh to make waqf by associating it with a specific time-centered waqf or something special. However, if a person makes waqf in connection with his death, then it will be saheeh. As someone said , if I die, my house is waqf for the poor. As narrated by Abu Dawood , " Umar (R) has bequeathed ' Samag ' ( one of his lands) to Sadaqah if anything happens to me ." Everyone knows this. But no one opposed it. So it is ijma (consensus). The waqf associated with death can be done with one third of the wealth. Because it belongs to the category of will.

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