Division of Waqfs

Waqfs may be divided into:

1) Khayri, i.e. charitable such as for the benefit of mosques, hospitals, etc.

2) Ahli, that is intended to support a family in which the object aimed at is the perpetuation of a family in good circumstances, by affording it the support of an income of an estate.

A waqf needs not necessarily be executed in writing, but in case it is not writing the donor must expressly declare it before witnesses, i.e. state specifically before them:

a) His intention to make the endowment.

b) Description of the nature of the endowment, its income, etc.

c) He must provide for its coming into force immediately the declaration is made.

A waqf can be made of one-third part of the donor’s property, the remaining two-thirds being left to his heirs, but the donor may increase the quantity by making a gift during his lifetime. Once a waqf is properly made and comes into force, it cannot be revoked even by the donor.

In case a mosque is erected, it becomes public property as soon as any man makes his prayer in it. A Waqf is administered, according to the terms of its endowment, by one or more trustees. A single person supervising the administration is called Nazir, i.e. manager or administrator; he is paid for his services from the income of the estate to the extent of one tenth of the net income. The founder himself can become the Nazir during his lifetime, if he so provided, and be succeeded by one of his family. But in case another is appointed under the terms of the endowment, the founder or his descendants cannot interfere with the management, so long as it is administered according to the terms and conditions laid down in the endowment. If a Nazir fails to carry out his duties honestly, or if he is proved incompetent, it is left to the magistrate [qadi] to dismiss him and to appoint a competent man. If an endowment is not utilized for the intended purpose, it becomes the property of the donor of his heirs. 

The endowed property must be free from the claim of creditors. A man cannot make an endowment of his property in favour or of his children if he in heavy debt, and if his object is to escape payment of his lawful debts.