Judicial Dictionary



Title Wakf/Waqfs
Details

An endowment. Property dedicated to religious or charitable purposes.
A bequest for religious or charitable purposes, an endowment, an appropriation of property by will or by gift to the service of God in such a way that it may be beneficial to men.
“Waqf” means the permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognised by Muslim Law as pious, religious or charitable, and includes any other endowment or grant for the aforesaid purposes, a waqf by user, and a waqf created by a non-Muslim.
Explanation.—When more than fifty per cent, of the net available income of a waqf is exclusively applied for religious and charitable purposes, such a waqf shall be deemed to be a public waqf within the meaning of clause (e) of sub-section (1) of section 85 of the Non-Agricultural Tenancy Act, 1949 and shall be deemed to be a trust for public purposes of a charitable or religious nature within the meaning of section 92 of the Code of Civil Procedure, 1908. ….. [Section 2(10) of the Waqfs Ordinance, 1962]
“Wakf” means the permanent dedication by a person professing the Mussalman faith of any property for any purpose recognised by the Mussalman Law as religious, pious or charitable. ….. [Section 2(1) of the Mussalman Wakf Validating Act, 1913]
Wakf created without making provision for cha¬ritable purposes of permanent nature is not a valid and legal wakf—Provision made by wakif for feed¬ing persons who might be present at his death and burial is not a charitable object to make the wakf valid. ….. [Abdur Rahim vs. Kaplan Mia, (1973) 25 DLR 290]
See also, the Mussalman Wakf Validating Act, 1930; Tahsilhhukta Dorgah (Porichalona o Bebosthapona) Rohitokoron Ain, 1994.