Can a Waqf be contingent upon a condition being met in the future?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
A Waqf can be conditional and contingent upon a future event. Contemporary scholars permit a contingent and conditional Waqf. This is the position of the AAOIFI Shariah Standards which are adopted globally.
According to the Hanafi, Shafi’i and Hanbali schools, a Waqf must not be conditional. The only exception is making a Waqf conditional upon one’s death. In such a scenario, the Waqf will be executed from the 1/3 Wasiyyah portion. The Maliki school permits conditional and contingent Waqf. [Hashiyah ibn Abidin, al-Rawdah, Mughni al-Muhtaj, al-Mughi]
And Allah Alone Knows Best
Mufti Faraz Adam,
I Waqf Shariah Advisor