Can I give a share of property as Waqf?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
According to the AAOIFI Sharia Standard on Waqf, a share in a jointly-owned asset can be designated as Waqf. This is also the classical position of the Shafi’i and Hanbali schools. The evidence for this is the famous narration regarding the Waqf of Umar (God be pleased with him) which comprised of his 100 shares of the land of Khaybar which were designated as Waqf land. The Maliki school has a difference of opinion among their scholars in regard to jointly-owned assets which can be divided. Many of the Maliki jurists are of the opinion that it is permissible to give such assets in Waqf. The Hanafi school permits giving a share of indivisible asset as Waqf. However, there is a difference of opinion in regard to assets which are divisible. (al-Bahr al-Ra’iq; Hashiyah al-Dasuqi; Kashaf al-Qina’; Mughi al-Muhtaj)
And Allah Alone Knows Best
Mufti Faraz Adam,
I Waqf Shariah Advisor