Can I stipulate myself as the beneficiary?
Mufti Faraz Adam has spent almost a decade studying Islamic law. He completed his Islamic studies in the six-year Alimiyyah degree at Darul Uloom Leicester. He then went…Read More
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
According to the Hanafi school and the AAOIFI Shariah Standards, a Waqf can be established where the Waqif is the immediate beneficiary. This is the position of Imam Abu Yusuf of the Hanafi school and it is the dominant position of the school. They reason that an entitlement as a result of Waqf is different to the entitlement that comes with ownership. A Waqf involves transfer of ownership to Allah. When a Waqf is stipulated for oneself, initially, the asset is transferred from one’s ownership, and thereafter, the person is just entitled to the Waqf due to the Waqf deed as a beneficiary and not as the owner.
The Maliki, Shafi’i and Hanbali schools opposed the permissibility of making a Waqf for oneself. However, the Shafi’i and Hanbali school state that if the court or an Islamic authority permits the Waqf for oneself.
And Allah Alone Knows Best
Mufti Faraz Adam,
I Waqf Shariah Advisor
