Do the beneficiaries need to accept the Waqf proceeds to be entitled to the Waqf?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
According to the AAOIFI Sharia Standards, a beneficiary does not have to accept the Waqf proceeds to be entitled to the Waqf. This is also the classical view of the Hanbali school (Kashaf al-Qina’).
If the immediate beneficiary is assets or property such as a Masjid or infrastructure, then there is no need for any acceptance. An offer or declaration of Waqf is sufficient for the entitlement to the Waqf. If the Waqf beneficiaries are a type or class of people such as the poor, then the Waqf beneficiaries do not need to accept the Waqf proceeds to be entitled to the Waqf either. A Waqf declaration is sufficient for the beneficiaries to be entitled to the Waqf proceeds. This is the position of all the classical schools of Fiqh. (Hashiyah ibn Abidin, Hashiyah al-Dasuqi, Mughni al-Muhtaj, al-Rawdah)
If the Waqf beneficiary is someone specific, then the jurists have differed whether the beneficiary has to acknowledge and accept the Waqf. According to the Hanafi, Maliki and Shafi’i schools, it is necessary for the beneficiary to accept the Waqf proceeds to be entitled to the Waqf. If they reject, the Waqf share will be allocated to charitable avenues. According to the Hanbali school, the beneficiary’s acceptance is not a condition. The AAOIFI Sharia Standards have adopted this view.
And Allah Alone Knows Best
Mufti Faraz Adam,
I Waqf Shariah Advisor