Does a Waqf need a charitable purpose?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
The jurists have identified different types of Waqf such as family Waqf, charitable Waqf and joint Waqf. A family Waqf is one which is initially setup solely to serve one’s family. A charitable Waqf is one which is setup to serve the public interest and a charitable avenue from the outset. A joint Waqf is one which is launched to serve a number of different areas both private, public and charitable.
Jurists have differed on whether a Waqf needs to have an explicit charitable purpose mentioned within the Waqf constitution. The Maliki and Shafi’i jurists state that it is not necessary for a charitable purpose to be defined within the Waqf constitution as the Waqf is a charitable performance in and of itself. Thus, they permit the Waqf constitution highlighting the rich as the sole beneficiaries. The Hanafi scholars are of the view that the Waqf must have a charitable purpose explicitly mentioned in the constitution. As such, a Waqf constitution cannot simply state the rich as the sole beneficiaries since this is not a charitable purpose. For the Hanafi jurists, a Waqf must have an eventual perpetual charitable purpose highlighted within the beneficiaries.
And Allah Alone Knows Best
Mufti Faraz Adam,
I Waqf Shariah Advisor