Does the beneficiary own the Waqf asset?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
According to the majority of scholars, Waqf is given special status and attributed to Allah in terms of ownership. The ascription to Allah grants the Waqf special status; It acts as a barrier to prevent people tampering with the Waqf. Likewise, the Waqf remains perpetual as the owner – Allah – is Ever-Living.
However, the Maliki jurists are of the view that the Waqif retains curtailed and weak form of ownership whereby he is forbidden to use and dispose it as his discretion.
And Allah Alone Knows Best
Mufti Faraz Adam,
I Waqf Shariah Advisor