What establishes something as a Waqf?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Although Islamic jurists state that the mere utterance of something as Waqf designates an asset as Waqf, that was in a context where such pronouncements was accepted and recognised. Such utterances had legal value. The asset would be given legal recognition as Waqf and would enjoy all legal rights as Waqf. However, in our circumstances today, the mere utterance of Waqf is not recognised by the legal framework. It is only recognised morally among Muslims as something sacred. Therefore, to protect the long-term interests of Waqf and to ensure that the beneficiaries of the Waqf and the wishes of the Waqif are respected, a Waqf should be formulated legally whilst adopting the most favourable legal structure which align with the overall objectives and interests of Waqf.
And Allah Alone Knows Best
Mufti Faraz Adam,
I Waqf Shariah Advisor