Which assets can be given in Waqf?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
According to all jurists, immovable property such as land, buildings, bridges and similar infrastructure can be designated as Waqf. This is based on the following prophetic narration:
Umar (may God be pleased with him) said: “O Messenger of God, I have got wealth from Khaybar and I have nothing that is more precious to me than that. What do you command me to do with it?” He said, “If you wish, you can put it aside and give in Waqf from it (from what it produces), but the original property should not be sold, given away or inherited.” (Sahih al-Bukhari)
Imam al-Qurtubi (may God have mercy on him) said: “There is no dispute among the scholars concerning Waqfs of aqueducts and mosques in particular, but they differed concerning other types of wWqfs.”
According to the relied position of the Shafi’i, Maliki and Hanbali schools, moveable assets can be designated as Waqf. This is based on the famous narration where the Prophet (peace upon him) said:
“If somebody designates a horse for God’s Cause motivated by his faith in God and his belief in His Promise, then he will be rewarded on the Day of Resurrection for what the horse has eaten or drunk and for its dung and urine.” (Sahih al-Bukhari)
Another narration in Bukhari mentions how Khalid ibn Waleed designated his armoury and gear as Waqf. The Hanafi school have some detail with regards to moveable assets. Some Hanafi jurists are of the opinion that moveable assets can only be given as Waqf when they are subsidiary to immovable assets such as land. Other Hanafi jurists such as Imam Muhammad are of the opinion that any movable asset which is customarily designated as Waqf can be given as Waqf. This is the preferred opinion of the Hanafi jurists. (Hashiyah Ibn Abidin)
And Allah Alone Knows Best
Mufti Faraz Adam,
I Waqf Shariah Advisor