Forms of waqf

Each way of giving is set out here with the scholar’s ruling behind it and the sources that ruling rests on. Reading needs no account; drafting does, because drafting writes it down.

Sunlit ornate balustrades at ISTAC-IIUM, Kuala Lumpur. Photograph: unsplash.com/@apyfz.
ISTAC-IIUM, Kuala Lumpur
  1. 1When does it take effect?
    • On my deathTestamentary, charitable
    • When a condition is metSuspended on condition
    • At oncenext question
  2. 2Who benefits?
    • My family, then charityPerpetual family waqf
    • Family and charity togetherPerpetual joint waqf
    • Charity alonenext question
  3. 3What is given?
    • A building, or landPerpetual immovable
    • Cash, kept for goodPerpetual cash
    • Cash, for a fixed termCash for a term
    • Shares, or sukukPerpetual shares and sukuk
    • The use of something I keepUsufruct for a term
    • A right, such as a patentIntellectual rights
Three questions, and every answer lands on exactly one of the ten. Four of them rest on a minority position, which the form’s own page says in plain words before you choose it.

Nothing here is final yet.

Perpetual family waqf

A perpetual waqf for named descendants, with a charitable remainder.

PermanentFamilyAny assetTakes effect at once

Perpetual cash waqf, charitable

Money dedicated in perpetuity, its capital preserved and its returns applied to a charitable purpose.

PermanentCharitableCashTakes effect at once

Perpetual waqf of immovable property, charitable

Land or buildings dedicated in perpetuity to a charitable purpose. The paradigm case, and the one every school addresses directly.

PermanentCharitableLand and buildingsTakes effect at once

Perpetual joint waqf, family and charitable

A perpetual waqf whose benefit is shared between named descendants and a charitable purpose, the charitable share taking the whole on failure of the family line.

PermanentFamily and charitableAny assetTakes effect at once

Perpetual waqf of shares or sukuk, charitable

Listed shares or sukuk dedicated in perpetuity, the holding preserved and its income applied to purpose.

PermanentCharitableShares or sukukTakes effect at once

Waqf of intellectual property rights

A patent, copyright or registered right dedicated to purpose, its licensing income applied to beneficiaries.

Permanent or for a termCharitableRightsTakes effect at once

Waqf suspended on a stated condition

A declaration that takes effect only when a stated future condition occurs, such as completion of a building or receipt of a licence.

Permanent or for a termAny beneficiaryAny assetTakes effect on a condition

Temporary cash waqf, charitable

Money dedicated for a stated term, after which the corpus reverts.

For a fixed termCharitableCashTakes effect at once

Charitable waqf by will

A waqf declared by will, taking effect on death, out of the disposable third of the estate.

PermanentCharitableAny assetTakes effect by will

Waqf of usufruct for a term

The right to use an asset, dedicated for a term, while the owner keeps the asset itself.

For a fixed termCharitableThe use of an assetTakes effect at once