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.
Nothing here is final yet
A waqf is settled only when a scholar independent of us has checked it and signed, and the paperwork proving ownership has been examined. Neither has happened for anything on this site. The rulings here were drafted by our internal scholars, and none is a fatwa addressed to you. See what they rest on.
The scholar’s ruling behind this
Permitted, conditional on the charitable share being determinate at the outset and on that share taking the whole on failure of the family line.
The joint waqf rests on the same ground as the family waqf. Benefit may be shared between named descendants and a charitable purpose where the shares are known, because an indeterminate share is a source of dispute rather than a dedication.
What we check
This condition is recorded, not enforced
The ruling sets a condition and the platform records it. It does not yet test whether a waqf made under this form meets it, so seeing the form on offer does not mean the condition has been met. Until that test exists the obligation sits with whoever administers the waqf, which is where the ruling puts it in any case.
Determinacy of the shares and the charitable remainder are stated in this ruling and are not enforced by the platform. No condition is bound to this adoption.
What this was based on
| Kind | Source | Checked |
|---|---|---|
| Classical position | Classical treatment of the joint waqf and the charitable remainder | Affirmed |
A source counts as confirmed once a named scholar has opened the book or standard and put their name to it saying this. It is affirmed where there is no document to open and a named scholar attests on their own authority that the position is correctly stated. Until one of those happens it is a citation rather than a confirmation, and it is marked not yet confirmed.
Draft a waqf in this form
The Draft a waqf page asks eleven questions and writes the answers into the Operator’s register as a draft. Nothing is signed or given there: the waqf takes effect when its deed says, and is funded when the property is handed over.