Charitable waqf by will
A waqf declared by will, taking effect on death, out of the disposable third of the estate.
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 within the disposable third of the estate. A dedication beyond the third requires the consent of the heirs after death.
A waqf declared by will is a bequest and takes its limit from the law of bequests. The disposable third is the settled limit and the consent of the heirs is what permits anything beyond it. The platform records the limit so that a Waqif is told of it at the time of declaring.
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.
The one third limit is recorded and is not enforced. No condition is bound to this adoption, so a declaration under this form that exceeds the third will be accepted by the platform and will need the consent of the heirs obtained outside it.
What this was based on
| Kind | Source | Checked |
|---|---|---|
| Classical position | The disposable third, and consent of the heirs beyond it | 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.