Waqf of usufruct for a term
The right to use an asset, dedicated for a term, while the owner keeps the asset itself.
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 on the Maliki position, conditional on the term being fixed and on the founder's title to the underlying asset remaining undisturbed. This departs from the majority, who require the founder to own the corpus itself and not merely its use.
The majority require the founder to own the corpus (ayn). The Maliki school permits dedication of the usufruct (manfa'ah) while ownership of the asset stays with the founder, the use returning to the owner when the term ends. This adoption follows the Maliki position. What is dedicated is the right to use and not the asset, which is why the founder's title has to remain intact for the dedication to mean anything.
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 fixed term and the founder's continuing title are stated in this ruling and are not enforced by this adoption. No condition is bound to it. Note that the platform does hold usufruct as a distinct asset class with its own structural checks, which are separate from this ruling and are not a substitute for it.
What this was based on
| Kind | Source | Checked |
|---|---|---|
| Classical position | Treatment of dedication of manfaah, and its relation to retention of the asset | 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.