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36. Charitable Endowment (Waqf )

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  • Ruling 2693

    If a person endows some property, it no longer belongs to him. Neither he nor anyone else can gift or sell the item, nor can anyone inherit it. However, in some cases, mentioned in Rulings 2104 and 2105, …

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  • Ruling 2694

    It is not necessary for the formula (ṣīghah) of an endowment to be said in Arabic; rather, if a person says [in English], for example, ‘I endow this book to students of the religious sciences’, the endowment is …

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  • Ruling 2695

    If a person specifies some property for an endowment but changes his mind or dies before he gives it as an endowment, then an endowment is not realised. The same applies if, in a private charitable endowment, the …

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  • Ruling 2696

    An endower (wāqif) of some property must endow it forever from the moment he makes the charitable endowment. Therefore, if, for example, he says, ‘This property is to be a charitable endowment after my death’, it is not …

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  • Ruling 2697

    A private charitable endowment is valid only if the endowed property (al‐ʿayn al‐mawqūfah) is placed at the disposal of the individuals to whom it has been endowed or their agent (wakīl) or guardian (walī); possession of it by …

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  • Ruling 2698

    In the case of public charitable endowments, such as those made to schools, mosques, and suchlike, possession is not a requirement and the endowment is realised merely by making the endowment.

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  • Ruling 2699

    An endower must be of the age of legal responsibility (bāligh), sane (ʿāqil), have an intention to make the endowment, and make it of his own volition (ikhtiyār). He must also legally (sharʿan) have disposal over his own …

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  • Ruling 2700

    If some property is endowed to a child that is still in the womb of its mother, the validity of it is problematic (maḥall al‐ishkāl)4 and it is necessary to observe precaution (iḥtiyāṭ) here. However, if some property …

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  • Ruling 2701

    If a person endows something to himself – for example, he endows a shop to himself so that after his death the income from it would be spent on paying off his debts or hiring someone to perform …

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  • Ruling 2702

    If a person appoints a trustee for the property that he has endowed, the trustee must act according to the endowment. If a person does not appoint anyone, in the event that he has endowed the property to …

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