Waqf: Appendix C - Definitions

Transcription

1. Shari ’ah Standard No. (33): Waqf Appendix (C) Definitions Waqf Making a property invulnerable to any disposition, and donating its income for charitable causes. The term Waqf is also used to describe the property donated in this manner. Waqf Ahli (Family Waqf) The income of the donated assets or usufructs goes in this case to the Waqif himself, his children, a certain number of people, or a specific entity, for a specific period. Waqf Khayri (Charitable Waqf) The income of the donated assets or usufructs goes to charitable purposes without specifying a certain entity or a specific group of people as beneficiaries. The Waqf could be eternal or temporary. Waqf Assets The property used for generating income, while it cannot be disposed of. Hikr or Tahkir A lease contract according to which the Waqf land is kept in the hands of the tenant to build on it or cultivate it as long as he pays the normal rent for such property. Hikr or Tahkir can also take place through utilization of the Waqf land by leasing it for a specific purpose without specifying the period, and thus, the tenant obtains the right to stay, subject to a valid contract. A third form of Hikr or Tahkir can take place implicitly when the land is leased for a specific period, and then the tenant build on it or cultivate it after obtaining the permission for that. In this latter case, when the lease period expires, and the tenant wishes to stay and pay the rent equivalent to that of similar property, he can be allowed to do so, in order not to cause harm to 836
2. Shari ’ah Standard No. (33): Waqf him. Hikr or Tahkir is an alternative to Istibdal (exchange of the Waqf land), when the latter is not possible. These two methods constitute a financial right which cannot be inherited. Irsad or Takhsis (Allocation) Irsad refers to the case when the government authorities allocate a publicly owned piece of land for public utilities such as schools, hospitals and charitable activities. This is not considered as Waqf because, in this case, the land is allocated by someone who does not own it. Haq Al-Qrar (Right to Stay) Preference right to build on or cultivate the Waqf land. A certain type of this contractual arrangement is sometimes known as Kadak Kadak,, and is applicable to leasing of shops and factories. 837