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Home Opinion Friday Faith

Understanding Waqf in Islamic Jurisprudence

Dr. Firdous A Reshi by Dr. Firdous A Reshi
April 4, 2025
in Friday Faith
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Dr. Firdous Ahmad Reshi

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“The legitimacy and virtues of Waqf are firmly rooted in authentic Hadiths, which highlight its religious merit and practical application during the time of the Prophet Muhammad (SAW) and his companions”

 Waqf, an enduring Islamic endowment, holds a significant place in Islamic jurisprudence as a form of continuous charity (SadaqahJariyah) that benefits society indefinitely. The legitimacy and virtues of Waqf are firmly rooted in authentic Hadiths, which highlight its religious merit and practical application during the time of the Prophet Muhammad (SAW) and his companions. One of the most cited Hadiths on Waqf is the narration by Abu Hurairah (RA) in Sahih Muslim, where the Prophet (SAW) said, “When a person dies, his deeds come to an end except for three: ongoing charity (SadaqahJariyah), beneficial knowledge, or a righteous child who prays for him.” This Hadith underscores the perpetual reward of Waqf, as it continues to benefit people long after the donor’s death. Another foundational Hadith, recorded in SahihBukhari, describes how Umar ibn al-Khattab (RA) sought the Prophet’s (SAW) advice after acquiring a valuable piece of land in Khaybar. The Prophet (SAW) instructed him, “If you wish, you can give the land as charity (Sadaqah) and retain its usufruct for yourself (or your family), but it cannot be sold, gifted, or inherited.” This directive established the core principles of Waqf—inalienability, perpetuity, and dedication for charitable purposes—forming the basis of Islamic endowment law. The Prophet (SAW) himself set a precedent by dedicating lands and properties for public welfare, including the mosque in Quba and the lands of Fadak, which were used to support the poor and travellers. The Hadith in Sunan Abu Dawood further emphasizes the communal benefits of Waqf, where the Prophet (SAW) encouraged Muslims to donate resources such as water wells, mosques, and schools, ensuring sustained communal prosperity. Additionally, the practice of the companions, such as the Waqf of Uthman Ibn Affan (RA) for the well of Rumah and the endowment of Ali ibnAbiTalib (RA) for agricultural land, demonstrates the early Muslim community’s commitment to this institution. These narrations collectively affirm that Waqf is not merely a recommended act but a Sunnah with deep jurisprudential implications, recognized by all major schools of Islamic law.

“By preserving wealth for religious, educational, and social causes, Waqf embodies the Islamic ideals of sustainable charity and communal solidarity. Its historical implementation by the Prophet (SAW) and his companions serves as a timeless model for Muslims to contribute to societal development while earning everlasting divine rewards. Thus, Waqf remains a vital institution in Islam, bridging individual piety with collective welfare in accordance with the Sunnah”

The Hanafi, Maliki, Shafi’i, and Hanbali jurists have extensively elaborated on Waqf’s legal framework, relying on these Hadiths to define its conditions, such as the irrevocability of the endowment and the requirement that its proceeds serve a Shariah-compliant cause. The Hadiths also clarify that a Waqf must be made with sincere intention (Ikhlas) and for the sake of Allah alone, as any deviation from this principle may invalidate its spiritual rewards. Furthermore, the concept of family Waqf (Waqf Ahli) finds support in the Prophet’s (SAW) approval of Umar’s (RA) endowment, where he permitted the donor’s family to benefit before distributing surplus to the needy. This balanced approach ensures both familial security and social welfare, aligning with Islamic teachings on equity and compassion.In conclusion, authentic Hadiths provide robust evidence for Waqf’s validity, virtues, and operational guidelines in Islamic jurisprudence. By preserving wealth for religious, educational, and social causes, Waqf embodies the Islamic ideals of sustainable charity and communal solidarity. Its historical implementation by the Prophet (SAW) and his companions serves as a timeless model for Muslims to contribute to societal development while earning everlasting divine rewards. Thus, Waqf remains a vital institution in Islam, bridging individual piety with collective welfare in accordance with the Sunnah.

 

Dr. Firdous A Reshi

Dr. Firdous A Reshi

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