Waqf is only valid and accepted when certain conditions are fulfilled.
Conditions on the donor
A person must fulfil the following criteria in order to be eligible to make a Waqf donation:
- Be an adult by law
- Be aware of what he/she is doing and be of sound mind to do so
- Own the property/money
- Be free of debt
- Offer the Waqf un-coerced and as a voluntary donation.
The donor is not restricted by their gender or religion. All people are permitted to offer a Waqf donation.
Conditions on the donation
The asset/money itself must meet certain conditions in order to be acceptable Waqf:
- Waqf should be devoted for good ends only; the result of the Waqf cannot harm people
- Waqf assets should be Islamically lawful (halal). For example, it is not permitted to create Waqf from shares in an alcohol-producing company or unethical investment
- Waqf assets should be clearly defined and tangible
- The Waqf donation must be unconditional and with no strings attached
- Most Muslim jurists argue that in order for Waqf to be legitimate, it should not be time-restricted, but forever. However, a few scholars, including Imam Malik, argue that time restrictions are permissible, meaning that an endower can offer his property for Waqf for a limited time, after which, he/she will regain ownership of the donation
- The Waqf must be explicitly donated and ideally documented in order to avoid any disputes with the donor’s heirs.
Islamic Relief follows most Islamic jurists and therefore can only accept permanent Waqf donations. Read more about our Waqf programme.