Waqf is one of mu’amalah human credentials that was never known in history before Islam, so that the people of ignorance during the time of the Prophet sallallaahu ‘alaihi wa sallam did not know him. Prophet sallallaahu ‘alaihi wa sallam gave instructions to his companions in the form of suggestions to waqf property in a different way with shadaqah in general.
If a man gives his wealth in the way of Allah to the poor, then the treasure will be used up by the poor man because the treasure has become his right, so one day when other poor people come, he can not use the treasure because it has run out. In contrast to the treasured property, it will not be exhausted because only the use of the property is used, whereas its origin is immortalized, it shall not be sold, nor grant, nor shall it be inherited. Read more about Law of Abandoning Fasting Intentionally
1. Terms of Waqf must be there Waqf
In terms of waqf there must be wakif. Waqf is the person who donates his property. Terms of a waqf is mature, sensible and also not hindered legal acts and owners of legitimate property that is represented.
2. Terms of Waqf must be Nadzir
In terms of waqf there must be nadzir. Nadzir is a person who is entrusted with the maintenance and maintenance of waqf objects. Nadzir includes individuals, organizations and legal entities.
3. Terms of Waqf there must be Waqf Property
Terms of waqf must have the property is represented. Waqf properties are both moving and immovable bodies that have endurance that is not only disposable or valuable according to Islamic teachings. Read more about How to Choose a Leader in Islam
4. Terms of Waqf shall be a pledge of Waqf
Terms of waqf must be a pledge of endowments. The pledge of waqf is a will statement from waqf to donate his possessions. The pledge of endowments was carried out by the deputy to nadzir before the PPAIW (Waqf Officer Deed Officer) witnessed by 2 witnesses, the pledge was declared orally and / or written and cashed in the PPAIW pledge deed.
5. Terms of Waqf there must be Allotment of Waqf Property
Terms of waqf must be allotment of wakaf property. In order to achieve the waqf function and purpose of waqf, waqf property can only be allocated for:
- Place of worship
- Activities and infrastructure of education and health
- Assistance to abandoned children, the poor, orphans and scholarships
- Progress and economic improvement of the ummah
- Progress and also other general welfare that is not contrary to sharia and laws and regulations.
6. Terms of Waqf shall have a Wakaf Term
In general, the scholars argue that the substance is represented must be eternal. But Imam Malik and the Imamiyyah syi’ah state that the waqf may be limited by time. The Hanafiyah group requires that the property represented by the substance must be everlasting that allows it to be used continuously. [AdSense-B]
7. By deeds
When a person inherits some of his or her wealth by doing something meaningful to a waqf, it is also regarded as a legitimate endowment, although he does not pronounce the word “waqf” with his verbal.
For example: If someone builds a mosque then let anyone who prays in the mosque then this is the same as the person in the land of Allah (may peace be upon him) in the way of Allah sallallaahu ‘alaihi wa sallam although he did not say: “This land I waqf for mosque.” Read more about How to Cure Madness in Islam
Another example: When a person makes some of his land for a public graveyard and does not prohibit anyone who buries the body there, it is just as if the man donates some of his land in the way of Allah Ta’ala, even though he does not say: “This land I wish to be a grave general.”
8. By word
Waqf with words is divided into two kinds:
- Clear words (sharih), meaning is with words that mean waqf clearly and has no meaning other than waqf. For example, one says: “I wish I had this land for a pesantren foundation.”
- Figurative speech (kinayah), ie, with words containing the possibility of meaningful waqf and contains other possible meanings.
For example, one says: “I’m giving this house away to the prosecutors.”
So the word “I give away” in the above example contains the possibility of meaningful alms as lafazh is written and contains the meaningful meaning of waqf as implied and as is often used by lafazh for the purpose of waqf.
To distinguish between the two meanings contained in it, the person who utters the sentence must be accompanied by the intention of one of the two meanings / meaning, if he says: “I am alms” but his intention is to condone then this is punished as a waqf, but if he wants / intends alms then his words are judged as alms.
Faidah. It is necessary to distinguish between waqf and alms, because there is a very clear distinction between the two. Among the obvious differences is that waqf means that the treasure should not be sold, should not be granted, and should not be inherited. Unlike charity, the person who is given alms is entitled to do anything to the treasure because it is his property, so it may be for him to sell, grant, or otherwise. Read more about Law of Hand Shake in Islam
9. Endowments may be addressed to two parties
To the realization of the general observance, and not appointed personnel (al-waqfu ‘ala jihhatil birr)
Like the interests of mosques, madrassas, the poor, the mujahidin, ibn sabil, debt-ridden people, to print useful books, for the sake of liberating slaves, and so on.
This is because the purpose of waqf is to expect the reward of Allah by exercising obedience, while the above mentioned matters include obedience, thus helping the realization of obedience is an obedience, and is a help-help in obedience, as in His word:
وتعاونوا على البر والتقوى ولا تعاونوا على الإثم والعدوان
And please-help you in virtue and piety, and do not be helpful in the case of sin and hostility. (Surah al-Maidah : 2)
If a man donates his property for the construction of the church or to print the books of heresy and shirk, then such a waqf is invalid because in it is a help-help in realizing disobedience and sin.
To certain persons appointed personnel (al-Waqfu ‘ala syahsin mu’ayyanin)
Like a waqf for a man named Muhammad, or something else.
As for the personnel criteria that may be given waqf, then they are everyone who is allowed to be treated well.
It is permissible for a person to give his / her wealth to every Muslim, because a Muslim is allowed-even desirable-to do good to the Muslim / his neighbor.
If someone donates his property to criminals and criminals who clearly have not repented and will increase zina with the waqf, then such a waqf is not allowed because it includes help-help in disobedience. Read more about How to Deal with Stubborn Wife in Islam
10. It should be the person who is the owner of the property
This is because the property of a Muslim is unlawful for others except by his willingness, so it is not permissible for someone to use other people’s possessions in any way such as selling or giving away unless the owner’s permission, as in a long hadith narrated by Jabir bin Abdullah radhiyallahu ‘anhu, in which the Prophet sallallaahu’ alaihi wa sallam said:
Your blood and treasures are unlawful for your neighbor. (Muslim 2/886)
11. Goods represented can be used
This is because if something can not be utilized, then there is no use something is represented and become useless, as in the hadeeth of Ibn Umar radhiyallahu ‘anhuma which has been past (HR Bukhari-Muslim).
For example, if a man donates an old manar expert (tame donkey) and can not be used at all then this waqf is invalid; because such donkeys can not be used, whether they are useful – because they are old – or the flesh should not be eaten because the tame donkey is an unlawful animal, as the Prophet says:
From Abu Tsa’labah radhiyallahu ‘anhu he said:
“The Messenger of Allah (peace and blessings of Allah be upon him) has forbidden the meat of a tame donkey.” (Narrated by Bukhari in adh-Dhaba’ih wa ash-Shaid 9/570, Muslims in ash-shaid wa adh -Dhaba’ih 5/13/90)
12. The goods represented remain and do not run out despite being used.
This is because the meaning of waqf is to perpetuate a thing and run its usefulness in the way of Allah. So that if something that is represented is exhausted, then it is not called a waqf.
For example, if someone donates food and drink for the poor, then such a waqf is not valid because food and drink will be exhausted when used. Read more about Last Ten Nights of The Month of Ramadan
13. How to donate something in the way of Allah forever.
This is because the meaning of waqf is to perpetuate a good and run its use in the way of Allah. So if the temporary to waqf his property, for example a year or two years, then such a waqf is invalid.
For example, someone says: “I wish my dormitory for dormitory boarding house for twenty years.” So this waqf is not valid because it is not immortalized by the owner.
14. The owner of the property shall not give a condition in his waqf under conditions that exclude the validity of the waqf or cancel the waqf.
For example, if someone says:
“I endow my house for the poor, provided that after a year the house is back to mine” then the waqf is illegitimate due to the requirement that cancels the waqf itself, while the owner of the waqf shall not sell or own the property is represented.”
15. Legitimate endowments
– by way of deeds or words – must be executed and should not be aborted (in other words: the person who makes the contribution is not allowed to refer back to what is being represented).