Perpetual and temporary waqf

Question

Attached to this petition is your answer no. 211 “alif”. Your humble servant has reservations about this answer, because one of the conditions of waqf is perpetuity (ta’bid). In “Fatawa ‘Alamgiri” it is stated: [ar]وَمِنْهَا التَّأْبِيدُ وَهُوَ شَرْطٌ مَعَ قَوْلِ الْكُلِّ[/ar] “And among them is perpetuity; it is a condition according to all” (vol. 2, p. 316). In “Shami” it is stated: [ar]أَمَّا التَّأْبِيدُ مَعْنًى فَشَرْطٌ اتِّفَاقًا عَلَى الصَّحِيحِ، وَقَدْ نَصَّ عَلَيْهِ فحققوا الْمَشَائِخِ.

Answer

Not everything that is given to a madrasa or acquired for it should be regarded as waqf. In the case in question, the word “waqf” does not occur in the written document of the donor (the respected Hajji ‘Abd al-Hamid), the “deed of transfer of ownership”; nor does the word “waqf” occur in the said fatwa of Dar al-‘Ulum.

Source: Fatawa Mahmudiyya

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