Waqf

Waqf, in Arabic, is hold, confinement or prohibition. In North and West Africa, Waqf (pl. Awqaf) is also called Habs (pl. Ahbas or Hubus). The word Waqf is used in the Islamic Law in the meaning of holding a property and preserving it so that its fruits, revenues or usufruct is used exclusively for the benefit of an objective of righteousness while prohibiting any use or disposition of it outside its specific objective.

This definition accords continuity or perpetuity to Waqf, i.e., it applies to non-perishable properties whose benefit and usufruct can be extracted without consuming the property itself. Therefore Waqf widely relates to land and buildings. However, there are Awqaf of books, agricultural machinery, livestock, shares and stocks, and cash money.

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The general idea of Waqf is as old as humanity because in all communities there were properties devoted to public and community use. But if we examine closely the concept of Waqf we would agree with Muslim jurists who argue that Waqf is characteristic to the Islamic law and culture.

Islamic law is the first law ever that defines and regulates waqf as a civil societal institution. It started since the time of the Prophet Muhammad himself, peace and blessings be upon him. Waqf before Islam was always a religious exercise when a rich person assigns a property to the temple and monks would use it for the temple expenses and may also extend its use to helping the poor or even providing books to a library.

Of course on the religious side, it is argued that the first Waqf that ever existed is the sacred building of ka`bah in Makkah since the Qur'an (Aal `Imran 3: 96) mentions that it is the first house of worshipping God set for...