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Waqf Muallaq


A type of waqf (Islamic endowment) that is contingent on a future event, or an event that does not exist at the time of dedication. Under shari’a, a conditional or contingent waqf is void (batil). Dedication or endowment cannot be permanent if its very existence depends on an event or a condition (shart). Therefore, in the case the waqf deed sets a condition that if any mismanagement of nazhir is established, the subject matter of waqf, mawqoof, would be re-owned by the family of the waqif, the waqf is void ab initio.

In the same logic, waqf (waqf muaqqat) that is “conditionally” confined to a specific period of time, rather than perpetuity, is void as it defies the very nature and characteristics of waqf, i.e., perpetuity and irrevocability.

Opposite to the views of majority of fuqaha (jumhur al-fuqaha), only Malikis consider contingent waqf (waqf muallaq) to be valid, under an exception: creation of waqf upon one’s death. In such a situation, the Waqf will be limited to a portion of up to the 1/3 of the wasiyyah of a person on deathbed.

It is also broadly known as a waqf mashroot.



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