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Concept
Waqf
Summary
A waqf (وَقْف; ˈwɑqf, plural awqaf أَوْقَاف), also called a ḥabs (حَبْس, plural ḥubūs حُبوس or aḥbās أَحْباس), or mortmain property, is an inalienable charitable endowment under Islamic law. It typically involves donating a building, plot of land or other assets for Muslim religious or charitable purposes with no intention of reclaiming the assets. A charitable trust may hold the donated assets. The person making such dedication is known as a waqif ('donor'). In Ottoman Turkish law, and later under the British Mandate of Palestine, a waqf was defined as usufruct state land (or property) from which the state revenues are assured to pious foundations. Although the waqf system depended on several hadiths and presented elements similar to practices from pre-Islamic cultures, it seems that the specific full-fledged Islamic legal form of endowment called waqf dates from the 9th century AD (see below).
In Sunni jurisprudence, waqf, also spelled wakf (وَقْف; plural أَوْقاف, awqāf; vakıf) is synonymous with ḥabs (حَبْس, also called ḥubs حُبْس or ḥubus حُبْوس and commonly rendered habous in French). Habs and similar terms are used mainly by Maliki jurists. In Twelver Shiism, ḥabs is a particular type of waqf, in which the founder reserves the right to dispose of the waqf property. The person making the grant is called al-waqif (or al-muhabbis) while the endowed assets are called al-mawquf (or al-muhabbas).
In older English-language law-related works in the late 19th/early 20th centuries, the word used for waqf was vakouf; the word, also present in such French works, was used during the time of the Ottoman Empire, and is from the Turkish vakıf.
The term waqf literally means 'confinement and prohibition', or causing a thing to stop or stand still.
Bahaeddin Yediyıldız defines the waqf as a system which comprises three elements: hayrat, akarat and waqf. Hayrat, the plural form of hayr, means 'goodnesses' and refers to the motivational factor behind vakıf organization; akarat refers to corpus and literally means 'real estates', implying revenue-generating sources, such as markets (bedestens, arastas, hans, etc.
Official source
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