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Shiavault - a Vault of Shia Islamic Books Islamic Laws Rules Regarding Waqf Issue 2685: If a person makes something Waqf, it ceases to be his property, and neither he nor anybody else can either gift it or sell it to any person. Also, no one can inherit anything out of it. There is, however, no harm in selling it in certain circumstances, as mentioned in rules nos. 2102 and 2103. Issue 2686: * It is not necessary to utter the formal declaration of Waqf in Arabic.

If, for example, a person says: “I have waqfed this book for the students” it will be considered valid. In fact, Waqf is established by conduct as well. Therefore, if a person spreads a mat in a mosque with an intention of Waqf, or constructs a building having an appearance of a mosque, with an intention of giving it away as a mosque, the Waqf will be established.

In the cases of public Waqfs, like a mosque, a madressah, any public utility, or Waqf for general poor or Sadat, it does not require anyone to make a formal acceptance. In fact, even private Waqf, like the one created for one's own children, do not require any reciprocal acceptance. Issue 2687: * If a person marks a property for Waqf, but regrets before actually making a Waqf, or dies, the Waqf is not considered as established.

Issue 2688: * If a person Waqfs a property, he should make it a perpetual Waqf from the day he declares the Waqf. Therefore, if he says: “This property is Waqf after my death” the Waqf will not be valid, because it would not cover the period from the time of declaration till his death.

Also, if he says: “This property will remain Waqf for ten years and will not be Waqf thereafter” or says: “It will be Waqf for ten years and thereafter it will not be Waqf for five years, and will become Waqf again after the expiry of that period”, such a Waqf will not be valid. Issue 2689: * A private Waqf will be valid when the property which has been waqfed is given away, at the disposal of beneficiaries of the first category, or their representative or guardian.

And, if a person Waqfs something upon his minor children, and looks after it on their behalf with the intention that it will become their property, the Waqf is in order. Issue 2690: In the case of public Waqf like madressahs, mosques etc. it is not necessary that it be possessed by any gesture. The Waqf is established immediately upon its declaration as such.