Islamic Contract Law:

Waqf

as Part of Public Ownership

Meaning of

Waqf

Waqf refers to property that is permanently dedicated for a specific religious, charitable, family, or public purpose.

The main idea is that:

• The original asset is preserved.
• Its benefit (manfa‘ah) is given to the intended beneficiaries.
• The property is not normally treated like ordinary private property that can simply be sold or used freely by an individual.

Is

Waqf

a Subset of Public Ownership?

Yes, some forms of waqf can be treated as part of public or community-oriented ownership, especially when the property is dedicated for the benefit of society.

However, it is more accurate to say:

Public waqf can fall under public ownership, but not every waqf is necessarily public.

Public or Charitable

Waqf

A public or charitable waqf is often called waqf khayri.

This type of waqf is dedicated for the benefit of the public or for a charitable purpose.

Examples

• Mosque
• Waqf land for a school
• Waqf hospital
• Public well
• Waqf property used to support the poor

In these cases, the property serves the wider community.

Therefore:

Waqf khayri = public or charitable waqf = may be treated as part of public ownership

Example: Mosque as

Waqf

Suppose a person dedicates a building permanently as a mosque.

• The building itself becomes the waqf asset.
• The public may use it for worship.
• The original owner can no longer treat it as ordinary private property.

So:

Mosque building = waqf asset

Use of the mosque for worship = manfa‘ah enjoyed by the public

This is why such waqf can be viewed as public or community-oriented ownership.

Family

Waqf

There is also a form of waqf known as waqf ahli or waqf dhurri.

This type of waqf is created mainly for the benefit of:

• Family members
• Children
• Descendants
• Specific individuals

Example

Ahmad dedicates a house as waqf so that his children and grandchildren may live in it.

The benefit is not immediately given to the public.

Therefore:

Family waqf is not the same as public ownership in the ordinary sense.

This is why it is not accurate to say that all waqf are public ownership.

Why

Waqf

Is Different from Ordinary Public Property

Although public waqf may benefit society, waqf has its own special legal nature.

In waqf:

• The asset is preserved.
• The asset is dedicated for a fixed purpose.
• The benefit is given to the beneficiaries.
• The property cannot normally be freely sold or transferred like ordinary private property.

Ordinary public property, such as a public road, is managed for general public use, but it does not necessarily operate under the same legal rules as waqf.

Relationship with

Manfa‘ah

The concept of manfa‘ah is very important in waqf.

The waqf asset itself remains preserved, while its benefit is used for the intended purpose.

Example: Waqf House for Students

A person dedicates a house as waqf for university students.

• House itself = waqf asset
• Students living in the house = manfa‘ah
• Beneficiaries = students

The house remains, while the benefit is continuously enjoyed by the beneficiaries.

Simple Summary

Public Waqf

Property dedicated for:

• Public benefit
• Religious purposes
• Charitable purposes

Examples:

• Mosque
• School
• Hospital
• Public well

This type of waqf may be treated as part of public or community-oriented ownership.

Family Waqf

Property dedicated for:

• Family members
• Descendants
• Specific beneficiaries

This is not public ownership in the same sense.

Easy Way to Remember

Waqf = asset is preserved, benefit is dedicated

Public waqf = benefit for society

Family waqf = benefit for specific family members

So, for your notes, the safest statement is:

Waqf may be classified under public ownership when it is dedicated for public or charitable benefit, but not all waqf are public because some waqf are created for specific family beneficiaries.