Waqf is an Arabic word, literally means detention, endowment and is "stop" that is, Stop from being
treated as an ordinary property. It denotes tying up of the substance of a property in the ownership of
the Wakif for some religious and pious purpose. After dedication the waqf property vests in God. Such
dedication must be unconditional. Irrevocable, perpetual, uncontingent, inalienable and the right of
ownership of the dedicator is extinguished. Waqf property also ceases to be heritable. The person making
the waqf may be of any sex, of any age and may be made inter vivos or testamentary. In case of waqf intervivos, the entire estate may be settled for a waqf but when a testamentary waqf is created, the dedication
up to the one-third of the estate of the founder. But if the waqf is made for a mosque, the waqf created for
the entire property shall be void if the heir do not consent and if they consent, then it will be wholly valid.
Islam gives its flowers, a complete law of waqf in which definition, history, subject of waqf essentials of
waqf and other details such as possession acceptance, perpetuality and creation of waqf, waqf of mushaa,
waqf AI-nnafs, waqf AI-Auolad, waqf on heir, Muslim and non-Muslims and concept of Mutawalli are
introduced. These all terms of Islamic law of waqf are to be discussed in this thesis with reference to the
following State made laws of waqf.
1. Mussalman waqf validating Act, 1913
2. Mussalman waqf validating Act, 1930
3. West Pakistan waqf Properties ordinance, 1959
4. West Pakistan waqf Properties (Administration) Rules, 1960
5. Mussalman waqf Act, 1923
6. Azad Jammu & Kashmir waqf properties ordinance, 1961
7. West Pakistan waqf properties ordinance 1961
8. West Pakistan waqf properties ordinance 1971
9. Auqaf (Federal Control) Act, 1976
10. Punjab Waqf properties ordinance 1979
11. Sindh Waqf properties ordinance 1979
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