Distinguish between Public Waqf and Private Waqf.

Question: Distinguish between Public Waqf and Private Waqf. [UPJS 2018]

Find the question and answer of Muslim Law only on Legal Bites. [Distinguish between Public Waqf and Private Waqf.]

Answer

Wakf in Muslim Law means a permanent dedication by a Muslim of any property for any purpose recognised by Muslim Law as religious, pious and charitable. A wakf is created by a mere declaration of endowment by the owner of the property, and upon such declaration, the property immediately vests in God Almighty.

There are two classes of Wakfs, public and private. In the case of a Public Wakf, the property, namely the corpus as well as the usufruct, vests in God, since the usufruct becomes immediately applicable to the enumerated holy purposes.

As discussed by the Hon'ble Madras High Court in G.M.A. Bhaimia, Muthavalli Wakf v.The Madras State Wakf Board, (1968) 1 MLJ 410, in the case of Private Wakf or Wakf-alal-aulad, only the corpus of the property vests in God immediately, and the enjoyment of the usufruct is postponed till after the extinction of the Wakif, his family and descendants. A Public Wakf is one for religious, pious and charitable purposes; and a Private Wakf is one for the benefit of the settlor's family and descendants. Such a private wakf was made legal and valid under Muslim Law by the Mussalman Wakf Validating Act of 1913.

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