What is Wakf Al Aulad? Can a Muslim make a Wakf for the maintenance of the Shiv temple?
Find the question and answer of Muslim Law only on Legal Bites.
Question: What is Wakf Al Aulad? Can a Muslim make a Wakf for the maintenance of the Shiv temple? [BJS 1991]Find the question and answer of Muslim Law only on Legal Bites. [What is Wakf Al Aulad? Can a Muslim make a Wakf for the maintenance of the Shiv temple?]AnswerWaqf under Muslim Law owes its origin to a rule laid down by the prophet of Islam and means the tying up of property in the ownership of God the Almighty and the devotion of the profits for the benefit of human beings. There are...
Question: What is Wakf Al Aulad? Can a Muslim make a Wakf for the maintenance of the Shiv temple? [BJS 1991]
Find the question and answer of Muslim Law only on Legal Bites. [What is Wakf Al Aulad? Can a Muslim make a Wakf for the maintenance of the Shiv temple?]
Answer
Waqf under Muslim Law owes its origin to a rule laid down by the prophet of Islam and means the tying up of property in the ownership of God the Almighty and the devotion of the profits for the benefit of human beings. There are two kinds of Waqf. The first category is Public Waqf which is majorly created for public, religious or charitable purposes.
The second category of wakf is known as Private Waqf. This type of Waqf is created for the settlor's own family and his descendants and is also known as 'Waqf-ulal-Aulad'. It is a kind of family settlement in the form of waqf.
According to Section 3 of the Waqf Act, of 1913, it is lawful for a Muslim person to create a waqf in all other aspects in accordance with the provisions of Muslim Law, for the following purposes
1. For the maintenance and support wholly or partially of his family, children or descendants.
2. Where the person creating a waqf is a Hanafi Mussalman, also for his own maintenance and support during his lifetime or for the payment of his debts out of the rents and profits of the property dedicated.
In the case of Radha Kanta Deb v. Commissioner, AIR 1981 SC 798, Hindu Religious Endowments, Orissa, the Hon'ble Supreme Court observed that the Muslim Law recognises the existence and creation of a private trust as a charitable trust. It is also known as 'waqf-allal-aulad'. In this type of Waqf, the ultimate benefit is reserved for God. Still, the property vests in the beneficiaries and the income from the property are used for the maintenance and support of the family of the founder and his descendants.
A wakf-alal-aulad to the extent to which the property is dedicated for any purpose recognized by Muslim Law as pious, religious or charitable, and "Wakf" means any person making a such dedication.
The Mohammedan law recognises the existence of a private trust which is also of a charitable nature and which is generally called Wakf-alal-aulad , where the ultimate benefit is reserved to God. Still, the property vests in the beneficiaries and the income from the property are used for the maintenance and support of the family of the founder and his descendants. If the family becomes extinct then the Wakf becomes a public wakf, the property vested in God.
It is to note further that the wakf created with the object of erecting or maintaining a church or temple is not recognized as a valid object of the wakf, by Muslim law.
Mayank Shekhar
Mayank is an alumnus of the prestigious Faculty of Law, Delhi University. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars.
