Islamic Fiqh > Endowments (waqf) and property > Conditions for the validity of a waqf
What makes a waqf valid: conditions on the founder, the dedicated asset, the declarative formula and perpetuity, with the points where the four schools differ.
Contents
Updated on 31 August 2026 at 3:55 AM
No school follows every clause of the founder. The jurists classify: invalid conditions preventing the waqf from arising; invalid conditions with the waqf remaining valid and the clause falling; sound conditions that bind. Ibn al-Qayyim divides founders' conditions into four: those the Law forbids, those it dislikes, those that neglect what Allah loves more, and those containing what Allah and His Messenger love, only this last family being followed, per « whoever does a deed outside our order, it will be returned to him » (Muslim 1718).
The majority (Hanafis in the school, Shafiites, Hanbalis) require the waqf to be perpetual, like emancipation: one who says « I endow my land for a month » validates nothing, unless he ties the end to a perpetual recipient: « I endow my land to my children while they succeed one another, then its produce goes to the poor ». Abu Yusuf would validate even without a final mention, the waqf wording implying permanence; Hilal ar-Ray' adds: if the founder stipulates no reversion, the waqf is eternal despite the stated term; Malikis and Ibn Surayj admit the time-limited waqf, which returns to the founder afterwards.
Examples of the second type: including in the waqf a clause letting the manager expel and admit whomever he wants is invalid, for it contradicts the waqf's purpose; letting him give according to his preference among beneficiaries is valid; conditioning the rent right on celibacy is void, the married man remaining first at equal standing; forcing a sinner to reside in the waqf is void; giving the manager absolute power is void, he must demonstrate the benefit of each decision.
It is agreed that lawful conditions of the founder are followed: he remains the owner, destines his wealth as he will short of disobedience, and may privilege one class of the poor. The practical proof: Umar conditioned his waqf, Anas endowed a house where he lodged when arriving, az-Zubayr his houses, Ibn Umar made his share of Umar's house lodging for the needy of his family; al-Bukhari's chapter is titled: « If one endows a land or a well and reserves for himself the share of the Muslims' buckets » (al-Bukhari 34).