waqf

waqf, in Islamic law, a charitable endowment held in trust.

In the formal process of establishing a waqf, the donor (waqīf) dedicates the assets (mawqūf) for a specific charitable purpose. Islamic jurists differ on the legal ownership of the assets once the endowment has been completed: many suggest that ownership is “returned” to God (whose providence had first bestowed it upon the donor), whereas others indicate that ownership remains with the donor. Regardless, the assets remain devoted in perpetuity for the specified purpose, the donor forfeits most of the rights associated with ownership, and the assets are managed by a custodian (mutawallī). However, the donor may designate herself or himself as custodian when completing the endowment.

In Islamic society, the inviolability of the waqf arrangement has traditionally provided security for the assets, which cannot be sold to pay a debt, be confiscated by a government that subscribes to Islamic law, or be used beyond their designated purpose. Until the modern era, waqf endowments were among the primary means of providing public access to education, health care, and other public enterprises in the Islamic world. Private endowments may also secure assets for the donor or family members if they are designated as beneficiaries. Although Islamic law recognizes the rights of women to independently own and inherit property, the waqf became an important instrument by which wealthy women and an individual’s female relatives could remain beneficiaries of property when irregular situations might otherwise have led to the loss of the property.

Throughout Islamic history, donors and custodians of waqf endowments have often held enormous sway in Islamic societies, economies, and public policies. They have at times commanded a substantial proportion of resources: the majority of real estate in some regions of the Ottoman Empire, for example, was tied up in waqf arrangements. In the 21st century, however, the prevalence of waqf endowments has generally been reduced. Moreover, Islamic countries typically dedicate a special government ministry to oversee and regulate such endowments, and civil statutes often dictate how a waqf should be arranged and organized to ensure that it participates in the state’s regulatory regime.