Musalman wakf validating act 1930
As defined by Muslim jurists such as Abu Hanifa, Wakf is the detention of a specific thing that is in the ownership of the waqif or appropriator, and the devotion of its profits or usufructs to charity, the poor, or other good objects, in the manner of areeat or commodate loan.
Technically, it means a dedication of some specific property for a pious purpose or secession of pious purposes.
The Disturbed Areas (Special Courts) Act, 1976 (77 of 1976).
The Handlooms (Reservation of Articles for Production) Act, 1985 (22 of 1985).
This step itself is revolutionary as it envisages a Non-Muslim judge presiding over sharia matters in toto. All in all this is an excellent piece of legislation that will go a long way in restoring to Pakistan some sanity.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: C O R A M THE HONOURABLE MR.
Free legal advice inter alia family law, immigration law, business and commercial law, telecom law, cyber law, aviation law etc.No such wakf shall be deemed to be invalid merely because the benefit reserved therein for the poor or other religious, pious or charitable purpose of a permanent nature is postponed until after the extinction of the family, children or descendants of the person creating the wakf. Power of Mussalmans to create certain wakfs.—It shall be lawful for any person professing the Mussalman faith to create a wakf which in all other respects is in accordance with the provisions of Mussalman law for the following among other purposes:— (b) where the person creating a wakf 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: Provided that the ultimate benefit is in such cases expressly or impliedly reserved for the poor or for any other purpose recognised by the Mussalman law as a religious, pious or charitable purpose of a permanent character. Wakfs not to be invalid by reason of remoteness of benefit to poor, etc.—No such wakf shall be deemed to be invalid merely because the benefit reserved therein for the poor or other religious, pious or charitable purpose of a permanent nature is postponed until after the extinction of the family, children or descendents of the person creating the wakf.However, we may have made mistakes and we will not be responsible for any loss or damage of any kind arising because of the usage of this information. According to Abu Yusuf, whose word is followed in India, mere declaration of dedication is sufficient for completion of Wakf.Further, upon discovery of any error or omissions, we may delete, add to, or amend information on this website without notice. Neither delivery of possession or appointment of Mutawalli is necessary. A temporary dedication such as for a period of 10 yrs or until death of someone is invalid.