Waqf — practice questions

Correct answer: D. Clause 2/2: By beneficiary, Waqf is charitable, private (dynasty, including Waqf on oneself) or joint. By asset, it is either a specific-asset Waqf, where the Waqif intends to appropriate a particular asset (e.g. real estate, usufructs, moral rights), or an investment Waqf, where the Waqif intends development through turnover on commercial considerations, sustaining the Waqf through its assets or their substitutes, such as cash Waqf and Waqf companies.

Correct answer: A. Clauses 2/3 and 2/4/1: Waqf is recommended and binding on the Waqif from creation. It is created by an offer without need for acceptance, must be conclusive (not a mere undertaking), is presumed immediate but may be contingent on a condition or deferred to a future date, and is presumed perpetual but may be temporary if stipulated. A Waqf contingent on the Waqif’s death is a bequest, taking effect on death, limited to one third of the estate and revocable by him.

Correct answer: C. Clause 2/4/3: The Waqif must have legal capacity to donate; a juristic person creates Waqf by resolution of its owners or authorised body. A Waqf by a person interdicted for prodigality is not concluded, and a Waqf by a person interdicted for debt, or whose debts exceed his assets even without a bankruptcy ruling, depends on the creditors’ authorisation. A Waqf made during terminal illness is a bequest, and a Waqf by a non-Muslim is valid subject to the rules of Waqf.