WHAT IS WAKF ?

Section 3 (L) of Wakfs Act, 1954 defines it as follows:

"Wakf means the permanent dedication by a person professing Islam of any movable and immovable property for any propose recognized by the Muslim Law as pious, religious or charitable and includes-

(i) a wakf user;

(ii) muhrut-ul-khidmai; and 

(iii) 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,"

Section 2(1) of the Musalman Wakf Validating Act of 1913, defines a wakf thus:

" Wakf means the permanent dedication by a person professing the Mussalman faith of any property for any purpose recognised by Mussalman Law as religious, pious or Charitable."

"Wakf is the detention of a thing in the implied ownership of Almighty God in such a manner that its profits may revert to or be applied to the benefit of his creatures." There are three elements in this definition:

(i)  Ownership of God,

(ii)  The extinction of the founder's right; and 

(iii)  The benefit to mankind.

Abu Yusuf and Imam Muhammed took a different view and defined a Wakf as follows:

"Wakf is the tying up the substance of a thing under the rule of the property of Almighty Gods, that proprietor right of the wakif becomes extinguished and is transferred to Almighty God for any purpose by which its profits may be applied to the benefit of his creatures."

 The Sharaya-ul-Islam says, "wakf is a contract the fruit or effect of which is to tie up the original and to leave its usufruct free " and later on it is stated; the wakf or subject of appropriation is transferred so as to become he property of the Mowqoof Alahi ( persons on whom the settlement is made) for the  has a right to the advantage or benefits to be derived from it." According to Abu Hanifa "it is the detention of a specific thing in the ownership of the waqif or appropriator, and the devoting its profits or usufruct to charity, the poor or other good objects in the manner of an Ariya or commodate loan". The two elements to be noted are that the right of the owner continues and that the usufruct is to be devoted to some charitable or pious prupose.
Wakf implies" the relinquishment of the proprietary right in any article of property such as lands tenements, and consecrating it in such manner to the service of God that it may be of benefit to men" This definition was not invented by them but borrowed from the law-books and must be read with the explanations given in them.
When old Muslim jurists are referred the first name that comes to mind is that of Abu Hanifa who had said, -Wakf is tying up of substance of a propertyin the ownership of the waqif ( who is making wakf) and the devotion of its usufruct, amounting to an Ariya or commodate loan, for some charitable purpose.
The definition of wakf within the meaning of Section 2(1) of the Musalman Wakf Validating Act 1913 is given for the purpose of the Act which is not exhaustive. The word "wakf" has been defined in Section 3(r) of the Wakf Act, 1995 and hence once the property is found to be a wakf Tribunal. It is not proper for this Court to straightway entertain writ petitions relating to a wakf or wakf property when there is a special tribunal constituted for this purpose.