Family Waqf Its Origin, Law Prospects – Magda Ismail Abdel Mohsin
Family Waqf Its Origin, Law Prospects – Magda Ismail Abdel Mohsin
Historically speaking, the non-profit institution of waqf, played a remarkable role in developing the Islamic societies as well as in assisting the Islamic State in providing all the essential services as it; supported the health and the educational sectors, supplied the basic infrastructures, provided jobs, enhanced commercial and business activities, provided food for the hungry, sheltered the poor and the needy, besides supporting the agricultural and industrial sectors, without any cost to the government. However, this role had been deteriorated since the end of the 19th century up to the present time as the governments in the different Muslim countries gave the right to themselves to centralize its administration and to confiscate and abolish family waqf. By doing so the government hopped that they will solve all the problems which had occurred to the waqf properties during that time. However, they fail to realize that they are destroying its remarkable role which it had played throughout the past centuries.
This paper will focus on the origin of family waqf, its law and its development. The paper will also highlight the importance of the creation of family waqf during the time of the Prophet (pubh) and the reasons of its abolishment in almost all the Muslim countries since the 1950’s. Moreover, the paper will present some recommendation for revising the law of family waqf and for encouraging people to create new waqfs.