The Classical Muslim Law of Waqf: A Study of Ḥanafī Legal Discourse

Abstract

Waqf (pious endowment) is a crucial component of the Islamic financial system as well as a key institution within the Islamic framework, where a Muslim  donates revenue-generating property for the benefit of others. This article aims to provide a comprehensive introduction to the classical Ḥanafī legal discourse on Waqf. A significant finding is the inconsistency in legal theory, as Ḥanafī jurists differ on whether the founder’s ownership terminates upon the creation of a Waqf. This study explores how Ḥanafī scholars have historically understood and discussed waqf laws, what are the necessary conditions for its validity  and what is the status of Sharāiṭ al Wāqif. Despite extensive discussions on Waqf in major Fiqh works, there is still a need for a comprehensive study focused exclusively on the Ḥanafī legal discourse. The study addresses this need using a descriptive and analytical methodology.