(Waqf Al Wasiyyah) – Up to 1/3
Upon the approval of the Noble Prophet (s), Islamic Shari’ah allows you to bequeath up to 1/3 of your estate through your will to non Qur’anic heirs and worthwhile charitable causes as a legacy or a Waqf. The other 2/3 is reserved for Qur’anic heirs whose shares are fixed. For the 1/3 portion, there is complete freedom in choosing your beneficiary, provided, of course, that the purpose be shari’ah compliant and that it does not impoverish your Qur’anic heirs.
Awqaf SA provides you with the opportunity to make a Waqf through your will (Waqf al Wasiyyah) and, as an option, to administer that Waqf on your behalf. The bequest may take the form of cash, property, share investments, jewelry, or any other asset. You may make a designated or discretionary Waqf, and may stipulate any special conditions in the will. For example, the bequest may be made for a masjid, madressah, literature, school, classroom, library books, elders home, widows home, clinics, etc. As the waqif (Waqf donor), you may appoint a Waqf mutawallee (trustee) of your choice.
Sample Clauses
Sample Bequest Clause for a Discretionary Waqf
I bequeath ……………………………………………………………………………………….
(Specify the bequest – asset or amount- in detail)
to the National Awqaf Foundation of South Africa (Awqaf SA) as a Waqf for the pleasure of Allah in terms of the Standard Waqfiyyah of Awqaf SA. In the event that this bequest exceeds the value of one-third of my estate at the time of my death, the said Waqf shall be reduced to accordingly.
Kindly consult an Awqaf SA representative to facilitate a Waqf al Wasiyyah for you. Expert guidance is available and at hand.