Making a Waqf
Waqfiyyah: A written deed, document, or charter setting out in detail the waqf that has been made, its purpose and the terms and conditions governing its use and management thereof.
This is the Awqaf SA standard Waqfiyyah for discretionary waqfs or endowments. All waqfs are automatically governed in terms of this Waqfiyyah, unless otherwise determined by the waqif/ah or donor.
All Praise is due to Allah, Lord of the Worlds. Salaat and Salaam to the Noble Prophet Muhammad. (S).
Enjoin what is right and just and forbid what is wrong, evil and unjust. And loan to Allah a beautiful loan. (Qur’an)
When a person dies all good actions come to an end except three (a) continuous charity, (b) beneficial knowledge, and (c) pious children who pray for the deceased. (Hadith)
NIYAH
Being cognisant of the concerns of Muslims and the Poor in South Africa, my duty to Allah, to the Muslim ummah, and to humanity, and having realised the need:
(a) to empower Muslim, poor, and disadvantaged communities
(b) to contribute meaningfully to nation-building and poverty alleviation in post-apartheid South Africa, I do hereby declare and make my niyah to establish a waqf by this waqfiyyah solely for the pleasure of Allah.
TO GIVE EFFECT TO THE ABOVE NIYAH:
1) As waqif/a I hereby dedicate the amount/s / property/ assets hereinafter referred to as the “waqf capital” paid /donated by me to the National Awqaf Foundation of South Africa (hereinafter referred to as ‘AWQAF SA’), as an irrevocable waqf lillah :
2) The waqf capital shall be kept in trust and be invested and administered by AWQAF SA or its duly authorised agents or nominees in terms of its rules and regulations:
3) Payment of the waqf shall be effected by debit order, stop order, or by lump sums – by cheque or cash.
4) The waqf capital shall be allocated to the Discretionary Waqf and the revenue accruing from the waqf so invested shall be allocated in terms of AWQAF SA’s rules governing discretionary expenditure.
5) Should I wish to designate a portion, I shall inform AWQAF SA in writing accordingly.
6) Unless there is no longer use for the revenue for the aforementioned designated purpose, the said portion/s shall be applied in terms of AWQAF SA’S rules governing discretionary expenditure.
7) I hereby authorise the Council of Mutawallees to pay a maximum of 12,5% of waqf revenue as administration costs.
8) The waqf capital sum shall not be expended for any consumption or revenue expenditure but shall be invested for the benefit of the beneficiaries as stated in clauses 4), 5), and 6) above .
9) The Council of Mutawallees is hereby authorised to maintain, upgrade, or dispose of the waqf property provided that the corpus of the waqf remains intact.
10) The Council of Mutawallees will be entitled to capitalise all or a portion of unspent revenues to the Waqf described herein.
11) I hereby appoint the Council of Mutawallees to be my ‘waqf Mutawallee’. My waqf Mutawallee shall appoint another in succession. The waqf Mutawallee will be accorded rights and duties in terms of the AWQAF SA TRUST and shall comply with all requirements as stipulated by the Council of Mutawallees of the AWQAF SA TRUST.
12) I understand that I have a right to change the waqf Mutawallee at my discretion and to make such other changes to this waqfiyyah as I deem appropriate in writing to the Registrar of Awqaf SA. By making a waqf through AWQAF SA, I understand that I have also acquired certain rights in terms of the AWQAF SA Trust Deed.
13) I hereby undertake to do all things necessary to give effect to this waqfiyyah. I also undertake to inform AWQAF SA of any changes in my personal contact details.
14) May Allah accept my waqflillah and may He grant success and baraka in the administration and fulfilment of my wishes as stated in this waqfiyyah.
15) Thawaab for this waqf is dedicated to persons according to my intention.
View the following Awqaf SA Standard Waqfiyyahs for:
How to Make a Waqf?
Easy steps on how to make a Waqf
How to make a Waqf Lillah?
Being generous is a spiritual investment.
(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.
Direct Lump sum
(Waqf al Nuqud)
The Lump Sum Waqf is for any person who wishes to make regular or occasional cash, cheque, electronic deposits. Direct deposits may be made into the Awqaf SA bank account as and when you please. The amount is entirely voluntary and may be large or small.
Benefits
- Waqf / charitable endowment by regular monthly debit order payment
- Helps financial planning and in spreading out commitment
- Donor is in control and may increase, decrease, or cancel at short notice
Fixed Asset
(Waqf Al Maal)
The Waqf Al Maal is for any person who wishes to make a waqf of a portion of his/her wealth. This could take the form of a building, property, house, share investments, jewelry, gold coins etc.
In the case of moveable assets such as coins or jewelry, Awqaf SA would have them carefully evaluated and converted to cash. The cash would then be invested in fixed property or other prudent investment.
Benefits
- Leave a legacy
- Sustainable income
- Support priority projects in needy communities
Trade & Commerce
A Waqf from trade & commerce
(Waqf Al Tijarah)
The Waqf Al Tijarah is for persons who wish to make a Waqf of a percentage of either business turnover or profits. It is also recommended that you make an intention to make a Waqf from a specific transaction or deal. Nowadays, you may also include Awqaf SA as beneficiary as part of an BEE Empowerment Deal. The % is entirely voluntary. The amount could be banked directly by direct deposit or electronic transfer, either occasionally or regularly.
A debit order facility could also be arranged.
The Waqf may be designated or discretionary.
It is recommended that a written Waqfiyyah or deed be completed for designated Waqfs.
Benefits
- Blessings in business
- Community reinvestment / Social responsibility
- Community support for business
- Growth of Waqf funds can be fast-tracked
1% Per Month Waqf Campaign is for anyone – student, housewife, professional, clerk, business, factory worker, shop assistant etc – who has a regular income and a bank account.
The payment is made by debit order and the waqif/a must complete a payment authorisation form available from Awqaf SA.
Make only 1% of your monthly income into a waqf* and make a big difference to the empowerment of Muslim as well as to poor and disadvantaged communities in South Africa, our home.
We have survived the past 350 years.
What about the next 350 years?
Our fore bearers laid the foundations and infrastructure for a vibrant Muslim Community. So too, should we leave a great heritage for our children – so that Islam may flourish throughout this beautiful land.
We have to develop further infrastructure to serve our needs and also contribute towards nation-building and poverty alleviation, particularly among poor communities.
The amount of 1% is voluntary and recommended and could be more, or less, as the waqif/a pleases. This is a convenient way and takes advantage of available technology.
“The most beloved action to Allah is the most continuous, even if little.” Hadith