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.
Awqaf SA Discretionary Waqfiyyah
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)
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, and (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.