What are the essential conditions of valid waqf?
(i) The person constituting the waqf should be a Muslim. (ii) Should be a person of sound mind. (iii) Should have attained the age of majority. The Madras and Nagpur High Courts have held that a non-Muslim can also create a valid waqf provided the objective of the waqf so created is not against the principles of Islam.
What is the wakf Act?
The Waqf Act, 1995. Long Title: An Act to provide for the better administration of Auqaf and for matters connected therewith or incidental thereto. Ministry: Ministry of Minority Affairs.
When the donor is suffering with death illness is known as?
Death-Bed Gifts (Donatio Mortis Causa): There are two aspects of a gift made during death-illness; in its formation it is a pure gift but in its legal consequences it is a will. Describing the nature of a ‘gift during death-illness’ (donatio mortis causa) Buckley, L.J.
How waqf can be revoked?
Irrevocable – In India, a wakf once declared and complete, cannot be revoked. The wakif cannot get his property back in his name or in any other’s name.
What is the full form of waqf?
A waqf (Arabic: وَقْف; [ˈwɑqf]), also known as hubous (حُبوس) or mortmain property is an inalienable charitable endowment under Islamic law. It typically involves donating a building, plot of land or other assets for Muslim religious or charitable purposes with no intention of reclaiming the assets.
What is deathbed gift?
Marz-ul-Maut means death-bed gift, which is a concept recognized by many systems of law. It is based on the principle of mortis causa meaning in contemplation of approaching death. The rules concerning Marz-ul-Maut inculcate the ideas of the gift as well as will.
Can Hiba be revoked?
Revocation of Hiba Although Prophet was against the revocation of gifts, it is a well-established rule of the Islamic law that all voluntary transactions, including Hiba, are revocable. Different schools have different views with regard to revocation.
What is Section 40 wakf Act?
(1) The Board may itself collect information regarding any property which it has reason to believe to be wakf property and if any question arises whether a particular property is wakf property or not or whether a wakf is a Sunni wakf or a Shia wakf it may, after making such inquiry as it may deem fit, decide the …
Are death bed wishes legal?
Last-minute wills, often called “deathbed wills,” can be just as valid as a will created in a lawyer’s office.
What is mortis causa?
A Latin term referring to the awareness that death is approaching. In property law, when a party, acting with awareness that their death is approaching, gives something to another party, the resulting gift is known as a gift causa mortis.
Can Hiba be challenged?
The courts say that the mutation is not a document of title and meant for fiscal purpose only. If at any stage, the Mutation of oral gift is challenged before the Civil Court , the Civil Court may cancel it easily, if the gift is not proved.
How do you prove Hiba?
Fakhr Jahan Begam and Ors., (1922) 49 Indian Appeals 195 declared the following requirements for a valid hiba or gift under Muslim law – 1) expression on the part of the donor of desire to give; 2) acceptance of the donee, either implied or expressly; and 3) the taking of possession (either actual/physical or …
Is Wakf Board under government?
The State Waqf Boards are established by the State Governments in view of the provisions of Section 9(1) the Waqf Act, 1954. These work towards management, regulation and protect the Waqf properties by constituting District Waqf Committees, Mandal Waqf Committees and Committees for the individual Waqf Institutions.
Can there be oral will?
A will may be made orally if it is a privileged will (a will which can be made by a member of the armed forces employed in an expedition or engaged in actual warfare).
What is death bed gift?
A death bed gift is when someone fears they are in imminent danger of dying, and makes an oral request that a specific person receives a specific gift from their estate. There is nothing in writing and possibly no other witnesses.
What are the laws in Pakistan for workers’compensation?
Following are the laws in Pakistan which pertain to the issues of sickness leaves, benefits and compensation of workers in cases of accidents or injuries: The Workmen’s Compensation Act, 1923 (applicable in ICT, Sindh & Balochistan) The Workmen’s Compensation Act, 1923 (adapted by the province of Punjab through Amendment Act of 2013)
What was the Wakf Act of 1954?
THE WAKF ACT, 1954 ACT NO. 29 OF 1954 1* [21st May, 1954.] An Act to provide for the better administration and supervision of wakfs. BE it enacted by Parliament in the Fifth Year of the Republic of India as follows:-
What is Section 42 of Khyber Pakhtunkhwa Workers’ Compensation Act 2013?
Section 42 of the Khyber Pakhtunkhwa Workers’ Compensation Act, 2013 provides that there shall not be any discrimination on the basis of sex, religion, sect, colour, caste, creed, or ethnic back ground in considering and disposing of issues relating to compensation, in the event of injury or, death, to the workers or, their legal heirs.
What is Waqf and what does it mean?
“According to Sec. 3 (i) Waqf means the permanent dedication by a person professing Islam of any moveable and immovable property for any purpose recognized by the Muslim law as pious, religious or charitable.”