Waqf is a venerable Islamic institution based on dedicating property — suspending ownership and devoting its benefits to charitable purposes. Kuwait gives special attention to awqaf through the General Secretariat of Awqaf and comprehensive regulatory legislation.
Social pillar: awqaf in Kuwait fund mosques, schools, hospitals, and charitable projects — managed under government oversight to ensure the endowers' intentions are fulfilled.
Contents
1) The Concept of Waqf
- Definition: dedicating property — suspending sale, gift, and inheritance — and devoting its benefits to a charitable cause.
- Nature: an irrevocable disposition — cannot be withdrawn once validly made.
- Perpetuity: waqf is presumed perpetual — though limited-term waqf is permitted in some cases.
- Independence: a waqf is an independent financial entity — it does not form part of the endower's estate and cannot be seized for their debts.
Shari'a basis: waqf is grounded in Islamic jurisprudence — Kuwait applies its rules according to the Maliki or Ja'fari school depending on the endower's denomination.
2) Types of Waqf
Charitable waqf
- Endowed for a public charitable purpose (mosque, school, hospital).
- Benefits the general public or a defined needy group.
- Does not end on the endower's death.
- Supervised by the General Secretariat of Awqaf.
Family (dhurri) waqf
- Endowed for the endower's descendants and family.
- Benefits specified individuals, then reverts to charity.
- Passes between generations per the endower's stipulations.
- Ultimately reverts to a charitable purpose.
3) Validity Conditions
- Capacity: the endower must be of full age, sound mind, and acting voluntarily — with capacity to donate.
- Ownership: the endowed property must be fully owned by the endower.
- Specification: the property must be identified, known, and capable of yielding benefits while its substance remains.
- Designation: the charitable purpose or beneficiary must be sufficiently identified.
- Declaration: the waqf must be expressed in clear language or what indicates it.
Documentation: the waqf is officially documented at the Shari'a Authentication Department — lack of documentation does not void it but weakens proof.
4) Awqaf Administration
- General Secretariat of Awqaf: the government body responsible for supervising, managing, and investing awqaf.
- Nazir (trustee): the endower may appoint a trustee to manage the waqf — otherwise one is appointed by the Secretariat.
- Investment: waqf funds are invested in accordance with Shari'a guidelines to grow their returns.
- Accounting: the trustee must submit periodic accounts to the General Secretariat.
- Oversight: awqaf are subject to audit by the State Audit Bureau and government oversight bodies.
Law 257/2015: regulates the administrative structure of the General Secretariat of Awqaf and its powers of supervision, investment, and expenditure.
5) Beneficiaries' Rights
- Entitlement: beneficiaries receive their share per the endower's stipulations — equally or otherwise.
- Claim: a beneficiary may sue the trustee for their share if it is withheld.
- Protection: the trustee may not deprive a beneficiary except for a cause stipulated by the endower.
- No limitation: beneficiaries' rights do not lapse by limitation — because the waqf is ongoing.
6) Waqf Disputes
Types of disputes
- Validity or invalidity of the waqf.
- Interpretation of the endower's stipulations.
- Entitlement among beneficiaries.
- Trustee's conduct and removal.
Competent court
- Court of First Instance (Personal Status Division).
- Interpreting the endower's stipulations is a Shari'a matter.
- Removal of the trustee is subject to judicial oversight.
- Appeal and cassation are available.
7) Contemporary Waqf
- Waqf shares: endowing shares in listed companies — dividends spent on charity.
- Waqf funds: professionally managed waqf investment funds.
- Cash waqf: endowing cash sums that are invested, with profits spent on charity.
- Digital platforms: waqf can be established online through the General Secretariat's platform.
Innovation: Kuwait is a pioneer in contemporary waqf development — the General Secretariat manages a large waqf investment portfolio comprising real estate, equities, and sukuk. See personal status and inheritance.
8) Practical Guidance
Establishing a waqf
- Define the endowed property and purpose with absolute clarity.
- Document the waqf at the Shari'a Authentication Department.
- Appoint a competent trustee and define their powers.
- Consult a lawyer to draft the waqf stipulations.
For beneficiaries
- Review the waqf deed to know your rights.
- Demand periodic account statements from the trustee.
- Sue if you are deprived of your entitlement.
- Report any negligence to the General Secretariat.
Need to establish a waqf or claim your waqf entitlements? Contact Attorney Meshari Obaid Al-Enezi — Yumnaak Law Firm.
