The Two Types of Waqf
Waqf Ahli (Family Waqf): Income goes to the founder’s family descendants. This protects family wealth across generations while meeting the requirement of charitable dedication. Eventually, when the family line ends, the income typically reverts to a general charitable purpose.
Waqf Khayri (Pure Charitable Waqf): Income goes to a mosque, school, hospital, or other public institution with no family component.
Waqf Mushtarak (Joint Waqf): Combines both — income is divided between family beneficiaries and public charitable purposes, or between multiple charitable purposes.
The Division of Income
When the founder specifies a division — “half the income to my descendants, half to the mosque” — the nazir (administrator) is bound by that specification. When no specific division is stated, the schools differ:
- Hanafi: Interpret ambiguous allocations in favor of charitable purposes over family beneficiaries
- Maliki/Hanbali: Give priority to the founder’s expressed family intent where apparent
Competing Beneficiary Interests
Where beneficiaries have different time preferences (the family wants current income; the charitable institution wants capital investment for long-term income growth), the nazir must follow the founder’s intent as closely as possible and balance the competing interests equitably.
Modern waqf governance frameworks explicitly address this through investment committees that balance income distribution with asset preservation.
See also: Fiqh Al Ghurm Wa Ghanm, Fiqh Adl Wa Ihsan, Fiqh Al Musharakah, Fiqh Al Irth Al Hajb, Fiqh Al Wasatiyyah