Temporary Waqf According to the Mālikī School Its Concept – Sharīʿah Foundations – Objectives

Abstract

This research paper discusses an important type of Awqāf and Hubūs, namely the temporary waqf, which serves as a rich source of numerous benefits that address essential needs. The study aims to establish the Sharīʿah basis for this type of Waqf according to the Mālikī school, to highlight its significance through the objectives it achieves, and to answer a central question: What are the essential components of temporary Waqf in Mālikī jurisprudence?

The research is structured into three main sections:1 Clarification of key concepts 2 An examination of the Sharīʿah foundations according to the Mālikīs 3 A presentation of the most important objectives and intended purposes.

The study concludes with several findings, the most significant of which is that the Mālikī position permitting temporary Waqf aligns with the spirit of Sharīʿah and its flexibility. The justification for its validity lies in the continued ownership of the endowed property by its donor, while dissenting views assign ownership either to the beneficiaries or to God Almighty. Furthermore, the wide practice of temporary Waqf and the diversity of its applications contribute to forming a tremendous and effective endeavor, unmatched by institutions in both quantity and quality.

Keywords: Habs, temporary Waqf, Mālikī school, objectives of Islamic law.