The vakuf according to Islamic regulations

Abstract

Inspired by the Kuran and Sunnet, the ashabes-fellow fighters of the prophet started to establish charitable foundations for the benefit of religious, educational and humanitary institutions. Their example was followed by the next generations of Moslems, and the institution of vakuf gives today an immeasurable contribution to the normal current of religious life. In the history of Islam vakufs were founded by both men and women.
Many regulations about vakufs were established through idžtihad  free opinions of Islamic Law theoreticals given to fill gaps in the law which not infrequently followed one of the principles of Islamic Jurisprudence »maslehatu-l-'amme« — public benefit.

Therefore acording to the opinion of the author of this paper it is necessary to take into account the possibility of an exchange of vakufs, that is the selling of vakufs which in the course of time had lost their previous purpose, and which did not give the expected incomes.
The proceeds of the sale would be used for the purchase of immovable property with greater and more durable incomes. Besides »clean« (srf) vakufs there were also family (ehli)vakufs, which were often the subject of court procedures. In the first decades of Islam these vakufs were not so frequent, and in the memory the manner of establishing of vakufs by ashabs was fresh, so that there were obstacles neither in the manner of their establishment nor in their exploitation.

In the course of time, there occured irregularities and lapses from the established manner of establishing vakufs, as for instance favoring of male descendants and the preventing female's children from using vakufs. This disposal of family vakufs is opposite to the Kuranic prescriptions on inheritance (a testator can not by his own will exclude legal inheritors), as well as in the Hadis of Muhamed a. s.: »La derere ve la divar« — It is forbidden to do harm or for harm to return harm. Today it is impossible to establish family vakufs in Yugoslavia, because acording to the Law of Inheritance the testator can appoint his inheritors but not the inheritors of his inheritors.

After the abolition of the Sheriat Courts in 1946, responsibility for the management and care of vakufs was transferred to the Islamic Community. The regulations of the Islamic Community concerning this matter have been brought into completed accordance with the basic principles of the Sheriat.