Saturday 17 September 2022

What is distinction between Muslim trust and wakf?

 There is a vast difference between Muslim Wakfs and Trusts created by Muslims. The basic difference is that Wakf properties are dedicated to God and the “Wakif” or dedicator, does not retain any title over the Wakf properties. As far as Trusts are concerned, the properties are not vested in God. Some of the objects of such Trusts are for running charitable organisations such as hospitals, shelter homes, orphanages and charitable dispensaries, which acts, though recognized as pious, do not divest the author of the Trust from the title of the properties in the Trust, unless he relinquishes such title in favour of the Trust or the Trustees. At times, the dividing line between Public Trusts and Wakfs may be thin, but the main factor always is that while Wakf properties vest in God Almighty, the Trust properties do not vest in God and the trustees in terms of Deed of Trust are entitled to deal with the same for the benefit of the Trust and its beneficiaries.


Supreme Court of India
Maharashtra State Board Of Wakfs vs Shaikh Yusuf Bhai Chawla & Ors on 11 May, 2012
Author: A Kabir
Bench: Altamas Kabir, J. Chelameswar, Ranjan Gogoi

 Read full Judgment here: Click here                                        
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