Faq

1. 1. WAQF KHAIRI (PHILANTROPIC WAQF)

A dedication in perpetuity of the capital and income of an asset, recognized by Islamic law, for philanthropic causes even if it subsequently s dedicated to specific people.

2. 2. WAQF ZURRI (POSTERITY/FAMILY WAQF)

Dedicating one’s assets as approve by Shariah in favour of ones own and subsequently dedicating it to philanthropic  causes.

WAQIF

Is the Founder or Donor of the property

MUTAWALLI

Is a local manager of property

• Al-Waqif (waqf giver)
• Al-Mawqufal-Mawquf’alih (waqf property)
• Sighah (offer and acceptance of waqf)VHS.

• To express one’s submission and piety to Allah SWT
• To get close to Allah SWT
• To get a continuous charity in this and afterlife
• Sharing benefits with Muslim community like building mosqyes and schools
• To strengthen the unity of ummah

This is a board of members of a religious, charitable or benevolent endowment or dedication of any property in accordance with Islamic law appointed and constituted under section 6 of Kenyan constitution to prescribe their powers, duties and to amend the law relating to wakf property.

1. The Wakf Commissioners shall be a body corporate having perpetual succession and a common seal, and shall have all the powers, functions and duties conferred and imposed by this Act.
2. The Wakf Commissioners may sue and be sued in its corporate name, and may for all purposes be described by that name.
3. The seal of the Wakf Commissioners (Cap. 47) shall be authenticated by the signature of the chairman, or a commissioner authorised to act in that behalf, and the secretary, and the seal shall be officially and judicially noticed.
4. All documents, other than those required by law to be under seal, made by, and all decisions of, the Wakf Commissioners may be signified under the hand of the chairman, any commissioner authorized in that behalf, or the secretary.

• Advise Central Government
• Monitor Amendment Wakf Act
• Protection and retrieval of the Waqf Properties
• Scheme for Development of Urban Waqf Properties
• Educational and Women Welfare Schemes Implementation
• Get information on the performance of the State Waqf
• To Take up the Waqf matters
• To Undertake Awareness Programmes

1. There is hereby constituted a body to be known as the Wakf Commissioners of Kenya, which shall consist of eight persons, of whom:

• • One shall be the Provincial Commissioner of the Coast Province, who shall be ex officio a member;
  • One shall be the Chief Kadhi, who shall be ex officio a member;
  • One shall be a Muslim appointed by the Minister on the nomination of the Provincial Commissioner of the Coast Province;
  • Five shall be Muslims appointed by the Governor from a panel of names submitted by the Provincial Commissioner of the Coast Province after taking into consideration Muslim opinion in relation thereto

2. Every commissioner appointed under paragraph (c) or paragraph (d) of subsection (1) shall hold office for a period of three years unless he sooner resigns or, for good cause, is removed by the Minister, but shall be eligible for reappointment.
3. Any vacancy among the commissioners appointed under paragraphs (c) and (d) of subsection (1) shall be filled by some person appointed by the Minister in the same manner as the person whose vacancy is to be filled was appointed.

1. Subject to the provisions of subsection (2), all property the subject of any wakf which is under the control of the Wakf Commissioners shall be administered by the Wakf Commissioners in accordance with the intentions of the maker of the
   wakf, if those intentions are lawful according to Muslim law and are capable, of being carried into effect, and whether those intentions are ascertainable by reference to tradition or by reference to any other evidence lawfully obtainable.
2. In any case where in the opinion of the Wakf Commissioners the intentions of the maker of a wakf are unlawful or unascertainable or are incapable of being carried out, or where any surplus revenue remains after fulfilling the intentions of the maker of the wakf, the Wakf Commissioners shall in the case of a wakf Khairi, apply the property the subject of the wakf or any surplus property or revenue therefrom, as the case may be, for such benevolent or charitable purposes on behalf of Muslims as appear to the Wakf Commissioners proper, and, in the case of a wakf Ahli, shall apply the property or surplus property or revenue in such manner as the wakf Commissioners think fit for the benefit of the beneficiaries of the wakf.

If it appears to the Wakf Commissioners that in respect of any wakf the intentions of the maker cannot reasonably be carried into effect and that it is accordingly expedient that the property the subject of the wakf or any part thereof should be sold, the Wakf Commissioners may cause that property or part thereof to be sold, and shall apply the proceeds of sale in the manner provided by subsection (2) of section 16: Provided that nothing in this section shall be deemed to authorize the sale
of any land or any part thereof which under any wakf is to be used for a cemetery or burial ground or for the building of a mosque.

1. The Wakf Commissioners shall keep, in such form and containing such particulars as may be prescribed, a register of all property the subject of a wakf.
2. Every trustee of property the subject of a wakf shall, within two months from the date of the making of the wakf, apply to the Wakf Commissioners to register it; and every application shall be in such form and shall contain such particulars and be accompanied by such fee as may be prescribed.
3. All fees for the registration of property the subject of a wakf shall be credited by the Wakf Commissioners to a fund to be known as the general administration fund.
4. Any trustee who fails to comply with the provisions of subsection (2) shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months.