Waqf Deed — Islamic Endowment (Pakistan)

A Waqf Deed — Islamic Endowment in Pakistan declares the terms on which trustees hold property for the benefit of others, defining their powers and duties.

The Waqf Properties Ordinance 1979 is the principal federal legislation governing Waqf in Pakistan. The Ordinance vests the administration of Auqaf (plural of Waqf) in the Chief Administrator of Auqaf in each province, operating through the provincial Auqaf and Religious Affairs Departments. The Chief Administrator of Auqaf in Punjab administers Waqf properties through the Punjab Auqaf Department headquartered in Lahore; the Sindh Auqaf Department operates in Karachi; and similar departments exist in KPK and Balochistan. The Waqf Properties Ordinance 1979 provides for the registration, administration, protection, and management of Waqf properties throughout Pakistan.

Under Islamic law (Fiqh), three essential elements are required for a valid Waqf: (1) Waqf-nama (declaration): the waqif must make a clear and permanent declaration (sigha) dedicating the specified property to Waqf — the declaration must be unconditional and not time-limited, as Waqf is by nature permanent; (2) the dedicated property (mauquf) must be identified with certainty — it must be existing, ascertainable, and capable of yielding benefit on a continuing basis; and (3) the purpose of the Waqf (mauquf alaihi) must be a pious or charitable object recognised under Islamic law — mosques, madrassas, hospitals, cemeteries, bridges, wells, and provision for the poor are all valid Waqf purposes, as is a family Waqf (Waqf-alal-aulad) that benefits the waqif's descendants with remainder to charity.

Registration of the Waqf Deed with the Sub-Registrar under the Registration Act 1908 and notification to the provincial Auqaf Department are required under the Waqf Properties Ordinance 1979. Once registered as Waqf, the property cannot be sold, mortgaged, gifted, or otherwise alienated — Waqf property is inalienable under Islamic law, and Pakistani courts including the Federal Shariat Court have consistently upheld this principle. The Lahore High Court and Sindh High Court have extensive Waqf jurisprudence addressing the creation, administration, and protection of Waqf properties in Pakistan.

The Council of Islamic Ideology (CII) is the constitutional advisory body under Article 228 of the Constitution of Pakistan 1973 that reviews legislation for conformity with the Quran and Sunnah, including Waqf-related statutes. The Transfer of Property Act 1882 Section 122 deals with gifts generally, but Waqf is governed by its own distinct rules of Islamic law. Under Section 3 of the Waqf Properties Ordinance 1979, the Administrator General of Auqaf has supervisory powers over all registered Waqf properties. The Stamp Act 1899 requires Waqf Deeds executed in Pakistan to be stamped with the applicable provincial stamp duty before registration with the Sub-Registrar. The Punjab Land Records Authority (PLRA) maintains digitised records at Arazi Record Centres across Punjab and processes mutation (intiqal) of Waqf property entries upon production of the registered Waqf Deed and Auqaf registration certificate.

A Waqf Deed in Pakistan is required whenever a Muslim property owner wishes to permanently dedicate property for religious, charitable, or pious purposes under Islamic law.

A Waqf Deed is required when dedicating immovable property — land, a building, a commercial property generating rental income — to support a mosque (masjid), Islamic school (madrassa), hospital, or other charitable institution in Lahore, Karachi, Islamabad, Rawalpindi, or elsewhere in Pakistan. The Waqf Deed constitutes the foundational charter of the endowment and is the document registered with the Sub-Registrar under the Registration Act 1908 and submitted to the provincial Auqaf Department under the Waqf Properties Ordinance 1979.

A Waqf Deed is needed to create a family Waqf (Waqf-alal-aulad), which allows the waqif to dedicate property for the benefit of their descendants with remainder to charity upon the extinction of the family line. Family Waqfs are widely used in Pakistan as an Islamic estate planning mechanism to keep family property intact across generations and avoid fragmentation through Faraid inheritance distribution.

A Waqf Deed is required when registering a Waqf property with the provincial Auqaf Department. The Chief Administrator of Auqaf requires a written Waqf Deed identifying the property and specifying the Waqf's purpose and administration before registering the Waqf and protecting the property under the Waqf Properties Ordinance 1979.

A Waqf Deed is needed when a person wishes to provide perpetual support for a specific charitable purpose — funding scholarships for students, providing free medical care, maintaining a community water facility — through the income generated by the dedicated property.

A Waqf Deed is required when an Islamic financial institution or cooperative society in Pakistan, recognised by the Securities and Exchange Commission of Pakistan (SECP) and the State Bank of Pakistan (SBP), wishes to structure its charitable activities through a Waqf vehicle in accordance with Islamic finance principles.

A Waqf Deed is needed for overseas Pakistanis who hold property in Pakistan and wish to dedicate it as Waqf through a General Power of Attorney executed before the Pakistani Embassy or Consulate in their country of residence, with the attorney-in-fact submitting the Waqf Deed to the Sub-Registrar and Auqaf Department in Pakistan.

Parties in Pakistan should execute a Waqf Deed while the waqif is of full legal capacity. A Waqf made during a death illness (Maradh-ul-Maut) is subject to the one-third limitation applicable to bequests under Islamic law, as upheld by Pakistani superior courts.

A valid Waqf Deed in Pakistan under the Waqf Properties Ordinance 1979 and Islamic law requirements must contain the following essential elements.

Waqif's Identity: Full legal name, CNIC number issued by NADRA, residential address, and declaration that the waqif is a Muslim of full legal capacity making the Waqf voluntarily and without duress. The waqif must be the absolute owner of the property being dedicated as Waqf.

Declaration of Waqf (Sigha): A clear, unconditional, and permanent declaration by the waqif dedicating the specified property as Waqf for the stated purpose. The declaration must not be time-limited or subject to revocation conditions, as Waqf is permanent under Islamic law once validly constituted.

Property Description (Mauquf): A detailed description of the dedicated property including type (residential, agricultural, commercial); full postal address in the relevant city such as Lahore, Karachi, Islamabad, or Rawalpindi; Tehsil and District; Khasra number and area in Marlas or Kanals (for agricultural land); boundaries (North, South, East, West); and property registration number as recorded in the Punjab Land Records Authority (PLRA) system or relevant provincial land registry.

Purpose of Waqf (Mauquf Alaihi): A precise statement of the charitable or religious purpose for which the Waqf is created — mosque maintenance, madrassa education, hospital services, care of the poor, scholarships, or family Waqf (Waqf-alal-aulad) with remainder to charity. The purpose must be lawful under both Pakistani law and Islamic law. The Federal Shariat Court under Article 203D of the Constitution of Pakistan 1973 reviews the conformity of Waqf arrangements with the Injunctions of Islam.

Mutawalli (Administrator): The name, CNIC number, and address of the appointed mutawalli — the trustee or administrator who manages the Waqf property, collects income from it, and applies it to the Waqf's stated purposes. The mutawalli's powers and duties should be specified, including obligations to maintain proper accounts and report to the provincial Auqaf Department under the Waqf Properties Ordinance 1979. The Chief Administrator of Auqaf has supervisory powers over the mutawalli under Section 3 of the Ordinance.

Beneficiaries: For a public Waqf, the general description of the class of beneficiaries. For a family Waqf (Waqf-alal-aulad), the initial beneficiaries by name with CNIC numbers and the rules for succession within the family across generations, with ultimate remainder to a named charitable purpose.

Administrative Provisions: Rules for appointment of successor mutawalli; procedure for necessary repairs and maintenance of the Waqf property; accounting obligations; and the procedure for seeking guidance from the Auqaf Department in cases of doubt.

Registration and Mutation: The Waqf Deed must be registered with the Sub-Registrar under Section 17 of the Registration Act 1908. After registration, the parties should apply for mutation (intiqal) at the PLRA Arazi Record Centre or provincial revenue office, and submit a certified copy to the provincial Auqaf Department for entry in the official Waqf register maintained under the Waqf Properties Ordinance 1979.

Stamp Duty: Execution on non-judicial stamp paper of the value prescribed by the applicable provincial stamp duty schedule under the Stamp Act 1899 — rates for Waqf deeds vary between Punjab, Sindh, KPK, and Balochistan.

Forms-legal.com provides this Waqf Deed (Pakistan) template as a starting point. Islamic endowments are permanent and irrevocable under Islamic law. The waqif should obtain guidance from a qualified Islamic scholar and a qualified Advocate enrolled at the relevant Bar Council before executing a Waqf Deed to confirm full compliance with the Waqf Properties Ordinance 1979 and the applicable Hanafi Fiqh principles.