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REHMATULLAH BROHI vs GHULAM SARWAR S — 2024 CLC 1158 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 1158 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
REHMATULLAH BROHI vs GHULAM SARWAR S
Provisions referred to
S. 3

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

REHMATULLAH BROHI VS GHULAM SARWAR S. 3(f)---Muslim Waqf---Object, purpose and scope---Once Waqif creates Waqf, it gets tied up forever and becomes non-transferable---Main objective behind creating Waqf is that its usufruct is made available for purposes that are valid under Muslim Law---For creating a Waqf, there are certain essentials that need to be followed:- (i) Waqf should be for religious, pious, and/or charitable purposes; (ii) It should be of permanent nature, i.e., absolute, irrevocable, non-transferable, and unconditional and (iii) Once Waqf is created, ownership vests in the name of Almighty Allah, i.e., detention of thing, is implied ownership of the Almighty---Usufruct that is obtained from Waqf property is for the benefit of mankind---Waqf cannot be created by every person---There are only certain people who can create a Waqf---It can be created by a major person, with no fraud, undue influence or coercion, or any deadly illness---There are only certain things that can be made, Waqf like the Koran, swords, war camels and horses, shares in companies, and money for loans to the poor---Waqf, under Muslim Law, is created by Waqif orally or in writing and then Almighty Allah becomes the owner of the property, which is irrevocable and later cannot be transferred back---Waqf can only be of those objects that are considered valid under Muslim law.

Other judgments reported in 2024 CLC

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