Who can make a Wakf under Muslim Law in India?
Ameer Ali also observed that according to the classical jurists of Islam, a non-Muslim could make a wakf. It is submitted that in view of the clear provisions in the statutes, and in view of the fact that wakfs essentially form part of personal law of Muslims, the Nagpur view is not correct.
Just as marz-ul-maut gifts are valid under Muslim law, so are the marz-ul-maut wakfs. If a person makes a Wakf of his entire property and dies, then it takes effect as a bequest and operates only with respect to one-third of his property. But if the wakif recovers from his illness, then the Wakf is valid as to the entire property.
The Wakf of the whole of the property, too, will be valid on the death of the wakif, if the heirs consent. If only some heirs consent and the others do not, then the Wakf will be valid in proportion to the shares of the consenting heirs.