Temporary Waqf (Waqf Muʾaqqat): Historical Evolution and Juristic Doctrine from Classical ʿUmrā to Madhhab Plurality and Modern Legal Codification

Abstract

Waqf is conventionally understood as a perpetual (taʾbīd) dedication of property whose ownership passes to God (mamlūk lillāh). Contemporary Islamic social finance, however, has revived debate on temporary waqf (waqf muʾaqqat), namely the dedication of an asset’s usufruct for a fixed period. This article aims to trace the historical evolution of temporary waqf doctrine from the second century AH, to analyse comparatively the positions of the four Sunni schools and their underlying uṣūl al-fiqh reasoning, and to assess its codification in the statutory law of Kuwait, Malaysia and Indonesia, with India as a contrasting case. Adopting a qualitative doctrinal legal research design that combines historical-legal, comparative jurisprudence (fiqh muqāran) and maqāṣid al-sharīʿah approaches, the study analyses classical juristic texts, statutes and peer-reviewed literature through content and thematic analysis. The findings show that temporary waqf is not a modern invention. It is rooted in second-century AH practices of ḥabs and ʿumrā in favour of persons, is permitted in principle by the Mālikī school, and finds support in a report attributed to Abū Yūsuf (Ḥanafī) and in minority opinions within the Shāfiʿī and Ḥanbalī schools. Arguments for its permissibility rest on analogy with usufruct-transferring contracts, custom (ʿurf) and public interest (maṣlaḥah), whereas the majority rely on analogy with manumission (ʿitq). At the statutory level, Kuwait and Indonesia recognise temporary waqf explicitly, while Malaysia exhibits a non-uniform, state-by-state approach. The article concludes by recommending the harmonisation of temporary waqf provisions in Malaysian state enactments on the basis of siyāsah sharʿiyyah, accompanied by governance safeguards such as duration limits, registration and exceptions for mosques and cemeteries.