Model Waqf Law Framework
A Common Reference for Modern Waqf Legislation
Supporting jurisdictions in developing, reviewing and modernising waqf laws through a structured, Shari’ah-aware and institutionally adaptable framework.
The Global Waqf Alliance Model Waqf Law Framework is a proposed legislative reference designed to support governments, waqf authorities, regulators, legal professionals and Shari’ah scholars in strengthening the legal foundations of waqf.
It provides a structured approach to key areas of waqf legislation, including the establishment and registration of waqf, governance and fiduciary responsibilities, asset protection and development, financial accountability, regulatory oversight, beneficiary rights, dispute resolution and contemporary forms of waqf.
The Framework is intended as a common reference for national adaptation—not a mandatory or uniform legal system. Each jurisdiction may consider and adapt its provisions in accordance with its constitution, existing laws, institutional arrangements, applicable Shari’ah interpretations and legislative priorities.
Why a Model Waqf Law Framework?
Waqf has significant potential to support long-term social development, community resilience and intergenerational prosperity. Realising that potential requires legal systems that protect endowed assets, uphold the intentions of waqif (endowers), strengthen institutional accountability and enable responsible development.
However, waqf laws and regulatory arrangements differ across jurisdictions. Some systems may require modernisation to address contemporary financial structures, digital administration, cross-border cooperation, changing beneficiary needs and evolving governance expectations.
The Model Waqf Law Framework seeks to provide a structured starting point for addressing these challenges while respecting national legal sovereignty and the diversity of Islamic jurisprudential traditions.
Key Areas Covered
1. Establishment and Legal Recognition of Waqf
Proposed provisions addressing the constitution, documentation, registration and legal recognition of waqf, subject to the applicable law of each jurisdiction.
2. Mutawalli Governance and Accountability
A framework for defining the duties, responsibilities and accountability of mutawallis and other persons entrusted with administering waqf assets, including governance, conflicts of interest and institutional oversight.
3. Protection and Development of Waqf Assets
Principles addressing the preservation, management, investment and lawful development of endowed assets, with appropriate safeguards for waqf purposes, beneficiaries and the intentions of the waqif.
4. Contemporary Forms of Waqf
Consideration of legal and governance arrangements for contemporary structures, including cash waqf, corporate waqf, investment-related waqf and digitally administered waqf, subject to applicable law and Shari’ah review.
5. Financial Reporting, Audit and Transparency
Proposed measures to strengthen recordkeeping, financial reporting, audit, disclosure and accountability in waqf administration.
6. Regulatory Oversight and Enforcement
A reference structure for defining the role, powers and responsibilities of competent national authorities, including supervision, corrective measures and enforcement safeguards.
7. Beneficiary Rights and Dispute Resolution
Provisions addressing beneficiary interests, complaints, dispute resolution and remedies, with the objective of protecting legitimate rights and supporting the continuity of waqf purposes.
8. Digital Administration and Data Governance
Consideration of digital registries, data protection, interoperability with relevant national systems and responsible technology use, subject to legal requirements, privacy safeguards and appropriate authorisations.
9. Cross-Border Cooperation
A proposed basis for cooperation between competent authorities and institutions across jurisdictions, without conferring regulatory powers on the Global Waqf Alliance or replacing national legal procedures.
Designed for National Adaptation
The Framework is intended to support a range of stakeholders, including:
Governments and legislative bodies reviewing waqf legislation.
National waqf authorities and regulatory institutions.
Ministries responsible for religious affairs, justice, finance and social development.
Shari’ah scholars, legal practitioners and policy researchers.
Waqf institutions, mutawallis and professional administrators.
Universities, research institutions and international development partners.
It may serve as a reference for legislative review, policy dialogue, technical research, stakeholder consultation and the development of jurisdiction-specific legal proposals.
The objective is not to replace national law, but to support informed legislative development and stronger waqf institutions.
Principles Guiding the Framework
The proposed Framework is guided by the following principles:
Shari’ah awareness: Consideration of relevant Islamic jurisprudential principles and the need for qualified scholarly review.
Legal sovereignty: National authorities retain responsibility for legislation, regulation and enforcement within their jurisdictions.
Protection of waqf purposes: Respect for the intentions of the waqif, the integrity of endowed assets and the legitimate interests of beneficiaries.
Accountability and transparency: Clear responsibilities, reliable records, appropriate oversight and proportionate safeguards.
Institutional adaptability: Flexibility for jurisdictions to adapt provisions to their legal traditions, administrative capacity and policy priorities.
Responsible modernisation: Consideration of contemporary waqf structures and technologies without compromising legal safeguards or Shari’ah requirements.
Consultation and evidence: Continued engagement with legal experts, Shari’ah scholars, regulators, waqf institutions and other relevant stakeholders.
Development and Consultation Process
The Global Waqf Alliance intends the Model Waqf Law Framework to progress through a structured process of technical refinement and consultation.
Current stage: Consultation draft
The present version is a consultation draft conformed to the Global Waqf Alliance Founding Charter v2.6. Legal and Shari’ah review remains incomplete, and further technical refinement is required before the Framework can be presented as technically validated.
The proposed process includes:
Technical review of legislative structure, terminology and internal consistency.
Legal review of constitutional, statutory, regulatory and jurisdiction-specific considerations.
Shari’ah review of relevant jurisprudential questions and areas requiring scholarly determination.
Consultation with competent authorities, waqf institutions, scholars, legal experts and other stakeholders.
Revision and consideration through the Alliance’s applicable governance procedures.
Consideration of national adaptation by interested jurisdictions through their own lawful processes.
The scope, timing and outcome of these stages will depend on the availability of expert input, governance decisions and the participation of relevant stakeholders.
Important Status and Legal Notice
The Model Waqf Law Framework is currently a consultation draft. It has not been adopted as a final instrument by the Global Waqf Alliance or enacted as legislation by any State. It should not be represented as legally validated, regulator-approved, Shari’ah-endorsed or officially adopted.
Further legal and Shari’ah review is required, including consideration of issues relating to the duration of waqf, istibdal (substitution or replacement of waqf assets), cash waqf, investment screening and other provisions requiring jurisdiction-specific or jurisprudential clarification.
Any future consideration or adoption by the Alliance would not itself enact the Framework as national law. Legal effect can arise only through the relevant jurisdiction’s own lawful legislative and regulatory processes.
The Framework is not legal advice, a fatwa, a regulatory approval or a substitute for advice from qualified legal and Shari’ah professionals.
Participate in the Consultation
The development of credible waqf legislation benefits from the experience of those who administer, regulate, study and serve waqf institutions and their beneficiaries.
The Global Waqf Alliance welcomes relevant expertise and constructive engagement from legal professionals, Shari’ah scholars, policymakers, regulators, waqf institutions, academic institutions and development partners.
Contributions may address legislative design, governance safeguards, contemporary waqf structures, regulatory implementation, beneficiary protection and areas requiring further legal or Shari’ah analysis.
Help strengthen the legal foundations of waqf for future generations.
Contribute to the Consultation Draft
Consultation submissions and any future publication or revision of the Framework remain subject to the Alliance’s applicable procedures and confirmation of its official contact arrangements.
GLOBAL WAQF ALLIANCE
An international platform dedicated to strengthening waqf governance, institutional capacity, responsible investment, digital transformation, and cross-border cooperation for sustainable development.
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