Confused between Waqf and Bequest
Can someone please tell me If a testamentary bequest includes a charitable purpose how is it different from a testamentary waqf? Solely on the basis of perpetuity and proprietary rights?
Also please add or correct the following if they're incorrect.
DIFFERENCE BETWEEN WAQF AND BEQUEST
1. A bequest comes into effect only after the testator’s death whereas a waqf may take effect during the waqif’s lifetime
2. A bequest cannot be made to persons not yet in existence (considering a child in womb is in existence), whereas a waqf can be made in favor of people not yet in existence.
3. A waqf inter vivos is irrevocable whereas a bequest may be revoked during the testator’s lifetime.
4. In a waqf proprietary right of the grantor is divested there from, in a bequest the proprietary rights pass own to the beneficiary.
5. Perpetuity is necessary in a waqf, in a bequest it is not.
6. A bequest may or may not include a charitable purpose, whereas the basis of waqf is a charitable purpose.
|