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Old Tuesday, November 01, 2011
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Default 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.
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