The Effect of Prescription on Entitlement to Waqf Property and Its Benefits: A Comparative Jurisprudential Study

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This study examines the lapse of time in relation to waqf and addresses several questions: Does lapse of time extinguish a claimant’s right to waqf and render the claim inadmissible, as with other financial rights? If a claim concerning an aged waqf is heard and entitlement established, is the claimant entitled to benefits for preceding years or only for future periods? Is the nāẓir liable for rights he neglected, and what are the Sharīʿah-compliant means of publicizing waqf properties? The study aims to answer these questions, assist judges in cases, clarify the position on the extinguishment of rights by lapse of time, and determine its applicability to waqf under Islamic jurisprudence and law. The researcher adopts a descriptive-analytical methodology, surveying opinions and comparing them to determine the strongest view. The study concludes that the lapse of time applicable to waqf differs from that applicable to other rights because waqf has no private owner; therefore, jurists have excluded it from rights extinguished by lapse of time. It also finds that lapse of time loses effect when a legitimate excuse for failing to claim the right is established. Moreover, the nāẓir is responsible for publicizing the waqf and is liable for concealing it from beneficiaries. The study recommends further research into Sharīʿah-compliant means of restoring unknown waqfs, protecting beneficiaries’ rights, and preventing nāẓirs from controlling waqf assets or altering the founder’s conditions.