Waqf deeds registered & compliant
This criterion assesses whether the organization has properly registered and legally documented its waqf (endowment) assets in compliance with both Islamic principles and relevant legal frameworks. In the UK context, 'waqf registration' is evidenced through the charity’s governing/trust documentation, HM Land Registry title entries/restrictions for land, and permanent endowment fund accounting—rather than a separate state waqf registry. It evaluates the organization's commitment to establishing sustainable, perpetual assets with proper governance, documentation, and legal protection (Hifdh al-Mal). Waqf structures must satisfy charity/public benefit requirements; private/family waqf purposes are not charitable and require separate trust arrangements outside the charity.
- For each asset, what is the UK legal form used (trust deed/declaration/agency) and why is it appropriate?
- How is public benefit ensured, and how are requests for private/family benefit managed to avoid non-charitable activity?
- Are all waqf land titles registered to the charity with HMLR restrictions (Form E) to protect permanent endowment?
- How do trustees ensure capital is not spent without authority (total return order/Commission consent)?
- What controls ensure land disposals/leases meet Charities Act (s.117-121) requirements and CC28 guidance?
- Executed governing documents/trust deeds/declarations of trust establishing permanent endowment.
- HMLR Official Copies of title registers showing charity ownership and restriction entries.
- Custody/broker statements showing ownership in charity name with internal permanent endowment flags.
- Annual accounts with SORP-compliant endowment fund notes and disclosures.
- Shariah review evidence (e.g., signed scholar letter, board minutes, or documented internal checklist).
| Level | Rating | Description |
|---|---|---|
| 5 | 5/5 | All waqf assets have comprehensive, legally registered deeds with excellent compliance and protection mechanisms (100% coverage, HMLR restrictions, <12 month review). |
| 4 | 4/5 | Most waqf assets properly registered with good compliance; documented Waqf Governance Manual in place; reviews <18 months. |
| 3 | 3/5 | Basic registration (executed trust/declarations) and compliance with some gaps in HMLR restrictions or SORP segregation. |
| 2 | 2/5 | Significant gaps in registration or compliance issues (<60% coverage). |
| 1 | 1/5 | No proper registration or serious compliance concerns. |
Discussion (1)
📋 **Version updated: 1.0.0 → 2.9.7** **Changes:** Updated islamic_references from mizan-297.json
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