Capacity to make waqf: Every Muslim who is of sound mind and has attained the age of majority, has capacity to constitute a waqf.In other words a regards capacity of a Muslim for making a waqf the are only tow requirements. For the purpose of making waqfs the age of majority is eighteen years (on twenty one years it the mains is under supervision of courts of wards).Essentials of a valid Waqf The essentials o a valid waqf may be briefly summarized as follows Who can make a waqf The person who constitutes the waqf of his properties is called the founder of waqf or waqf.The waqf must be a competent persons at the time of dedicating the property in waqf for being a competent waqf a person must possess the capacity as well as the rights to constitute the waqf.a.In other records, in the case of inter vivo waqfs the founder is competent to constitute a waqf of his entire properties whereas in respect of testamentary waqf the founder has no right to constitute waqf of more than one their of his properties without consent of this legal heir.Subject of waqf The subject of waqf under waqf Act may be “any properties”.A widow can not constitute any waqf of the property which she holds in lieu of her unpaid down of the property. The waqf must apply his independent mind in dedicating a property.
In brief, the dedication must have the title or absolute interest in the subject matter at the time of making of waqf.
A person having the capacity but so right, can not constitute a valid waqf.