Wakf literally means tying up or detention.
According to accepted view it is the detention of the property in the ownership of the God. Quran is silent regarding Wakf but Quran says something about charity. In simple words when a person ties up his property to the God and remains the usufruct for the benefit of public. It may be religious or charitable.
Wakf by minor is void ab initio. The guardian cannot create a Wakf on behalf of minor. Wakf should be by a person who is professing Islam. Exceptionally Wakf by a non-Muslim is recognised under certain conditions. It means a Wakf may be created by a person belonging to any religion, but in such case the object of Wakf must not be opposed to the creed (faith) of the Wakif. It means a Muslim cannot create a Wakf for the construction of Hindu temple nor can Hindu create a Wakf for the construction of mosque but where the objects are secular in nature such as college, hospital etc then whether the Wakif is a Hindu or Muslim or Christian, the Wakf would be valid. Wakf must not be contingent or conditional.
Note: Generally a Wakf is irrevocable but if the Wakf is created by will then it may be revoked before the death of the testator.
1. Public Wakf → Waqf-ull-Allah (where the beneficiaries are public at large)
2. Private Wakf → Waqf-ull-Aulad (where the beneficiaries are the family member, relative, friends of Wakf)
A trustworthy person, and the person must be Muslim, major, male and of sound mind.
A female or a non-Muslim may also be Mutawalli in a Wakf where the religious duties are not involved.
In simple words a non-Muslim or female may be appointed the Mutawalli for a charitable or secular Wakf.
As a general rule a minor cannot be appointed as a Mutawalli.
Syed Hasan v Mir Hasan Court held that the minor Mutawalli is void. But where the office of Mutawalli is hereditary and the person entitled to succeed the office is minor then minor maybe a movie Mutawalli but court will appoint another person for taking care of the property till the age of 18 years.
Once Mutawalli lawfully appointed cannot be removed except by the court.
When the fulfilment of object of Wakf becomes impossible then Mutawalli may act for fulfilling any object which is similar to the object mentioned in Wakf.
Garib Das v M.A Hamid AIR 1970 Supreme Court held that a Wakf is completed by only a declaration by the Wakif. It may be oral or in writing, no formalities are needed for creation of Wakf.