Social economy (tabarruʿāt)

Not all of the economy is exchange. A large part of the fiqh of muʿāmalāt governs giving: endowment, gift, bequest. Each form has a structural limit that makes it what it is. A waqf’s corpus is perpetual, and only its income is spent. A gift is immediate and carries no return. A bequest may reach only one-third of the estate, and not an heir. These limits are not policy knobs. They are the contract’s definition, enforced at construction.

Note

Citations are [scholar-verify]; the engine proves consistency, not a fatwa.

Waqf (waqf)

A perpetual endowment. The wāqif dedicates a corpus (aṣl) that is perpetually inalienable, never sold, gifted, or inherited, and only its income (ghalla) is distributed to the beneficiaries. The model is the hadith of ʿUmar’s land at Khaybar: ḥabbis aṣlahā wa sabbil thamaratahā, “withhold its corpus and give its fruit in charity” (Bukhārī/Muslim).

Code	What it guards
WAQF-1	returns { endowment { corpus; distribution } } present, with corpus: inalienable.
WAQF-2	only the income (ghalla) is distributed; the corpus is preserved.

waqf.fiqh: consistent

returns {
  endowment {
    corpus:       inalienable;  // the aṣl is perpetually preserved
    distribution: income_only;  // only the income (ghalla) is distributed
  }
}
lifecycle { endow; distributeIncome; }

Hibah (hibah)

A gift. A gratuitous transfer, immediate and completed by possession (qabḍ), with no consideration. A gift made for a return (ʿiwaḍ) is in truth a sale.

Code	What it guards
HIBAH-1	returns { gift { transfer; consideration } } present.
HIBAH-2	the consideration is none; a gift for a return is a sale, not a hibah.

hibah.fiqh: consistent

returns {
  gift {
    transfer:      immediate;  // completed by possession at once
    consideration: none;       // no return; a gift for a return is a sale
  }
}

Note

A father’s revocation of a gift to his child is a recognised khilāf. The engine models the general rule, that a completed hibah is irrevocable, and leaves the exception to the scholar’s ruling.

Waṣiyya (wasiyya)

A bequest. Capped at one-third of the estate, to a non-heir, since the fixed shares already provide for heirs. The Prophet ﷺ told Saʿd b. Abī Waqqāṣ “the third, and the third is much,” and “there is no bequest to an heir,” save with the other heirs’ consent.

Code	What it guards
WASIYYA-1	returns { bequest { share_bps; beneficiary } } present (share_bps ≤ 3333 = ⅓).
WASIYYA-2	the beneficiary is a non-heir; there is no bequest to an heir.

wasiyya.fiqh: consistent

returns {
  bequest {
    share_bps:   3000;       // <= 1/3 (3333 bps)
    beneficiary: non_heir;   // a bequest to an heir is void without the heirs' consent
  }
}

For the other side of death, how a deceased partner’s stake dissolves by farāʾiḍ as exact rational arithmetic, see Contingency.