Waqfversus implied trust: a comparison of form and substance

In a foreign legal system, English trust has its closest parallel in <it>waqf</it> (Islamic trust). The nature, features, and mechanisms of <it>waqf</it> vis-<ac>a</ac><ac>`</ac>-vis trust have been repeatedly juxtaposed with each other from different angles. In most of the available comparative studies on <it>waqf</it> and trust, <it>waqf</it> has, often, been compared with the charitable-variant of trust. Non-charitable trusts have rarely been deliberated with <it>waqf</it>, at least in comparative terms. There is an even greater scarcity of literature comparing <it>waqf</it> with implied trusts. In a technical sense, <it>waqf</it> non-<it>sarih</it> which is an implied-variant of <it>waqf,</it> exhibits noted affinities with implied trusts. This article examines the similarities and dissimilarities between the intrinsic attributes and the formulation patterns of implied trusts vis-<ac>a</ac><ac>`</ac>-vis implied <it>waqf</it>.