In Islamic jurisprudence, waqf (endowment) is widely recognized in land, real estate, and monetary funds, but its concept is far broader. Anything from which benefit may be derived while preserving its substance—holding the origin and dedicating the fruit—qualifies as a waqf. In our era, open-source software is the most fitting embodiment of this principle.
When a developer writes a line of code and releases it to the world under an open license, they do not merely grant people a temporary benefit; they establish an asset that continues to yield utility as long as the project exists. This is the essence of "software waqf": holding the origin (the source code) and dedicating the fruit (its use, adaptation, and distribution).
What is the Reality of Software Waqf?
Software waqf is not a novel term invented out of nothing; rather, it is the application of established waqf principles to a digital asset. A digital asset is distinguished by being:
- Non-depleting: A copy of code does not diminish with repeated use; rather, its value increases as it spreads.
- Open to collective development: All Muslims—and all contributors—may participate in improving it without anyone having exclusive ownership to the exclusion of others.
- Enduring in benefit: As long as the project remains open and documented, its benefit remains connected to the preservation of the original asset.
These three characteristics make open-source software the closest of all digital assets to the spirit of waqf, fulfilling "preservation of substance" and "dedication of benefit" in the most complete manner.
"Among the greatest things endowed in this era is beneficial knowledge made accessible. What was once difficult and has now been paved with open code becomes an ongoing waqf that people benefit from long after its creator has passed."
The Three Pillars of a Valid Technical Waqf
For a software waqf to stand upon sound foundations, three complementary pillars must be fulfilled—which are, in essence, the classical jurisprudential pillars of waqf applied to the digital context:
1. The Endower (Al-Waqif) — The Author of the Code
The endower is the rightful owner of the asset who holds full capacity of disposition. In software waqf, the endower is the developer or team that owns the rights to the code and possesses the legal right to release it. A waqf is valid only when made freely by its owner; a person cannot endow what they do not own, nor what contains third-party rights that have not been authorized.
2. The Endowed Asset (Al-Mawquf) — The Source Code
The endowed asset is the substance held in trust. It is required that its benefit be lawful, its measure known, and that it remain capable of delivering benefit after endowment. Source code licensed under a free and open license fulfills these conditions: it is known (hosted in a public repository), lawfully beneficial, and enduring as long as the repository exists.
3. The Beneficiaries (Al-Mawquf 'Alayh) — The Beneficiaries
The beneficiary is the party to whom the benefit flows. In software waqf, the recipient channel is as expansive as possible: every Muslim—indeed, every human being—who benefits from the tool, inspects the code, and builds upon it. This is among the broadest categories of waqf, embodying "endowment for the public benefit", which jurists regard as among the most righteous forms of waqf.
Why Open Source is the Most Fitting Vessel for Technical Waqf
One might ask: why can closed-source software not be an endowment if it is offered free of charge? The answer is that a waqf requires that the asset remain capable of yielding benefit even if its original creator ceases to maintain it. If the owner of closed-source software departs, the ability to benefit from it is disrupted as updates and support cease. Open source, by contrast, remains maintainable and improvable by the community, allowing the benefit to endure and fulfilling the ultimate purpose of the waqf.
For this reason, free and open-source licenses (such as GPL, MIT, and Apache) fundamentally align with the requirements of waqf: the assets remain open, permitting use, modification, and distribution, while preventing anyone from monopolizing what was released for the public good. Releasing a project under a free license with the explicit intention of waqf represents one of the most complete modern manifestations of endowing knowledge.
Long-term Maintenance: The Challenge of the Digital Waqf
The greatest challenge confronting software waqf is ensuring continuous maintenance. Code is a living artifact requiring security patches, bug fixes, and adaptation to evolving platforms. Technical waqf initiatives must therefore establish clear mechanisms for managing projects beyond their founders, through:
- Establishing an independent maintenance team not reliant on a single individual.
- Documenting the project thoroughly so any developer can continue its development.
- Securing stable, reliable hosting for repositories and services.
- Opening contributions to the community so the project truly belongs to the wider public.
When these conditions are met, a project becomes a genuine waqf that people benefit from today, while its reward remains connected tomorrow. This is our pursuit at WaqfTech: that every project we launch is an endowment for the sake of God, yielding enduring reward for its creator long after their work is done, and serving Islamic outreach and education around the world.
// Example: Project license as an open waqf
{
"license": "MIT",
"waqf": true,
"beneficiary": "Muslims and the public",
"maintenance": "Open to the community",
"duration": "Continuous as long as the project exists"
}We ask God to make what we write purely for His sake, beneficial to His servants, and enduring in impact as long as the heavens and earth endure. And our final supplication is that praise belongs to God, Lord of the worlds.