04b · Future Waqf Donation Terms — Flow 3
Terms for donations intended to seed the initial capital of the future Waqf (Labuan). Legally and in accounting distinct from Flow 2 (platform donations). Held by EVA DAVA on a temporary, segregated basis until the Waqf lawfully exists. ⛔ Do not activate this flow before the Shariah gate (fatwa) and a viable Labuan path. Draft for Bulgarian/EU consumer + Shariah + Labuan counsel. Not legal advice.
1. Purpose
Your donation is intended to form part of the initial capital (corpus) of the future digiwaqf Waqf, to be established as a Labuan waqf foundation. It is not for building the platform (that is Flow 2, doc 04).
2. The Waqf does not yet exist
2.1 At the time of donation the Waqf is not yet incorporated. EVA DAVA EOOD (VAT BG207945177, Burgas, Bulgaria) therefore temporarily administers these funds.
2.2 The funds are held segregated and separately accounted (doc 03), ring-fenced from operating revenue, from SAFE investments, and from platform donations. They are not applied to development, marketing or operations.
2.3 On establishment of the Waqf, the funds are transferred to the Waqf as corpus.
3. If the Waqf cannot be established
If, by [long-stop date], the Waqf cannot lawfully be established, you will be asked to elect one of:
- (A) Return — the donation is returned to you; or
- (B) Redirect — the donation is given to a reputable Islamic charity of the project's selection (or one you nominate, where practicable).
If you do not respond within [30] days of being asked, option (B) applies by default. No amount is retained by EVA DAVA.
4. Once the Waqf exists — irrevocability
After transfer to the Waqf, the donation becomes waqf corpus: perpetual and irrevocable. The principal is never spent; only the investment yield funds the ecosystem. There is no right of return, no ownership, no financial return. That permanence is the essence of waqf.
5. No financial rights
No equity, profit, dividend, interest, repayment or ownership — in EVA DAVA, U21C, or the Waqf. Recognition/status may be granted as with Flow 2 (non-financial, revocable).
6. How the corpus will be invested
Only into Shariah-compliant, conservative instruments (e.g. sukuk, Islamic ETFs), under an Investment Policy Statement, via licensed brokers/advisers. Target yield is indicative (approx. 6–8% p.a.), not guaranteed.
7. Shariah status
The Waqf is not yet licensed or Shariah-certified. The permissibility of collecting these funds now, their custody, and the sadaqah-jariyah characterisation are subject to the Shariah Supervisory Board / fatwa (Mufti Ismail Desai). This flow must not open before that gate.
8. Transparency
Aggregate balances of Flow 3, milestones and the Waqf establishment progress are published (no personal data), with an audit trail.
9. Your data
Per the Privacy Policy (GDPR). Payments via Stripe; no card data stored by us.
10. Governing law & disputes
Per doc 00 Part B while administered by EVA DAVA: Bulgarian and mandatory EU law; competent Bulgarian courts; EU consumers may sue in their domicile; no arbitration imposed on consumers. After transfer, the Waqf is governed by Labuan/Malaysian law and its charter.
Version: [pre-launch v1, date]. Inactive until the Shariah gate is cleared.
A working draft, not an executed document and not legal advice. digiwaqf is pre-launch: not yet a licensed waqf, not Shariah-certified. Nothing here is an offer to sell securities.
