It is impermissible to change the effective Waqf to other ways


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(Part No. 11; Page No. 282)  Waqf Fatwa no. 21268 All praise be to Allah Alone, and peace and blessings be upon the Last of the Prophets.The Permanent Committee for Scholarly Research and Ifta' has read what was sent to the Grand Mufty from His Excellence, Judge of the High Court in Makkah, Shaykh Ahmad ibn Hamad Al-Mazru`, no. 9/83/3/3545, dated 11/9/1420 A.H., which was referred to the Committee from the Secretariat General of the Council of Senior Scholars no. 4934, dated 16/10/1420 A.H. His Eminence asks the following question:We would like to show Your Eminence the following question: A woman presented a request to the court to register her dedication of a building to Waqf (endowment), the legal ways of using this Waqf and its executor. These things were legally registered according to a document registered under no. 9/8/115, dated 23/5/1414 A.H. Then, she made a motion through her attorney registered under no. 9/225, dated 7/9/1420 A.H. To change the legal ways of using her Waqf different from what was stated in the first document. She wants to devote her Waqf to an organization for teaching the Glorious Qur'an in Makkah Al-Mukarramah ...Etc. Is it allowable to accept her request regardless of what was mentioned? (Part No. 11; Page No. 283) We hope you will read this and give us Fatwa (legal opinion issued by qualified Muslim scholar) regarding this issue. Enclosed are copies of the documents. May Allah help you and guide your footsteps.


After studying the Fatwa request, the Committee maintains that the Waqf should be kept to the first specified ways of using it. It is not permissible to change it to other ways, because it is an effective Waqf, which has been executed and has become out of the Waqf donor's possession. Its benefits are restricted to what it has been specified for in accordance with the document. Thus, it is not permissible to do anything else with it.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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