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A person who donates a musjid and property as Waqf, can he stipulate who the trustees must be?

Answered as per Hanafi Fiqh by Askimam.org

A person donates a musjid and property as Waqf stipulates that the trustees should be from a specific scet,i.e:(sunni surti muslim).Is this in accordance with shariah?The person is now deceasaed and the current mutawallies continue with this practice.Is this correct? How should we resolve this matter seeing that this has potential of splitting communities.Please advise..

Answer

In principle, it is necessary for the Waqf (donor) to stipulate the trustees for the Waqf (donated article) and hand the Waqf over to the trustees. Therefore, the practice is correct. (Qudoori pg.138)

However, we suggest the trustees specified should be upright Muslims who hold sound Islamic ethos and beliefs.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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