Issues related the appointment of mutawalli for Waqf property
A building and properties have been Waqf to the community for use as a Masjid. The donor has specified by means of a Deed the mode of appointment of trustees and their duties and responsibilities. This has been followed for 160 years. However in these modern times there is pressure to hold elections to appoint trustees by a few members of the community. Various interest groups and politics is creeping in to gain control of the Waqf properties. Disputes and fights are taking place. People want to become trustees. Sanctity of the Mosque is disturbed. Please give the Shariah opinion on the administration of Waqf properties. Who has the most right and so on.
بسم الله الرحمن الرحيم
In the above mentioned case, if the Waqif (endower) himself appointed the mutawalli (custodian) and the mutawalli bears the ability of being custodian i.e. he is pious, interested in the affairs of Waqf, then it is valid. Now it is not lawful for someone else to insist for the post of mutawalli unnecessarily and might land the sanctity of the mosque in danger.
قال فى الدر المختار: ولاية نصب القیم إلی الواقف …….(شامي: 6/633)
Quarrel is never appreciable, especially it is more heinous in religious affairs.
Allah knows Best!
Darul Uloom Deoband
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