Q&A: Endowment - Waqf

Answer

No, suppose a person built a place for public worship, intending it to be a mosque, then it shall be deemed thus.

Answer

Waqf or Endowment means that an individual sets aside a property in order that its benefits be used in a certain way which he or she has specified. In this case, the property itself can not be sold or be replaced , rather it must be maintained and its benefits must be disposed of in the way the donor specified. Therefore, the endowed property cannot be sold except in special cases which have been explained in detailed books and the benefits of that also can only be spent as he specified. If the waqf was for particular individuals, it must be divided among those same people. Since the original property must be kept and its benefits be used, naturally a person is needed to manage its affairs. Such a person is called a “Mutawalli” (trustee). If a trustee has not been appointed, the Hakim-e- Shari (a Just Mujtahid) will appoint someone to manage its affairs. Naturally, the property must be placed in the hands of a trustworthy person who we are certain will act according to donator’s wishes and will not take possession of that property or betray the trust he was given.

Answer

The person creating the endowment could appoint a trustee to carry out the affairs of the endowment trust according to the deed of Waqf.

Answer

If what was left of the mosque’s furniture, equipment, tools and appliances, building material, etc. after its demolition, had originally been confined to its sole use, by way of endowment deed, it is obligatory to make use of them in another mosque. Should this not be possible, the proceeds be spent on other mosques.