Question
A person donated a land-made it Waqf – for a Madrasah. Now the trustees of the land want to build a Musjid, not a Madrasah. The donor therefore is demanding the return of the land. What is the Shariah's ruling in this dispute?
Answer
Waqf land cannot be alienated. Its Waqf status cannot be cancelled. If the Waaqif has valid reasons, he can reclaim trusteeship of the land without cancelling the Waqf status.
The land has to be used for the purpose for which the person had made it Waqf. If the Waaqif's intention was a Madrasah, then a Musjid cannot be built on the land.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 24 No 08
- PDF page
- 5
Appears under THE SATANISM OF SOLOGAMY (approximate).