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Selling An Unlucrative Waqf Property

Question

There is a property which was given as waqf to the “jamaat” trustees…  

Unfortunately the property could not be rented out for some time…  

As a result the property is being vandalised and is costing the “jamaat” trustees approximately 5000 rand for security…  

My question is… 

Is it permissible to sell this waqf property and with the money re invest it in another property so that the community and “jamaat” trustees can benefit..  

 

Also does the “jamaat” trustees need the permission of those who made the property waqf or can they sell it without their permission? 

Answer

If a Waqf property donated to an institute is of no benefit whatsoever and in fact being a liability to the organisation, then the Fuqaha have permitted the sale of such a property with the following conditions; 

 1. The Waqf premises should not be sold for an insignificant amount but an appropriate market value must be acquired from the sale. 

2. Authority to sell the Waqf land or Masjid premises will be afforded to such an organization that is responsible and religious conscious. If authority to sell Waqf properties is afforded to the general trustees of all organizations, there is a fear of Waqf properties being destroyed. It is for this reason that the Fuqaha have stated that authority of selling a Waqf property is afforded to ‘Qaadhi-ul-Jannah’ which refers to such a Muslim judge that is knowledgeable and carries out righteous actions. In the absence of a Muslim Judge, any reputable body of Ulema in the country can substitute him. 

3. The Waqf premises should be exchanged for another piece of land/property and should not be sold for cash. If for some reason exchanging it for another piece of land/property is not possible, with concluding a cash deal being the only alternative, then it may be sold for cash. However, an alternate piece of land/property should be immediately purchased with the cash which will be of benefit to the institute or organization.

Ahkaam Shari’ee ke Amlaak Waqf pg 136

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

(البحر الرائق ص ٢١٩ ج٥)
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