Can the tenancy be transferred to another after the tenant’s death?

Question

Question: Twenty-two years ago my husband rented a shop near the mosque at five rupees a month; he ran his business in it and paid the rent month by month. On 3 March 1973 he passed away. He left four children, all of them under seven years of age, as well as me myself and my mother-in-law. After his death the mutawalli (trustee of the waqf) refused to accept the rent and says: “Vacate the shop.” On the other side, another person says: “Take money and hand over possession of the shop to me.

Answer

You have no right to take money and hand over possession of the shop to anyone. Rather, vacate it as the mutawalli says; he will let it to whomever he wishes and will fix whatever rent is suitable for the mosque.

Source: Fatawa Mahmudiyya

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