A Waqf Shared by Two Institutions

Question

If some property is shared between a madrasa in Madina Munawwara and an institution in India, and owing to various difficulties it is impossible to deliver to the madrasa in Madina Munawwara its share, and in this situation the mutawalli (trustee) of the madrasa in Madina Munawwara has said that the whole property should be applied to its own share and the income of the whole property should be spent on the first institution — since there is a ruling of fiqh that if some item of one mosque cannot be of use in that…

Answer

The jurists have a general rule (kulliyya): [ar]شرطُ الواقف كنصِّ الشَّارعِ إلّا ما استثنى[/ar] “The stipulation of the waqif is like the text of the Lawgiver, except for what has been excepted.” When the waqif has expressly named a beneficiary of the waqf (mawquf ‘alayh), such as the madrasa in Madina Munawwara, then even he himself no longer has the right to change it.

Source: Fatawa Mahmudiyya

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