Making Waqf of Another Person’s Land

Question

If someone makes waqf, for a mosque, of land or a thing of which he is not the owner — and that thing was neither bought by him nor acquired by him — will his waqf be permissible in this case or not? (2) Zayd’s land totals 20 decimals (a land unit, 1/100 acre, ≈ 40.5 m²) 9 kari (a small local unit of land area), and Zayd makes waqf of 67 decimals of land for the mosque. Is it permissible to take the said excess land for the mosque or not?

Answer

One has the authority to make waqf of what one owns; one has no authority to make waqf of land of which one is not oneself the owner. Therefore the waqf of this land (20 decimals) will be valid, and the waqf of the excess is not valid. [ar]ومن شرائطه الملك وقت الوقف، حتى لو غصب أرضًا فوقفها ثم ملكها لا يكون وقفًا.

Source: Fatawa Mahmudiyya

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