Making Waqf of Land That Is Not Owned

Question

A woman long ago took some land from the landlord on rent with the intention of settling it. During her lifetime this woman gifted (hiba) this land in the name of her daughter on a one-rupee paper, and that girl regularly paid the rent to the landlord through her husband for some time. Now that this woman’s daughter has died, this woman, at the instigation of some people, has made it waqf in the name of the mosque. Can such land, which has once been gifted in someone’s name, become waqf in the name of the mosque?

Answer

For a waqf to be valid, it is necessary that the endowed property (mawquf) be the property of the waqif (endower). If that woman is not the owner of this land, then her making it waqf is also not valid; likewise the gift she made in her daughter’s name was also not valid.

Source: Fatawa Mahmudiyya

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