A detailed waqf deed

Question

Question: Zayd endowed part of his property as waqf in the name of a religious madrasa and wrote in the waqf deed: “I am over seventy years old; I have reached the natural span of life, and this borrowed, unstable life cannot be relied upon. By the will of the Most High my children died during my own lifetime, and no heir of mine remains.

Answer

1. This waqf is valid according to the Shari‘a; no one has the right to annul it. 2. It has no effect. 3. Since the waqif nominated the mutawalli for after himself, his trusteeship (tawliya) is valid; he now has no right to withdraw from it — unless he withdraws from the management of the madrasa itself, in which case whoever becomes rector of the madrasa will also be the…

Source: Fatawa Mahmudiyya

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