Forcing Someone to Make a Waqf

Question

(1) There was a jointly owned piece of land shared among several Muslims and a non-Muslim; it was situated in a populated area. For approximately 20/50 years this joint land stood in the names of the Muslims and the non-Muslim. (2) Zayd bought the non-Muslim’s share of this joint land without partition, and Zayd is now having it partitioned through the civil court of first instance. The Muslims have given their entire share as a waqf in the name of the mosque. (3)

Answer

By giving (the land) as a waqf in the name of the mosque Zayd will certainly be deserving of reward, but other people have no right to use force (on him). If he was compelled with coercion in the Shar‘i sense (ikrah) and, being compelled, he made the waqf, then it will not be a Shar‘i waqf, and those who coerced him will be sinners.

Source: Fatawa Mahmudiyya

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