A Minor’s Waqf Is Not Recognized

Question

Zayd married; Zayd had two sons, who are now adults. Zayd’s wife died; then Zayd contracted a second nikah, from which he has one son and two daughters. Both daughters are adults, and the son is seven years old — he is a minor. Zayd died. In his estate (tarika) Zayd left some land. The Muslims of the village want to build a mosque on this land, and Zayd’s sons from the first wife are giving this very land for the construction of the mosque. Can a mosque be built on this land?

Answer

That land, having become the estate (tarika) of the deceased, is the right of the heirs. If the heirs willingly give it for a mosque, then building a mosque there is correct. The permission of an heir who is a minor is not recognized, nor is the permission of any adult heir on his behalf recognized. If the guardians (wali)

Source: Fatawa Mahmudiyya

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