Forms of distribution in a waqf for descendants

Question

The late Hajji Kalim drew up a waqf deed for descendants (waqf ʿala al-awlad) concerning his property. Under it, do only the waqif’s (endower’s) children have a right, or do the waqif’s (the deceased’s) own paternal cousins (sons of his paternal uncle) also have a right? The waqf deed is enclosed; kindly examine it and state in writing whether this will remain a waqf for descendants or will go into inheritance. And who is entitled to how much — please divide it and state.

Answer

Although the enclosed waqf deed has been named “waqf deed for descendants”, this name is not used in its proper sense, because the waqif designated as recipients of the waqf’s income also himself, his stepdaughter Nur Jahan who came with his third wife, his fourth wife and the Gul Shahid mosque, who are not the waqif’s descendants.

Source: Fatawa Mahmudiyya

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