Withholding the income of a waqf out of personal enmity

Question

Question: Ms Maryam Fatima and Kaniz Fatima, residents of the small town of Muhammadabad, made waqf of some land and a few shops in 1912 for mosques and other charitable purposes. At the time of the waqf they had it written in the document: “From today’s date we have relinquished ownership of this property; after the completion of the writing of this waqf deed, neither we nor any of our near and distant relatives retain, nor will ever have, any right of interference of any kind in the said endowed property.

Answer

[ar]ولاية نصب القيم إلى الواقف، قال في البحر: قدمنا أن الولاية للواقف ثابتة مدة حياته وإن لم يشترطها، وأن له عزل المتولي اهـ[/ar] “The authority to appoint the trustee (qayyim) belongs to the waqif. It says in al-Bahr: we have stated earlier that the authority (wilaya)

Source: Fatawa Mahmudiyya

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