Substitution of Waqf (Istibdal)

Question

You are aware that the late, respected Hajji ‘Abd al-Qayyum, during his lifetime, made his property a waqf for his descendants (waqf ‘ala al-awlad); its waqf deed is kept in your office, because among those who receive a share of the proceeds is your madrasa as well. In the waqf deed I have been made the mutawalli (trustee), and I have been given the powers of the mutawalli as specified in the waqf deed.

Answer

Answer (1) 1. Since the waqif has explicitly forbidden in the waqf deed every kind of transfer of the house and the endowed property, the mutawalli has no right whatsoever to transfer it. However, if the property becomes completely unfit for use, then its substitution (istibdal)

Source: Fatawa Mahmudiyya

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