Replacing a waqf

Question

Question: In 1956 Zayd made a piece of land a waqf for a graveyard, but those whose houses stood facing the land prevented the burial of a deceased person, which caused considerable difficulty. In view of this difficulty, the mutawalli (trustee of the waqf) had the waqif (endower) make another piece of land a waqf in ’61; the graveyard is currently on that land, and the first land, which had been made a waqf, was sold to a non-Muslim. Now a court case is going on over this matter. (1)

Answer

Land that has been made a waqf becomes a waqf forever; no one retains the right to sell it — neither the waqif nor the mutawalli. If it is sold, that sale is legally ineffective in the Shari‘a. Yes, if the waqif stipulated that when the land is no longer usable it is to be exchanged for other land, then in such a case, with this stipulation, its exchange is valid — whether…

Source: Fatawa Mahmudiyya

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