Building a school on waqf land

Question

Question: During the consolidation of landholdings, all the communities of the village gave some land — about twenty bighas (a measure of land area) — to the Islamia School, and it is for the madrasa. The matter to be ascertained is this: has the madrasa become its owner or the community? Can this land be used anywhere other than for the affairs of the Madrasa Islamia? Can an English school be built on it? And do the community, the director and the members have the right to use this land wherever they wish?

Answer

In “Fatawa ‘Alamgiri” it says: [ar]ولو قال: وهبت داري للمسجد أو أعطيتها له، صح ويكون تمليكاً[/ar] “If he says: ‘I have gifted my house to the mosque’ or ‘I have given it to it’, it is valid and constitutes a transfer of ownership (tamlik)” (vol. 3, p. 567).

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.