Transferring a waqf from one place to another

Question

Some property was endowed for one charitable avenue of expenditure. After that, on the grounds that there is greater need for it in another place, may this property be transferred to the other purpose or not? One person’s land is in the wrongful (usurping) possession of another person. The owner endowed it in the name of the Jami‘ (congregational) mosque and said, “Let the mutawalli (trustee) deal with it; I have made the waqf.

Answer

Transferring it to another place in this situation is not correct according to the Shari‘a. In such a necessity, if the mutawalli takes the two thousand rupees and endows some other property for the Jami‘ mosque, that is correct: [ar]وَلَوْ صَارَتِ الْأَرْضُ بِحَالٍ لَا يُنْتَفَعُ بِهَا، وَالْمُعْتَمَدُ أَنَّهُ بِلَا شَرْطٍ يَجُوزُ لِلْقَاضِي بِشَرْطِ أَنْ يَخْرُجَ عَنِ…

Source: Fatawa Mahmudiyya

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