Allocation of the Right of Trusteeship

Question

A woman named Nabuli, during her lifetime, made her property a waqf for descendants (waqf ‘ala al-awlad), and made her son Mahmud al-Hasan its mutawalli. In the waqf deed she laid down the following conditions for the future trusteeship (tawliya), when she appointed the said woman’s son Mahmud al-Hasan: (1) If after Mahmud al-Hasan there are no male children, then whichever of his two wives Mahmud al-Hasan wishes to declare mutawalliya will be the mutawalliya. (2)

Answer

In view of the conditions of trusteeship, the third wife and her female children do not have the right of trusteeship.

Source: Fatawa Mahmudiyya

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