Must the Mutawalli Be from the Waqif’s Community?

Question

Is it necessary that the mutawalli (trustee) always be from the same community that had this mosque built, even though no written waqf deed with such an instruction exists?

Answer

When the waqif (endower) did not appoint anyone as mutawalli, and the present mutawalli does not spend the waqf property on its proper purpose, then the people of authority (arbab al-hall wa-l-‘aqd) should, through a Muslim ruler, have the present mutawalli formally removed and appoint another, honest person as mutawalli. Confirmation of the answer — ‘Abd al-Latif “Correct.

Source: Fatawa Mahmudiyya

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