An Oral Waqf and Trusteeship by the Waqif’s Family When They Are Capable

Question

Zayd’s respected father made a place waqf for a mosque at a religious gathering — orally; the members of the community council accepted it, and prayers began to be held. Zayd’s father died; the land was not a legal waqf, so Zayd and his paternal uncle, who had earlier been agreeable to the waqf, now also intend that it should remain our property, that a permanent (brick-built)

Answer

Apparently the aim of these people is that the permanent (brick-built) mosque be built and filled with worshippers under our management and supervision; then there is no harm in this, since the people of the waqif’s family are more entitled to be mutawalli and administrator, provided they are capable of it.

Source: Fatawa Mahmudiyya

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