A mutawalli who sells waqf property deserves removal

Question

Question: The mutawalli (trustee) of a certain waqf sold a part of the waqf and spent [the proceeds] on repairing the remaining part. Is this act of the mutawalli permissible according to the Shari‘a? Can such a person remain mutawalli? And in the absence of a Shar‘i qadi, do the Muslims of the town have the right to remove such a mutawalli or not? Explain, and be rewarded.

Answer

The sale of any part of a waqf is not permissible; repairs should be carried out from the income of the waqf — rent and the like. If it is difficult to remove, through a Muslim ruler, a mutawalli who deals with the waqf impermissibly, then the influential people of the town (arbab al-hall wa-l-‘aqd, “those who loosen and bind”) may remove him.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.