Removing a mutawalli who does not perform the service of the waqf

Question

Question: Can the assembly of Muslims — those who loosen and bind (hall wa-‘aqd) — remove the aforementioned attendant, the respected Muhyiddin, for not carrying out properly the service of the shrine and the graveyard and for spending the income of the aforementioned box [for donations] on his own affairs as he pleases, or not?

Answer

Since the aforementioned attendant has flatly refused the responsibility for the service and protection of the public graveyard, he has thereby removed himself. However, he is the appointed person responsible for the service of the shrine: that shrine belongs to his elders (forebears), and the common people have no right to remove him from the service of his elders’ shrine.

Source: Fatawa Mahmudiyya

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