A mutawalli acting contrary to the conditions of the waqif

Question

Question: Several Muslim waqifs (endowers), by way of registration, handed over to a society a plot of land and a fund, declaring the said society mutawalli (trustee), so that a building for running a religious madrasa would be built on it, and they laid down several conditions along with it. 1. The trustee society shall have a two-storey permanent (brick-built) building constructed on this land, in which there shall be a madrasa for boys and girls. 2.

Answer

The mutawalli is bound to observe the conditions of the waqif, as long as those conditions accord with the Shari‘a and are beneficial, not harmful, to the waqf. A mutawalli who acts contrary to the conditions of the waqf deserves to be removed from the trusteeship.

Source: Fatawa Mahmudiyya

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