Acting Contrary to the Waqif’s Designation for Trusteeship

Question

(1) A Muslim, in making his property waqf for Allah, wrote: “For my lifetime I myself shall be its mutawalli, and after my death Zayd shall be mutawalli; and after Zayd’s death — or if Zayd dies during my lifetime, then after me — the trusteeship (tawliya) shall pass to a committee whose managers shall be three respected persons who profess the religion of Islam and live in the district of Muzaffarnagar.

Answer

(1) As long as the condition stated by the waqif can be observed, acting against it is not permissible, [ar]لِأَنَّ شَرْطَ الْوَاقِفِ كَنَصِّ الشَّارِعِ[/ar] “because the condition of the waqif is like the text of the Lawgiver.” Therefore three respected and pious persons of the district of Muzaffarnagar itself should be made responsible for the trusteeship.

Source: Fatawa Mahmudiyya

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