A Mosque on Land Obtained from the State

Question

For a certain piece of land an annual land revenue has to be paid to the state, from which it is clear that the state is the owner of the land. In this situation, is it valid to make this land waqf for the sake of Allah (waqf ʿala Allah) or not?

Answer

If that land which was obtained from the state for an annual land revenue was given to him together with the right of disposal as an owner — even though the land revenue also has to be paid — and it was then given to him by way of transfer of ownership (tamlikan), then making it waqf is valid according to the Shariʿa.

Source: Fatawa Mahmudiyya

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