Property Given to a Mosque Without Waqf May Be Sold

Question

(1) For my lifetime I, the declarant, shall remain the owner and possessor of my house, and all rights of every kind — of transfer and the like — shall remain with me. (2) After the death of me, the declarant, the owner and possessor of the house shall be the mosque of Andarun Kotla, through the mutawalli (trustee) Muhammad Iqbal, and all rights of every kind — of transfer and the like — shall pass to the mosque. (3)

Answer

It is not waqf. Selling it at discretion is also valid, as permission to transfer is mentioned in clause no. 2. It is better that, if they sell it, they acquire some property for the mosque with its price.

Source: Fatawa Mahmudiyya

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