Giving a religious madrasa’s waqf to an Islamic school

Question

The site on which the Islamic Arabic Madrasa in the Banduqchiyan quarter stands is waqf. The condition of the waqif (endower) is: this site is endowed for the Islamic madrasa; on it may be built classrooms, residences for the students and the respected teachers, or a garden — only for the Islamic madrasa. The present educational state of the madrasa is that the levels of hifz (memorization of the Qur’an)

Answer

Since the waqif has expressly stated the condition that this site is endowed for the Islamic Arabic Madrasa, the managing committee is by no means permitted to give it for a Muslim High School. [ar]لأن شرط الواقف كنص الشارع[/ar] “For the condition of the waqif is like the text of the Lawgiver” (Shami). (2) It absolutely cannot.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.