Making a land waqf alal awlaad

Question

1. Can a land made waqf alal awlaad (i.e. the benefit of the waqf is enjoyed by the children and their progeny) be rented out and the recipient(s) of the waqf use the rental money for their personal use?

2. If my father makes a specific piece of land waqf for me and for my progeny after me and they seize to exist, then it will go to the poor, will the waqf be correct?

3. After my demise, will the land be in the control of all my children equally (they can all benefit from the land equally or from the rent received from it if it is rented out)?

4. Similarly, after their demise, will the same apply to all of their children (i.e. my grand children)?

5. At the time of making waqf, if my father puts a condition that if the mutawalli of the waqf alal awlaad wishes, he/she may sell the waqf land and purchase another land which will be regarded as waqf, will this type of condition be valid.

Mufti Zakaria Makada · Accepted Answer

1. Yes, it is permissible.

2. If your father, at the time of making waqf said that at the end the benefits should be spent on the poor (i.e. at the time when no one from your progeny remains alive), then the waqf is valid. However, it will be reprehensible for your father to leave out all his other children and only make you the sole beneficiary of the waqf.

3. They can benefit from the land as well as the rent. All will be equal in receiving the rental.

4. Yes, the same law will apply.

5. Yes, this condition will be valid on condition it is mentioned at the time of making the property waqf, not later on.

And Allah Ta'ala (الله تعالى) knows best.

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