Sale of Waqf property : Selling Waqf house

Fatawa Question

Assalamu Alaikum. We kindly request you to provide us a fatwa on the following issue. We have got one house and a property connected to this house which was done Waqf by our great grandfather. As per the Waqf deed it states that this house is only meant for stay for his wife , all his three children, their children, and then daughters of his granddaughters (sons from the second generation are excluded.) And daughters of their daughters and so on. And the earnings of the attached property Has to be used for the expenses for this house such as lighting, Taxes, donations, etc. This house and property has to be managed by the eldest in the female descend and if that chain ends then the eldest male in the family. And if the entire family became any more then it has to be given for charity or some religious Schools. This house should not be sold or transferred but they can use it as their home. As per the tradition in that area husband has to stay in his wife’s house. Similarly all the male children will go out of home to their wives home upon their marriage. As time went the family became big and could not able to stay together and his three children including my grandmother decided to sell this house and buy three houses in order to avoid any inconvenience. Thus my grandmother bought a house for her share and invested approximately similar amount of that house by her own for renovation for the convenience of her entire family. My grandmother got 5 children 2 daughters and 3 sons. Now my grandmother died and all her children left home to their own houses and this House became vacant. Kindly let’s know what we have to do with this house, whether we can sell it and divide among the children of my grandmother in 1 : 2 basis as per Shari’ah or has to be Maintained by the original Waqf deed ? Can someone do such Waqf Which will deprive one’s dependants their share according to Islamic rule ? Is our first decision to sell the original Waqf House was forbidden ? If so is there any religious remedy ? If it cannot be divided, can we withdraw the amount invested as mentioned above ? If so how ? Awaiting your kind advice. Jazakum Allahu Khairan for your constant help yours,

Fatwa

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Publication Date

2007-12-02

Main Subjects

Economics & Business Administration
Islamic Studies

No. of Pages

3

Data Type

Fatawa

Language

English

Record ID

BIM-784654

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