Resolution No. (318), By The Board of Iftaa, Researches and Islamic Studies:
"Ruling when the Donor Stipulates Replacing the Waqf with another"
Date: (21 Jumada al-Ula, 1444 AH), corresponding to (15/12/2022 AD).
Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
In its fifteenth meeting held on the above date, the Board of Iftaa` reviewed the letter sent from His Excellency the Minister of Awqaf and Islamic affairs Dr. Mohammad Al-Khalayleh. It read as follows:
According to the Waqf deed presented by Mrs. X, she stipulated selling her endowed flat and building a mosque instead. A copy of this deed No.(1/93/5) (5/12/2006) issued by the Sharia Court of Shmesani area has been attached.
From an Islamic perspective, is the condition of this donor considered valid?
After deliberating, the Board decided what follows:
If the endower stipulated replacing the Waqf (Religious endowment) with another, through buying, selling or direct replacement, then this is approved on the level of fatwa and the judiciary based on the view of the Hanafi jurists who said that in such case the condition of the endower is considerable. It was mentioned in [Al-Fatawa Al-Hindiyah] and other Hanafi books: "If the endower said: "This land of mine is a Waqf for charity till the Day of Judgment provided that it is allowed for me to replace it with something else. It is considered a Waqf out of Istihsan (Application of discretion in legal matters) if the second Waqf was bought with the same price of the first. This view was also given in the book [Moheet Al-Sarkhasi]. Moreover, the second Waqf takes the same conditions of the first and there is no need to renew the conditions of the Waqf in the first place. This was also mentioned in [Fatawa Khadi Khan]. In addition, if the endower stipulated replacing the Waqf with another but didn`t specify that the latter should be a piece of land or a house and sold the first Waqf, then he/she is allowed to replace it with a Waqf of the same kind; a land or a house. Similarly, if the donor didn`t specify a country, then the replacement may take place in the country of his choice. This view was mentioned in [Al-Kholasah]: "If the endower said that he/she should replace the Waqf with a house, then he/she isn`t allowed to replace it with a piece of land and vice-versa."
In conclusion, the Iftaa` Board is of the view that it is permissible to fulfill the condition of the endower, sell the abovementioned flat for the highest price, then use that amount to build a mosque instead. And Allah The Almighty Knows Best.
Grand Mufti of Jordan, Sheikh Abdulkareem Al-Khasawneh
Dr. Mohammad Al-Khalayleh/ Member
Prof. Mahmoud Al-Sartawi/ Member
Sheikh Sa`eid Hijjawi/ Member
Prof. Amjad Rasheed/ Member
Prof. Adam Nooh Al-Qhodah/ Member
Dr. Jameel Khatatbeh/ Member
Dr. Ahmad Al-Hasanat/ Member
Dr. Mohammad Younes al-Zou`bi/ Member
