WAQF

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PAPER NO. 24 
QUESTIONS & ANSWERS OBTAINED FROM THE OFFICIAL WEBSITE OF AYATULLAH AL-UZMA
SAYYID ALI AL-HUSAYNI AL-SEESTANI DAMA DHILLUHU www.sistani.org


Quote of Imam Hasan Al-Askari (a.s.): A time will come when people's faces will be lit up with smiles but their hearts black, dark & evil. The sunnah will be bid'ah to them & bid'ah the sunnah. The faithfuls would be humiliated & the sinners honored & revered. Their leaders would be ignorant & oppressive & scholars under the thumbs of such tyrants & oppressors. (Mustadrak al Wasail)


Endowment (Waqf) Q] I am searching for information regarding the governing of Waqf & the terms by which such property under the Waqf can be distributed & whether there has to be a trustee for a Waqf property.
A] Waqf or Endowment means that an individual sets aside a property in order that its benefits be used in a certain way which he or she has specified. In this case, the property itself can not be sold or be replaced , rather it must be maintained & its benefits must be disposed of in the way the donor specified. Therefore, the endowed property cannot be sold except in special cases which have been explained in detailed books & the benefits of that also can only be spent as he specified. If the waqf was for particular individuals, it must be divided among those same people. Since the original property must be kept & its benefits be used, naturally a person is needed to manage its affairs. Such a person is called a “Mutawalli” (trustee). If a trustee has not been appointed, the Hakim-e- Shari ( a Just Mujtahid) will appoint someone to manage its affairs. Naturally, the property must be placed in the hands of a trustworthy person who we are certain will act according to donator’s wishes & will not take possession of that property or betray the trust he was given.

Q] Can a person who gives something in waqf appoint a trustee for it?
A] The person creating the endowment could appoint a trustee to carry out the affairs of the endowment trust according to the deed of waqf.

 
 

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