The disposition of the endower regarding the endowed land if he replaces it with other land for the same purpose
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Fatwa No. ( 11512 )
Praise be to Allah, and peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the General President from the questioner: Nasser ibn 'Abd al-'Aziz al-'Abdullah, via the judge of the Tamir court who was appointed for this, and referred to the Committee by the Department of Scientific Research and Ifta with number (4241) on 8/8/1408 AH. The questioner asked a question, the text of which is: We inform you that Nasser ibn 'Abd al-'Aziz al-'Abdullah came to the Tamir court, and stated: He purchased a plot of land in al-Khalidiyyah district in Tamir, by virtue of the deed issued by the Tamir court, number 209 on 26/5/1402 AH. After the purchase was completed, he appeared at the court headquarters before the honorable Shaykh at the time: Ibrahim ibn Muhammad al-Humaydan, and declared his relinquishment of
the aforementioned plot in favor of the endowments; to establish a mosque on it, which he would build at his own expense, and the deed was annotated with the relinquishment. After that, the neighbors of the aforementioned plot of land objected to the establishment of a mosque on it, then he subsequently purchased a second plot of land and transferred it to the endowments to establish a mosque on it in the presence of an endowments representative, and this second plot is a replacement for the first, and when the first plot was transferred, an endowments representative did not attend. Now the aforementioned person wants to dispose of the previous land and requests its return to him, and the deed for it is in his possession. This is the description of the situation. We hope that Your Eminence will look into his matter and issue a fatwa on whether it is permissible to return the aforementioned land to his private ownership in this state or not? May Allah preserve you, and peace.
After the Committee studied the question, it answered: He has the right to his first land; because he provided its equivalent in the channel of the endowment, unless the value of the first is greater than the value of the second according to the view of an accredited body in that matter, which Your Eminence appoints to look at the lands and appraise them, then the excess is spent on the construction of the new mosque or another mosque.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Praise be to Allah, and peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the General President from the questioner: Nasser ibn 'Abd al-'Aziz al-'Abdullah, via the judge of the Tamir court who was appointed for this, and referred to the Committee by the Department of Scientific Research and Ifta with number (4241) on 8/8/1408 AH. The questioner asked a question, the text of which is: We inform you that Nasser ibn 'Abd al-'Aziz al-'Abdullah came to the Tamir court, and stated: He purchased a plot of land in al-Khalidiyyah district in Tamir, by virtue of the deed issued by the Tamir court, number 209 on 26/5/1402 AH. After the purchase was completed, he appeared at the court headquarters before the honorable Shaykh at the time: Ibrahim ibn Muhammad al-Humaydan, and declared his relinquishment of
the aforementioned plot in favor of the endowments; to establish a mosque on it, which he would build at his own expense, and the deed was annotated with the relinquishment. After that, the neighbors of the aforementioned plot of land objected to the establishment of a mosque on it, then he subsequently purchased a second plot of land and transferred it to the endowments to establish a mosque on it in the presence of an endowments representative, and this second plot is a replacement for the first, and when the first plot was transferred, an endowments representative did not attend. Now the aforementioned person wants to dispose of the previous land and requests its return to him, and the deed for it is in his possession. This is the description of the situation. We hope that Your Eminence will look into his matter and issue a fatwa on whether it is permissible to return the aforementioned land to his private ownership in this state or not? May Allah preserve you, and peace.
After the Committee studied the question, it answered: He has the right to his first land; because he provided its equivalent in the channel of the endowment, unless the value of the first is greater than the value of the second according to the view of an accredited body in that matter, which Your Eminence appoints to look at the lands and appraise them, then the excess is spent on the construction of the new mosque or another mosque.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.