Is it permissible to replace a piece of land held in waqf (endowment) with another piece that is better?
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Fatwa No. ( 174 )
Praise be to Allah alone, 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 the case referred to it by the General Secretariat of the Council of Senior Scholars, with number
(905\2) and date 8 \ 6 \ 1392 AH, which was received from His Excellency the Assistant Deputy Minister of Justice with number (1963 \ 1 \ Q) on 7 \ 6 \ 1392 AH, regarding the request of Muhammad Abd al-Khaliq al-Shahri to replace the land that his grandfather had endowed with a piece of land that is better, and that a fatwa had previously been issued by His Eminence Shaykh Muhammad ibn Ibrahim (may Allah have mercy on him) with number (1947 \ 1) on 17 \ 7 \ 1386 AH regarding this matter.
Upon the Committee’s study of the entire case file, including a copy of the fatwa of His Eminence Shaykh Muhammad (may Allah have mercy on him), it became apparent to them that his fatwa (may Allah have mercy on him) is explicit in the permissibility of replacement if there is an obvious benefit, a great interest, and no harm involved, and that this should be done through the judge of al-Nammas, and the Committee adds to this that the application for replacement should be submitted by the supervisor of the aforementioned waqf (endowment), whether the supervision belongs to the questioner Muhammad Abd al-Khaliq or to the Ministry of Hajj and Endowments. 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 alone, 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 the case referred to it by the General Secretariat of the Council of Senior Scholars, with number
(905\2) and date 8 \ 6 \ 1392 AH, which was received from His Excellency the Assistant Deputy Minister of Justice with number (1963 \ 1 \ Q) on 7 \ 6 \ 1392 AH, regarding the request of Muhammad Abd al-Khaliq al-Shahri to replace the land that his grandfather had endowed with a piece of land that is better, and that a fatwa had previously been issued by His Eminence Shaykh Muhammad ibn Ibrahim (may Allah have mercy on him) with number (1947 \ 1) on 17 \ 7 \ 1386 AH regarding this matter.
Upon the Committee’s study of the entire case file, including a copy of the fatwa of His Eminence Shaykh Muhammad (may Allah have mercy on him), it became apparent to them that his fatwa (may Allah have mercy on him) is explicit in the permissibility of replacement if there is an obvious benefit, a great interest, and no harm involved, and that this should be done through the judge of al-Nammas, and the Committee adds to this that the application for replacement should be submitted by the supervisor of the aforementioned waqf (endowment), whether the supervision belongs to the questioner Muhammad Abd al-Khaliq or to the Ministry of Hajj and Endowments. 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.