Do the upper floors of a house built on waqf land, with the condition of paying a symbolic rent for the first floor, legally belong to the buyer or are they subject to the waqf?

The question includes several issues:

1. Ruling on buying and selling Waqf land: It is permissible to buy and sell Waqf land if it is in the interest of the Waqf; otherwise, it is not permissible.

2. Ruling on leasing Waqf land for construction: The general principle is permissibility, but the Waqf administrator must lease it for the highest possible amount, not a symbolic rent, because they are acting in the interest of the Waqf.

3. Whether the upper floors are legally owned by the buyer or are part of the Waqf: It is not permissible for lease and sale to be combined for Waqf land. Either the land is purchased (according to the regulations), in which case it becomes the property of the buyer and no rent is required, or it is leased, in which case the land belongs to the Waqf and the building belongs to the lessee, provided it is leased for the highest possible amount. It is not permissible for both a sale contract and a lease contract to apply to the same land. As for the Waqf administering bodies leasing land for a symbolic amount, and then the lessee leasing it for a large amount (called a sale), it is not permissible to proceed with this unless the lessee pays the highest possible amount, because otherwise the Waqf administrator would be negligent and squandering the interest of the Waqf.