Is it permissible to dispose of land that a woman donated to the Department of Awqaf (Endowments), and then one of her relatives reclaimed it due to unfulfilled procedures, knowing that part of it has transferred to the ownership of one of the heirs?
An endowment (waqf) is established by a statement or an action indicating it. It is not a condition for the validity and binding nature of the endowment that the endowed property be removed from the possession of the endower. So, if the woman explicitly declared her donation of the land or signed the documents, the endowment is valid and binding, and the land is no longer her property. The questioner must return his share of the inheritance to the Department of Endowments (Awqaf). However, if the donation occurred during a death illness (marad al-mawt), it is only effective for one-third of the estate.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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