Back to search

Can the waqif dispose of his wife's legitimate right after he has designated it for her in the waqf? Is it permissible for him to deprive her heirs? Are the conditions that restrict a woman's right in the waqf legally permissible? And is he entitled to dispose of the waqf by selling, changing, and buying?

1 min readAlso available in العربية

It is permissible for a person to endow all of his wealth during his lifetime, health, and sound mind, and he may stipulate conditions in his endowment that do not contradict Islamic law.

An endowment contingent upon death is considered a bequest that may not exceed one-third [of the estate], and it is not valid for an heir unless the other heirs approve.

The wife owns her share of the inheritance and disposes of it freely. After her death, it transfers to her heirs. The husband is not permitted to stipulate that her inheritance not transfer to her heirs, as this is a harmful bequest.

If a man endows all of his wealth during his lifetime and stipulates that his wife benefit from the endowment only during her lifetime, without the endowment transferring to her heirs after her death, or if he makes her benefit from the endowment contingent upon her remaining his wife, then this condition is valid and enforceable.

The majority of jurists hold that the endower may not sell the endowment. However, Abu Hanifa was of the opinion that it is permissible to sell it unless a judge has ruled on its validity.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy