Is it permissible to sell the usufruct of inherited waqf land, knowing that there is a judicial ruling to that effect, a fatwa permitting it, and pressure to dispose of it?
It is permissible to lease an endowment (waqf) for a long, specified period if it benefits the endowment, provided that the rent is equivalent to the market rate (ajrat al-mithl). It is permissible for someone who has acquired the right to benefit from an endowment through a valid contract to sell this usufruct to another party. The contract is not invalidated unless there is someone who offers to lease the endowment at a higher rent at the time of the contract; otherwise, the trustee (nazir) bears the deficit. Leasing an endowment is subject to its benefit, and a long-term lease can be rescinded if it is in the endowment's interest to do so.
The practice of "Ihtikar" or "Khulu," which involves a lessee constructing buildings or cultivating land on the endowment in exchange for their right to continue using it at the market rent, is a matter of scholarly disagreement. Its permissibility is conditioned on it not causing harm to the endowment or posing a risk of seizure.
It is not permissible for a lessee of an endowment to lease or sell the usufruct of the leased endowment unless they possess the right to benefit from a valid lease contract, in which they pay the market rent and the lease term is specified. Otherwise, they have no right to sell the usufruct, and they must return the endowment to the trustee.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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