Is it permissible to dedicate one of two houses as a waqf (endowment) exclusively for daughters, to be implemented after the father's death, out of fear of the daughters and minor children becoming displaced?
It is not permissible to dedicate one of the two houses as an endowment (waqf) for the daughters and to make the endowment conditional upon death, because this is considered a will (wasiyya), and a will to an heir is not permissible unless approved by the other heirs.
If the father fears that the males will dominate their sisters and their minor brothers, he can write a will entrusting someone he trusts to manage the assets of his minor children after his death. He must fear Allah and safeguard their assets as he would safeguard the assets of his own children, as Allah the Almighty says: "And let those [guardians] fear who, if they [themselves] had left [behind them] weak offspring, would have feared for them. So let them fear Allah and speak a word of appropriate counsel." (Quran 4:9).
In case of dispute among the heirs, the court is the refuge for obtaining rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 86452
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy