Is it permissible to dissolve an endowment (waqf) and inherit it according to Islamic law, knowing that the eldest woman in the family stated it was for males? And can the beneficiary rent out his house and profit from the rent? And is it permissible to build upon the endowment with the intention of housing a family member?
A waqf (endowment) is an ongoing charity (sadaqa jariya) whose reward reaches its donor after their death. The condition set by the endower must be fulfilled, as long as it does not contradict Islamic law. If it is proven by legitimate evidence that the waqf is exclusively for the male members of the family, to the exclusion of the females, then this condition must be observed. However, if there is no document or legitimate proof, then recourse must be made to the prevailing custom of the land. It is not permissible to sell, dissolve, inherit, or divide a waqf, for a waqf entails seizing the principal and dedicating its usufruct. The usufruct of the waqf is enjoyed either by residing in it or by leasing it and distributing its proceeds among the beneficiaries of the waqf.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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