Is it incumbent upon a man who built a house on land endowed for burial to demolish it or to donate the value of the land?

Usurping rights is one of the gravest sins. If the usurped property is an endowment (waqf), the sin is even greater, and the usurper must offer sincere repentance. Scholars have differed concerning structures or trees planted on usurped land. The Shafi'is and Hanbalis held that they must be demolished and uprooted, with the usurper paying a fair rent and compensation for any damage. The Malikis gave the owner the choice between demanding demolition or paying the value of the building and trees as dismantled. As for the Hanafis, they said demolition is required if the value of the land is greater, otherwise not, and some of them said that the owner takes the value in all cases.

Regarding usurped endowment land, the preponderant opinion is that the usurper should be fined land similar to it or better, for the purpose for which it was endowed, unless the endower had a specific purpose in designating this particular land that cannot be achieved with an alternative. However, it is permissible if the waqf administrator agrees and the same intended benefit for the endower is realized, as stated in Al-Bahr Al-Ra'iq that if waqf land becomes unsuitable for cultivation due to usurpation, the usurper guarantees its value, and another piece of land is purchased with it to be an endowment like the first.