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Is the petitioner entitled to claim more apartments in the compensated endowment, based on his father's financial contribution to building additional floors, or should the apartments be distributed equally among the beneficiaries?

1 min readAlso available in العربية

If the endower permitted your father to build upon the waqf, this is a loan of the surface (space) and does not grant him ownership of the land. If the building is demolished, there are details:

1. If the building collapsed on its own or was demolished for fear of collapse: Your father has no right. If a wall or roof collapses and there is fear of harm, it must be demolished to prevent harm. And if someone demolishes a shared building fearing its collapse, there is no guarantee upon him because he is a doer of good (muhsin), just as if the building collapsed on its own. 2. If the endower or the waqf administrator demolished it while the building was sound: Your father must be compensated for the value of his building immediately before demolition, because he built with permission. So, if someone lends land for construction and does not stipulate removal (of the building), the borrower is not obliged to remove it except with compensation for its diminished value. And if the borrower refuses to remove it, the lender may take it at its value or remove it with compensation for its diminished value.

You do not have the right to claim equality with the beneficiaries of the waqf, as they own both the building and the land, whereas your father is only entitled to the value of his building.

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

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