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The question

What is the ruling on reclaiming waqf land from farmers who bought it through informal contracts from the waqf administrator, without authorization or the knowledge of the other beneficiaries, and with the farmers being aware that the administrator did not have absolute ownership? And must what they paid be returned, taking into account the currency difference? And what is the effect of this on the benefit to the endower and his deserving offspring?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

It is impermissible to sell an endowment (waqf) or dispose of it in a way that removes it from its endowed status, as long as its benefits remain. This is based on the Prophet Muhammad’s (peace be upon him) statement to Umar (may Allah be pleased with him) concerning his land in Khaybar: "If you wish, you may dedicate its اصل (original asset) and give its produce in charity." So Umar gave it in charity, stipulating that "its اصل (original asset) should not be sold, inherited, or gifted."

Therefore, the trustee's action of selling part of the endowed land is invalid. The person in possession of it must return it to the beneficiaries of the endowment. He is entitled to the price he paid for it, after deducting the rent for his utilization of it during the past period.

It is necessary to refer these matters to the court if one or both parties do not agree to a reconciliation.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
130656
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.
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Read the full answer on Ftawy