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The question

Is it permissible, in Sharia and by law, to register and partition the lands of waqfs that were endowed a long time ago and are not registered?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Regarding the legal procedures for registering an endowment (waqf), inquiries should be directed to the relevant authorities in the country. As for the division of endowment land, if it is a real estate endowed for specific individuals, there is a difference of opinion concerning its subdivision. This is because the division of the usufruct (ghallah) of the endowed property follows the stipulations of the endower. The majority of jurists (Hanafis, Malikis, and Shafi’is) maintain that it is impermissible to divide the endowed assets themselves among the beneficiaries, because the beneficiary does not own the endowed asset but merely has a right to its usufruct. In contrast, the Hanbalis hold that ownership of the endowed property belongs to the beneficiary, and they permit the division of its asset. If the aforementioned land is an endowment for a public benefit, it is not permissible for some individuals to seize or divide it.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
127030
Imported
Translation status
Source text, unreviewed
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