Is it permissible to establish an endowment (waqf) that deprives females of inheritance, and is this considered a circumvention of Allah's division?
Designating some children for waqf (endowment) to the exclusion of others, without a legitimate justification, is a matter of scholarly disagreement. The preponderant view is that it is impermissible, similar to gifts and donations. Accordingly, the waqf would be invalid due to the waqf-creator's condition contradicting Islamic law, and the endowed property would revert to the heirs as their ملك (ownership). However, according to the view that permits it, the waqf is valid, and the waqf-creator's condition must be acted upon, because it is not a complete gift, and the beneficiary does not dispose of the endowed property but rather benefits from its yield.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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