Leasing a Waqf property for life at a fixed rental

Category: 

Masjid Matters

According to Madhhab: 

Hanafi

Reference: 

1441-037)

Question: 

A person makes Waqf of his property to the poor. He stipulates a particular Aalim as the trustee of the Waqf. They have a tenant and the trustee wants to fix the rental for this tenant for life. is such an arrangement acceptable? 

Answer: 
First and foremost, the illustrious Fuqaha (jurists) have stipulated a time-limit in leasing a Waqf property, in order to secure the Waqf. In agricultural land the maximum time-limit is 3 years and in residential land it is 1 year; however, in case of where there is more benefit and expediency and no fear of the Waqf property being destroyed and squandered, the time limit can be overlooked provided that the donor and benefactor did not stipulate any conditions with regards to the time limit. Therefore, in the enquired case, the trustee will see and ponder, if there is more benefit in long term lease and the property remains secure, it will be allowed to lease it out for long-terms with the proviso that there were no conditions stipulated from the benefactor with regards to leasing time-limit. (Shaami Vol. 4 Pg. 401) 

AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: Sohel Lala 
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B. 
Islamic Date: 18 محرم 1441 
English Date: 18 October 2019

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