If a Waqf property donated to an institute is of no benefit whatsoever and in fact being a liability to the organisation, then the Fuqaha have permitted the sale of such a property with the following conditions;

1. The Waqf premises should not be sold for an insignificant amount but an appropriate market value must be acquired from the sale.

2. Authority to sell the Waqf land or Masjid premises will be afforded to such an organization that is responsible and religious conscious. If authority to sell Waqf properties is afforded to the general trustees of all organizations, there is a fear of Waqf properties being destroyed. It is for this reason that the Fuqaha have stated that authority of selling a Waqf property is afforded to ‘Qaadhi-ul-Jannah’ which refers to such a Muslim judge that is knowledgeable and carries out righteous actions. In the absence of a Muslim Judge the Jamiat or any reputable body of Ulema in the country can substitute him.

3. The Waqf premises should be exchanged for another piece of land/property and should not be sold for cash. If for some reason exchanging it for another piece of land/property is not possible, with concluding a cash deal being the only alternative, then it may be sold for cash. However, an alternate piece of land/property should be immediately purchased with the cash which will be of benefit to the institute or organization.

Ref:- Waqf Amlaak ke Shari’ee Ahkaam pg.136

And Allah Ta'aala knows best!

ANSWERED BY: Mufti Mohammed Desai

Date: 29 Safar 1440 English Date: 08 November 2018