Who has the authority to manage an endowment (Waqf) when the founder sets no specific manager?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
The management of the endowment follows the condition set by the founder, as demonstrated when Umar (RA) directed his endowment to be managed by Hafsah during her lifetime, and afterward by the people of insight among her family. The expenditure of the endowment follows the founder's condition, and so too should its management. If the founder designates himself as the manager, it is valid. If he designates another person, the management belongs to that person. If the founder does not designate anyone, or if the designated person dies, the beneficiary (Mawquf 'alayh) manages it, because it is their property and its benefit accrues to them, making their management absolute, like their absolute ownership.
Supporting text
It is also plausible that the judge (Hakim) should manage it. This is the chosen view of Ibn Abi Musa. This divergence rests on whether ownership transfers to the beneficiary or to God (Allah). If ownership is deemed to be with the beneficiary, they manage it due to ownership of the entity and its benefit. If ownership is deemed to be with God, the judge manages it on behalf of the Muslims, distributing it to its proper uses, similar to an endowment for the poor.