Is a condition in a Waqf allowing the founder to sell, gift, or revoke the endowment valid?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
A condition stipulating that the founder may sell, gift, or revoke the endowment at will is invalid, and this invalidity renders the entire Waqf void. This is because such a condition directly contradicts the essential nature (Maqtaḍā) of the endowment.
Supporting text
It is possible to argue that only the condition is void while the Waqf itself remains valid, analogous to void conditions in sales contracts.