Is endowment valid when designated for an apostate (Murtadd) or an enemy combatant (Harbi)?

General Chapter

Al-Mughni

Book of Endowments (Awqaf) and Donations

Book 27 · Issue 4 · Bab 1

Open in Qurani

Primary text

Endowment is invalid when designated for an apostate or an enemy combatant. This is because their property is fundamentally deemed permissible to seize, and it may be taken from them through coercion and dominance (qahr wa ghalbah). What they newly acquire follows the same ruling; since their property is permissible to take, the endowment cannot be valid as endowment requires the permanent restriction of the principal asset, which cannot be a permissible object of seizure.