Is it valid to stipulate that the supervisor can exclude specific beneficiaries from the Waqf and include others?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
If the condition states that the supervisor may exclude whomever they wish from the designated beneficiaries and include non-designated persons, the condition is void because it contradicts the essential nature of the Waqf, thus invalidating the entire endowment, similar to stipulating that no benefit may be derived from it.
Supporting text
However, if the condition grants the supervisor the right to give preference to whomever they wish among the existing designated beneficiaries, this is permissible. This does not remove anyone from the scope of the original beneficiaries but attaches the entitlement to a specific description or quality, analogous to a Waqf for one's scholarly descendants, where only those engaged in study are entitled, and their entitlement ceases if they cease study.