What is the legal implication if ownership of the endowment property is ruled to have remained with the founder?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
If the founder's ownership is upheld, they are obligated to maintain the property and litigate regarding it. Furthermore, there is a possibility that the founder would be liable for the compensation (*arsh*) for any harm (*jinayah*) caused by the property, similar to how the master redeems the *umm walad* when delivery is impossible, which differs from the case of a non-owner.