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

Book 27 · Issue 2 · Bab 1

Open in Qurani

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.