What is the legal status of using an endowed property when the founder has not specified personal benefit?

General Chapter

Al-Mughni

Book of Endowments (Awqaf) and Donations

Book 27 · Issue 2 · Bab 1

Open in Qurani

Primary text

Once a valid Waqf is established, ownership of its revenues transfers entirely to the designated beneficiary (Al-Mawquf Alayh), and the founder loses their proprietary rights and rights to its benefits. However, if the endowment is made for the general body of Muslims, such as a mosque, graveyard, or public well, the founder retains the right to benefit from it in their capacity as one of the beneficiaries. This is evidenced by the action of Uthman ibn Affan regarding the well of Ruma, whose bucket was treated the same as the buckets of the Muslims.