What is the legal status of a Waqf if the designated beneficiary rejects it, assuming acceptance is not required?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
If acceptance is not required for the Waqf, the beneficiary's rejection does not invalidate the endowment. Their rejection or acceptance holds no legal consequence, similar to the case of manumission.
Supporting text
If acceptance is deemed a requirement, and the beneficiary rejects the Waqf, the endowment is void concerning that specific beneficiary, making it equivalent to a Waqf with an interrupted commencement. Concerning the validity for others following that individual, two juristic opinions arise based on the principle of separating the transaction (tafriq al-safqa).