To whom does ownership transfer in a dedicated endowment (Waqf)?

General Chapter

Al-Mughni

Book of Endowments (Awqaf) and Donations

Book 27 · Issue 1 · Bab 1

Open in Qurani

Primary text

In the apparent view of the Madhhab (school of thought), ownership transfers to the beneficiaries of the endowment. Imam Ahmad stated that if a house is endowed upon the children of his brother, it becomes their possession. This indicates that they own it. The basis for this is that the endowment is a cause that removes the ownership of the endower, and the result is directed toward someone eligible to possess it in a manner where the asset does not leave its monetary essence, thus ownership must transfer to them, similar to a gift or a sale. Furthermore, if it were merely the possession of usufruct, it would not be binding like a temporary loan (ariya) or tenancy, nor would the owner's right be removed like in a loan, and it differs from manumission (itq) where the asset is removed from monetary value. The inability to dispose of the principal does not prevent ownership, as seen with the mother of the child (umm walad).

Supporting text

A narration from Imam Ahmad suggests that the beneficiaries do not own the property. A group narrated from him concerning an endowment made to one's heirs during illness that it is permissible, but it cannot be sold or inherited, and it does not become the property of the heirs; they only benefit from its yield. This view implies they do not possess ownership. It is plausible that the meaning of 'they do not own' pertains to ownership over the principal (ra'qaba), as the effects and benefits of ownership remain established in the endowment.