What is the ruling on an endowment made by non-Muslims for institutions of disbelief after their heirs convert to Islam?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
If Christians endow significant properties for their church, die, and their Christian descendants later convert to Islam while the properties remain in the hands of the Christians, the converts have the right to reclaim the properties, and Muslims must assist them in taking them back. This is the position of Al-Shafi'i, and there is no known disagreement on this matter. This is because what is invalid for a Muslim to endow to is also invalid for a Dhimmi to endow to, such as endowing to an unascertainable entity.
Supporting text
If it is argued that we do not invalidate valid contracts settled between People of the Book who later convert and bring their disputes to us, why permit revoking what they endowed to their churches? The answer is that endowment is not a contract of exchange; rather, it is the removal of ownership over the endowed asset for the purpose of seeking closeness to God. If it is not validly established, ownership is not removed, and the asset remains in its original state, similar to manumission (freedom granted upon death).