What is the ruling if a waqf (endowment) incurs an injury necessitating retribution (qisas)?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
Retribution is obligatory if the waqf incurs an injury that necessitates it, whether the injury is inflicted upon the beneficiary or upon others. If the injury results in the destruction of the endowed property (qatl/killing), the waqf in that property is voided. If the injury results in severance (cutting), the remaining portion continues to be waqf, analogous to damage caused by divine decree. The ruling for qisas is based on the severity of the crime against the endowed entity.