Q: My Mother passed away leaving behind a house on a Waqf land which she rented. The land is such that we rent it for R5000 per annum. Then we have the option of building whatever we want. Now that she passed away leaving behind 3 sons and her husband. Will the house form part of her estate or not?
Please provide references from the Hanafi Mazhab as one of the brothers is very adamant on following the Hanafi Fiqh.
Some other Mufti mentioned that in Hanafi Fiqh, such a house built on this kind of Waqf land will not form part of the estate as such, rather the value of the house in the form of rubbles will be calculated or something like that.