Selling a waqf property

Q: A plot was given as waqf for the purpose of construction of a school to a masjid trust. There was no agreement in writing or any conditions attached to the grant except that the plot be utilised for education of Muslims. Up to now, it has been more than 12 years since the plot was given but for various reasons the purpose hasn't been accomplished and the plot has been lying idle and become a dump yard for the neighbours.

For this reason, we as donors, asked the masjid committee to release the plot to us so we could carry out the educational development ourselves.

The committee initially expected us to pay part value of the plot for it to be released to us. However on advice of some ulamaa, they have agreed to release it to us without monetary payment.

Since we now have to raise funds to build a school over and above the plot donation, is it permissible for us to divide the waqf plot into two and buy or sell half of it to raise funds to build the school?

A: Once the property has been given as waqf, it is not permissible to sell the waqf property or any part of it.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)