The World Federation One Stop Fiqh

Ruling 2702

If a person appoints a trustee (mutawallī) for the property that he has endowed, the trustee must act in accordance with the endowment. And if a person does not appoint anyone, in the event that he has endowed the property to specific individuals, such as his children, then the authority (ikhtiyār) to use the property lies with them. But if they are not bāligh, the authority lies with their guardian. Furthermore, it is not necessary to obtain permission from a fully qualified jurist (al‐ḥākim al‐sharʿī) in order to use the endowment. However, with respect to matters that pertain to the interest of the endowment or the interest of future generations – such as making repairs to the endowed property and giving it on rent (ijārah) for the benefit of subsequent generations – the authority for this lies with a fully qualified jurist.