The World Federation One Stop Fiqh

Ruling 2702

If a person appoints a trustee for the property that he has endowed, the trustee must act according to the endowment. If a person does not appoint anyone, in the event that he has endowed the property to specific individuals, such as his children, 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) to use the endowment. However, for matters pertaining 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 it lies with a fully qualified jurist.