Changing an endowment

Egypt's Dar Al-Iftaa

Changing an endowment

Question

We reviewed request no. 89 for the year 2007 which includes the following:

 

In 1960 my late father endowed one acre of his land, the proceeds of which were to be spent on a specific mosque in the village.  The deed of endowment is unregistered. Today, the villagers request that my brothers and I change this endowment and channel the proceeds towards constructing an Azhar affiliated institution since there isn't any in our village and because the mosque is administered by the ministry of Religious Trust.

    On the other hand, this is better for us—the heirs—so that none of us may weaken at any time in the future and demand his share in the land, taking advantage that the deed of endowment is unregistered. What is the legal opinion on this?

Answer

     Changing the endowment necessitates a judicial decree; therefore it is impermissible to change it before referring the matter to the courts. The judge will rule in favor of changing the endowment if he finds a reasonable justification for it.

Allah the Almighty knows best
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