Authored by: Dr. Muhammad Zia-ur-Rahman Azmi رحمہ اللہ
If the situation is as described—where the land is mortgaged and you have not actually executed the endowment (waqf), but have merely made a promise such as “I will endow my share”—then the waqf is not valid. This is because the land is under mortgage, and you have not practically carried out the waqf. However, if you later clear the mortgage and then endow it, or make any disposition of it according to the Shariʿah, there is no harm in doing so.
[al-Lajnah ad-Da’imah: Fatwa no. 2880]
If the situation is as described—where the land is mortgaged and you have not actually executed the endowment (waqf), but have merely made a promise such as “I will endow my share”—then the waqf is not valid. This is because the land is under mortgage, and you have not practically carried out the waqf. However, if you later clear the mortgage and then endow it, or make any disposition of it according to the Shariʿah, there is no harm in doing so.
[al-Lajnah ad-Da’imah: Fatwa no. 2880]
