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The Ruling on Reclaiming Land That Has Been Endowed as Waqf

Authored by: Dr. Muhammad Zia-ur-Rahman Azmi رحمہ اللہ


Question:
I had endowed some land as a graveyard, but now I find myself in need of it.


Answer:
It is not permissible to take back any portion of the land that you have already endowed because it has left your possession and has been transferred to the benefit of the purpose for which you endowed it. If it is being used for burial purposes, then that is best. Otherwise, it may be sold and the money used to purchase other land to establish a graveyard in its place.


Such an action must be done with the knowledge and oversight of the judge of the place where the land was endowed. Seek the reward from Allah; He will grant you a better replacement for what you have spent.
[al-Lajnah ad-Da’imah: Fatwa no. 1307]
 
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