Answered by Mawlana Ilyas Patel
Question
How can inherited land be managed by designated administrators who have the authority to sell or utilize it without it becoming part of the inheritance?
We’ve observed the disputes and conflicts that have arisen among siblings in similar situations, and we want to avoid them. Initially, the idea was to place the land into a specific Waqf, with the siblings serving as administrators. The intention was that should they ever figure out how to sell the land, they would do so. However, after reading the chapter on Waqf, it appears that Waqf property cannot be sold.
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health. Thank you for your question.
This arrangement is possible if all the land heirs agree to collectively own it by forming an endowment (waqf). While a waqf is permanent and cannot be sold, the Hanafi school permits a waqf with specific conditions that allow for its sale under certain circumstances. For example, the waqf can include a stipulation stating: “If the land is no longer beneficial for its intended purpose, it may be sold and replaced with an equivalent asset.”
This approach allows the land to be managed collectively while still providing an eventual exit strategy if needed. [Ibn ‘Abidin, Radd al-Muhtar]
To legally structure your land management plan, please consult reliable Shari‘a-compliant legal experts for advice on drafting the necessary documents: waqf deed, trust agreement, or gift transfer. See the link below.
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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
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