Questions on Waqf and Masjid

Dr.Khalid Yahya Blankinship

The following is based upon a dispute that o urred o!er the "anage"ent of a Masjid and # hool. Dr. Khalid Blankinship was asked to pro!ide this larifi ation on the Waqf and Masjid.
1. We have a Masjid and School on the same property with Articles of Incorporation for both. Does our Masjid and School constitute an Islamic waqf to ether or collectively or not! "he bases #ar$%n& of the waqf are four thin s' the donor #w%qif&( the te)t or ist #s* hah&( the donated object #mawq+f&( and the beneficiary #mawq+f ,alayhi&. Any Muslim institution possessin these four characteristics( if it fulfills their le al conditions( must be considered a waqf and falls under the rulin s of waqf. "he donor is defined as the person or roup havin le al ownership of the thin to be donated and the le al competency to donate it. "he te)t does not have to be a specific one( althou h it could be. In the case of a masjid( it is enou h that it is open for sal%t. "hat is( there does not have to be any declaration( -"his is a waqf(. for a property to be so constituted. "he object of the waqf must be real property( not usufruct. "he beneficiary could be a specific person or persons( or it could be eneral( such as all of the Muslims( as is the case with a masjid. In such a case( the beneficiary does not have to accept for the waqf to be valid. 1 A waqf( and most especially a masjid( is considered deeded to All%h( accordin to the verse( -"he masjids belon to All%h( so do not call on anyone e)cept All%h. #/ur0%n 12'13&. 4ommentin on this verse( al5/urtub* states that no Muslims have disa reed about masjids bein All%h0s property and about them bein waqfs( as are brid es and cemeteries. 2 "he had*th authori6in waqfs in eneral is found in all of the Si) 7oo$s as well as the Musnad of Ibn 8anbal. "his had*th( reported with a sah*h isn%d by ,Abd All%h ibn ,9mar( includes the ideas of permanent charitable donation of the property and its inalienability( as well as a provision for its administration. "he :rophet0s words are( -If you li$e you can ma$e the land into a permanent endowment and ive its fruits in charity.. ,9mar0s own conditions were that it not be sold nor iven to anybody as a ift nor inherited( but that its yield be iven in charity to the poor( to relatives( for the freein of captives or slaves( for All%h0s cause( and to travellers and uests. 8e also specified that the mana er of the endowment could ta$e a reasonable stipend from the endowment for his wor$ for himself and to feed others provided that he did not try to treat it as his own property.; <ote that in this had*th( the :rophet #SAAS& implies that ,9mar as donor retains control over the direction of the waqf( as is also shown by his own conditions
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Al ibn Ahmad al-Sad al-Adaw (1112-1189/1700-1775), Hshiyat al-Adaw al i!yat al-tlib al"abbn, #$i"%t& '" al-(i)", *+l, --, .., 2/0-2/51 Ab2 al-Ha333 42s%! ibn '2ns al-Fandalw (d, 505/1108), 6ahdhb al-masli) ! n%s"at madhhab 7li), $d, by Ahmad ibn 7%hammad al-#2shay)h, al8ibt& 9i:"at al-Aw;! wa-al-Sh%<2n al--slmiyyah, 1019/1998, *+l, *, ., 50/, 2 Ab2 Abd Allh 7%hammad ibn Ahmad al-Ans" al-Qurtub (d, /71/1275), al-=mi li-ah)m al>%"<n, #$i"%t& '" al- %t%b al--lmiyyah, 1008/1988, *+l, ?, @a"t 19, ., 15, 5 7%hammad ibn -sml al-Bukhr, Sahh al-#%)h", t", by 7%hammad 7%hsin hn, 2nd "$Ais$d $diti+n, An)a"a& Hilal 4ayinla"i, 197/-1977, *+l, ---, ., 57/, hadth 895, *+l, -*, .., 22, 27, hadths 2/, 55-501 Muslim ibn al-Ha333, Sahh 7%slim, t", by Abd%l Hamd Sidd;, Bah+"$& Sh, 7%hammad Ash"a!, 1971-1975, *+l, ---, .., 8/7-8/8, hadths 000/-00081 Ab Dwd al-Si3istn, S%nan Ab% 'aw%d, t", by Ahmad Hasan, Bah+"$& Sh, 7%hammad Ash"a!, 1980, *+l, --, .., 810-811, hadths 2872-28751 7%hammad ibn 4a:d Ibn Mjah al->a:wn (209-275/820-887), S%nan -bn 7a3ah, 6"anslat$d by 7%hammad 6%!ail Ansa"i, Bah+"$& a:i @%bliCati+ns, n, d,, *+l, ---, .., 018-019, hadths 259/-25971 www,lam..+st."+d%Cti+ns,C+m

that he laid down( but that now the waqf has to be used for the stated charitable purposes in perpetuity. Althou h the Articles of Incorporation of the Masjid and the School do not use the term -waqf. nor an =n lish equivalent such as -charitable endowment. or -charitable foundation(. such usa e is not a necessary condition for a property to be constituted as a waqf. In fact( these documents could be described in Arabic as waqfiyyah documents( foundational documents of a waqf. It should also be reco ni6ed( by the way( that the American laws overnin ta)5e)empt or ani6ations( which prevent the real property of such or ani6ations from bein confiscated for non5payment of ta)es( in effect constitute a reco nition of Muslim waqfs by the state here( enablin the fulfillment of a most important condition for waqfs in Muslim law' that they be inalienable. In view of the lan ua e of the Articles of Incorporation of both the masjid and the school( as well as the fact of this Masjid functionin as a public masjid for many years( the real property of the two( both movable and immovable( certainly constitutes a waqf( or rather two waqfs. 2. 4an a waqf be replaced( chan ed( or e)chan ed wholly or in part! "his question falls into several divisions. >irst( it must be considered whether the waqf is a masjid or another type of property( for the rules for masjids differ and are more strin ent. :laces where Muslims worship in jam%,ah consist of masjids and musall%s. A masjid constitutes a masjid waqf while a musall% does not. >or a property to become a masjid( it may be declared and dedicated as such by a donor. ?nce the donor ta$es this step( the property becomes a waqf belon in to All%h in perpetuity( and the donation cannot be ta$en bac$ or otherwise alienated after that. "his is the eneral principle of masjid establishment. @ 8owever( even if the donor ma$es no e)plicit statement dedicatin or handin over the property as a masjid( it still becomes one if it has public access( the adh%n is called from it once( and a sin le person ma$es sal%t behind the im%m once. Indeed( the same sin le person ma$in adh%n and then ma$in sal%t once in the place with public access is sufficient to turn that property into a masjid. 7ut if that person is the donor of the property( then it does not become a masjid until at least one other person ma$es sal%t there with the adh%n. 9pon this happenin ( the property becomes a masjid and a waqf which cannot ever be revo$ed or ta$en bac$ by the donor. A ?n the other hand( if a person ma$es a habit of holdin sal%t al5jam%,ah in a room of his or her private residence but there is no public access( that room constitutes only a musall%( remains the private property of the owner( does not become deeded to All%h( and does not constitute a waqf. "he difference between the two types of place of worship then is primarily a question of public access to them.B In the 8anaf* school( a masjid enerally should not be constituted only from the upper or lower storey of a buildin ( e)cept where crowdin ma$es this customary( as in the ancient cities of

Ahmad ibn Hanbal, al-7%snad, in D' 8E7 F7aws2at al-Hadth al-sha"!,G *$"si+n 2,1, Ha"! D+, +! HIy.t, hadths 0579, 0952, 5/77, 5805, /1711 al-Qd Abd al-Wahhb al-#aIhdd (d, 022/1051), al7a2nah al madhhab lim al-7adnah al-imm 7li) ibn Anas, $d, by Hamsh Abd al-Ha;;, #$i"%t& '" al-(i)", 1015/1995, *+l, ---, ., 15921 (andalw, *, 500-5051 9ahbah al-Zuha l, al-(i;h al-islm wa-adillat%h%, 5"d $d,, 'amasC%s& '" al-(i)", 1009/1989, *+l, *---, ., 155, 0 7%hammad ibn Abd Allh al-Zarkash (705-790/1500-1592), -lm al-s3id bi-ah)m al-mas3id, 5"d $d,, Dai"+& al-7a3lis al-Al li-al-Sh%<2n al--slmiyyah, 1012/1992, ., 59/1 Sy$d Am!!r Ali (12/51507/1809-1928), 7ah+mm$dan Baw, D+m.il$d !"+m A%th+"iti$s in th$ E"iIinal A"abiC, *+l, -, D+ntaininI th$ Baw 8$latinI t+ Ji!ts, 9a)!s, 9ills, @"$-$m.ti+n and #ailm$nt (9ith an A..$ndiK +n th$ Baw +! 9a)!), 5th $d,, $d, by 8a3a Said A)ba" han, Bah+"$& Baw @%blishinI D+m.any, L197/M, .., 59559/, 5 Am$$" Ali, -, 595-59/, / Am$$" Ali, -, 598-599, www,lam..+st."+d%Cti+ns,C+m

7a hd%d and al5Cayy( accordin to Ab+ D+suf and Muhammad ibn 8asan al5Shayb%n*. 1 7ut in M%li$* law( M%li$ stated that it is only disli$ed to build anythin above a masjid( not to have structures built under a masjid( which has no disli$e in it.3 Since our population today is many times the population of those ancient cities( and since it is an established practice now in our country and in others to constitute a masjid on one floor of a buildin ( such dedications must be considered lawful and also fall under the law of waqf. A masjid should never be sold( even if it falls into utter ruin( because someone mi ht still ma$e sal%t at the site.E In fact( M%li$*s( 8anaf*s and Sh%fi,*s emphasi6e that even if the masjid has fallen into ruin so that no one ma$es sal%t there( it still remains a masjid until the Day of Fud ement and all sale of it is invalid( e)cept to sell part of it to widen a road or to e)pand another masjid. 1G Accordin to the school of M%li$( as represented by al5<afr%w*( a masjid can never become anythin else( and the contrary view endorsed by the 8anbal*s is wea$. 11 8anaf*s and the M%li$* al5Hhurash* endorsed the idea of $hul+( namely that someone could build a buildin that would be his own on an abandoned waqf property provided that he payed a rent to the beneficiaries of the ori inal waqf( as the land remained waqf property in perpetuity and could not be alienated. "his device was firmly denounced by al5Dard*r and other M%li$*s( however(12 and in any case was not intended to apply to masjid waqfs. Accordin to some of the 8anaf*s( the materials from the ruined buildin may be retrieved and sold or transferred to another masjid provided the purpose is to benefit and facilitate the worship of the people of a place by buildin or enhancin another masjid. "his operation cannot be underta$en without the approval of the q%d*( however.1; "he 8anbal*s are the only school which allows the sale of a masjid in certain cases( even thou h their basic rulin ( as in the other schools( prohibits sellin a masjid. 8owever( for 8anbal*s( if the masjid is no lon er of any use to its people( as mi ht be the case if it were beyond repair or if the population had departed to another town( so that no one at all uses it( or if it is too small and cannot be enlar ed( it may be sold( the proceeds oin to contribute to the construction of a new masjid in another place.1@ In eneral( once a waqf is consituted( it may not be ta$en bac$ nor replaced nor substituted by anythin else( includin an equivalent or better property. 1A A waqf which is not a masjid may be leased out for a limited period accordin to the 8anaf* and M%li$* schools( and for an unlimited period accordin to the Sh%fi,* and 8anbal* schools. "he 8anaf*s limit this period( with some difference of opinion amon them( to one year if it concerns a
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Am$$" Ali, -, 598, "ahnn ibn Sad al-6an2)h (d, 200/850), al-7%dawwanah al- %b", $d, by Ahmad Abd al-Salm, #$i"%t& '" al- %t%b al--lmiyyah, 1015/1990, *+l, -, ., 197, 9 Sahn2n, -*, 2591 Na")ash, 5051 Shihb al-'n Ahmad ibn 7%hammad al-7a)) Ibn Hajar al-Ha tam, (909-970/1505-15/7), 6%h!at al-m%ht3 sha"h al-7inh3, '" -hy< al-6%"th al-A"ab, *+l, *-, ., 2851 Adaw, --, 2/91 Am$$" Ali, -, 005, 10 Shams al-A<immah Ab2 #a)" 7%hammad ibn Ahmad al-"arakhs (d, 085/1090), al-7abs2t, '" al7a"i!ah, *+l, ?--, ., 021 Shams al-'n 7%hammad ibn Ahmad al- hatb al-"hirbn (d, 977/1557), 7%Ihn al-m%ht3 il ma"i!at al!: al-7inh3, #$i"%t& '" al- %t%b al--lmiyyah, *+l, ---, ., 5511 7%hammad ibn Ahmad Ila sh (1217-1299/1802-1882), (ath al-Al al-7li) ! al-!atw al madhhab alimm 7li), Dai"+& 7%sta! al-#b al-Halab, 1578/1958, *+l, -, ., 1071 N%hayl, *---, 219-220, 225-220, 11 Ab2 al-Abbs Ahmad ibn Jh%naym al-#a$rw, (d, 1125/1715), al-(aw)ih al-dawn al 8islat -bn Ab Nayd al->ay"awn, '" al-(i)", *+l, --, .., 1/5, 12 N%hayl, *---, 225-220, 15 N%hayl, *---, 220-2211 Am$$" Ali, -, 002-005, 10 7%wa!!a; al-'n Abd Allh ibn Ahmad Ibn Qudmah al-7a;dis (d, /20/1225), al-7%Ihn, '" -hy< al-6%"th al-A"ab, *+l, *--, ., 5/81 6a; al-'n Ahmad ibn Abd al-Halm Ibn %a mi ah, al-(atw al)%b", #$i"%t& '" al- %t%b al--lmiyyah, *+l, -*, ., 5591 7ans2" ibn 42n%s al-Buht (d, 1051/1/00), ashsh! al-;an an matn al--;n, #$i"%t& '" al- %t%b al--lmiyyah, *+l, -*, ., 2971 N%hayl, *---, 22/-227, 15 al-Oa!"w, --, 1/0-1/1, www,lam..+st."+d%Cti+ns,C+m

buildin and three years if a ricultural land. 4ontracts for lon er periods are void because of fear that the person leasin the property mi ht come to see himself or be seen as the owner( such that the waqf mi ht be ille itimately lost. "he price of the lease also must be accordin to oin mar$et value( and not artificially cheaper.1B "he M%li$*s allow a lease of land for up to four years at mar$et value #if the beneficiaries are not specific persons( two years only if they are&( and if the waqf is a totally ruined property( lon er( if it will benefit its reconstruction. 7ut in the case of a buildin ( they allow only one year of lease if the beneficiaries are unspecified( as is the case with a waqf supportin a masjid( and less then that if they are specific persons. Some M%li$*s have allowed these limits to be bent in the case of necessity( however( as when a waqf has empty land that no one wants which produces no income and someone comes alon who offers to build a commercial buildin on the property provided it is leased to him for a lon time andIor at a nominal price. 11 "he Sh%fi,*s only require that the property be leased at the oin rate( and the 8anbal*s do not even require that. 13 Masjids were often built with attached shops which were leased or rented to help support the masjid. Such shops were not part of the masjid buildin . 8owever( there is another area which is outside of the masjid sanctuary but still part of the masjid called rahbat al5masjid( the masjid0s courtyard or yard. Ibn 8ajar al5,Asqal%n* specifies that this area is part of the masjid( can be used for overflow worshippers( but also can be an area where one can conduct mundane conversations or ma$e announcements about lost animals.1E Accordin to al5Muwatta0( the rahbah is a place where people can o to tal$ loosely( recite poetry( or raise their voices. 2G "hus( a masjid which is still in use and to which any community appertains at all( even if very small( cannot be chan ed( transformed( leased( or sold at all accordin to all the authorities. It must remain a masjid( and the q%d* should intervene to chan e its administration if the administrator is not able to maintain it. 8owever( part of a property on which a masjid is located could be leased out( especially if that would help to maintain the masjid. If buildin s( such leases should( in eneral( be limited to one year at a time( althou h special circumstances mi ht be ta$en into consideration to allow a lon er period. "he only area which should not be altered or chan ed is the masjid itself( that is( the sanctuary part where the sal%t is performed. ;. 4an a waqf chan e from bein a waqf temporarily and then o bac$ to bein one permanently! Accordin to the 8anaf*( Sh%fi,*( and 8anbal* schools( a waqf can only e)ist in perpetuity. "he M%li$* school allows temporary waqfs( but the period of time must be fi)ed and declared at the time of the waqf0s establishment.21 If a waqf document states that the waqf is perpetual( then all schools a ree that that position cannot be chan ed or modified. @. Is it acceptable in Islam to have a masjid or a Muslim community overned by a board of directors or trustees instead of havin an imam or a masjid am*r as the sole and final authority ma$in the decisions of the masjid or community!
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N%hayl, *---, 255-250, 7%hammad ibn Abd Allh al-&hurash (d, 1101/1/90), Sha"h 7%)htasa" hall, #$i"%t& '" al-(i)", n, d,, *+l, *--, ., 99-1001 Adaw, --, 2/91 -laysh, --, 259-2011 N%hayl, *---, 255, 18 N%hayl, *---, 25/, 19 Ibn Hajar al-As'aln, (ath al-#" sha"h Sahh al-#%)h", , al-ah)m, b, man ;ad wa-lana ! almas3id, hadth //52 aCC+"dinI t+ D' 8E7 F7aws2at al-hadth al-sha"!,G *$"si+n 2,1, Ha"! D+, +! HIy.t, 20 Mlik ibn Anas, al-7%watta<, t", by A<isha Abda"ahman at-6a"3%mana L#$wl$yM and 4a;%b =+hns+n, O+"wiCh, P & 'iwan @"$ss, 1982, ., 75, n+, 9/Q 7%watta -mm 7li), t", by 7%hammad 8ahm%ddn (d, b$!+"$ 1000/1980), Bah+"$& Shai)h 7%hammad Ash"a!, 1980, ., 85, n+, 0181 Ab2 al-9ald S%laymn ibn hala! al-Bj (d, 080/1091), al-7%nta; sha"h 7%watta< 7li), $d, 7%hammad Abd al->di" Ahmad At, #$i"%t& '" al- %t%b al--lmiyyah, 1020/1999, *+l, --, .., 500-505, 21 h%"ash, *--, 11, www,lam..+st."+d%Cti+ns,C+m

Jenerally( the im%m of a masjid is not an independent soverei n li$e a ruler. Cather( the masjid should be under the eneral authority of the Muslim ruler. In Muslim countries( this remains the case with state5owned masjids( which are the minority in a country li$e = ypt. Most masjids( however( even in Muslim5majority countries are privately5endowed waqfs that do not come under state administration( but rather are administered under the provisions established by the donor in the document establishin the waqf. With respect to a waqf( the powers of the ruler or his judicial representative( the q%d*( are somewhat limited by the ri hts of the donor to appoint and to remove the mana er #mutawall* or n%6ir& of the waqf( accordin to all the schools e)cept the 8anbal*s( who ive rule over the masjids to the ruler directly. 22 Accordin to the 8anbal*s( the specific beneficiaries of a waqf have the ri ht to appoint the waqf mana er( not the donor( because the donor loses his ownership at the time of the donation and has no further say in it. 2; "hat is why( for 8anbal*s( masjids( which have no specific beneficiaries but rather all Muslims enerally( are subsequently to be administered by the ruler. "he waqf mana er( if appointed by the w%qif or donor( cannot be removed by the ruler or the q%d*( e)cept on a char e of malfeasance or maladministration. Indeed( accordin to Ibn "aymiyyah( the ruler must apply to the q%d* to ma$e such char es and can ta$e no action a ainst a waqf administrator himself.2@ Accordin to all the schools( the waqf mana er could be the donor himself.2A "he mana er himself may only appoint a successor if he has been e)plicitly ranted this power by the donor.2B ?therwise( the power to appoint the mana er reverts to the q%d*. "he administrator $eeps his office for life( unless he or she is removed by the q%d* for failin to uphold his or her responsibilities or else resi ns. If the donor does not appoint an administrator( then the q%d* appoints that official. When the q%d* appoints the n%6ir( he may remove him or her at any time without ivin a reason.21 <ormally( the donor will establish principles of succession of the mana ers or administrators in the waqfiyyah document foundin the waqf. In the 8anaf* school( the donor always has the ri ht to appoint or remove the administrator( and that ri ht automatically falls to the e)ecutor #was*& of the donor0s estate on the donor0s decease. >or later 8anaf*s( the con re ation of the masjid eventually came to appoint the masjid administrator instead of the q%d*( because of the venality of the jud es in the latter days.23 "his accords with the idea that( althou h a masjid is deeded to All%h and is for all the Muslims( those who use it are more li$ely to ta$e better care of it than a more distant authority. Also( the law e)plicitly states that a waqf administration may be collective( that is( it may be vested in a board.2E Accordin to Ibn 8ajar al58aytam*( if a waqf e)ists in a country with no Muslim overnment( when the waqf mana er or administrator dies( the local reli ious scholars #,ulam%0& and

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N%hayl, *---, 251, 257-259, H+w$A$", -bn 7%!lih al-Hanbal s%II$sts that th$ "%l$"<s Cha"I$ +! th$ mas3ids is s+m$what indi"$Ct and limit$d t+ stat$ mas3ids, and that th$ manaI$" +! th$ mas3id wa;! als+ Cann+t b$ "$m+A$d with+%t mal!$asanC$ +" maladminist"ati+n, S$$ Shams al-'n Ab2 Abd Allh 7%hammad Ibn Mu$lih al-7a;dis (d, 7/5/15/2), al-(%"2, Rlam al- %t%b, *+l, -*, .., 592-597, 25 7%sta! al-S%y2t al-(uha bn (d, 1205/1828), 7atlib %l al-n%h ! sha"h Jhyat al-m%ntah, Al7a)tab al--slm, *+l, -*, ., 520, 20 -bn 6aymiyyah, -*, 2591 N%hayl, *---, 251, 257, 25 Ab2 Abd Allh 7%hammad ibn Ab #a)" Ibn Qa im al-=aw:iyyah (d, 751/1550), -lm alm%wa;;in an 8abb al-lamn, #$i"%t& '" al- %t%b al--lmiyyah, *+l, ---, .., 288-289, O+t$ that -bn al>ayyim h$"$ a..$a"s als+ t+ m+d$"at$ th$ +th$" Hanbal Ai$w m$nti+n$d ab+A$ that th$ d+n+" l+s$s all say in th$ wa;!, 2/ Ab2 Abd Allh 7%hammad ibn 7%hammad al-Hattb (902-950/1097-1507), 7awhib al-=all sha"h 7%)htasa" hall, #$i"%t& '" al-(i)", n, d,, *+l, *-, ., 58, 27 N%hayl, *---, 251, 257, 28 7%hammad Amn Ibn )bidn, Hshiyat "add al-m%ht" al al-'%"" al-m%)ht" sha"h 6anw" al-abs", 5"d $d,, Dai"+& 7%sta! al-#b al-Halab, 1000/1980, *+l, -*, ., 0511 Am$$" Ali, -, 0/0-0/1, 29 N%hayl, *---, 252, www,lam..+st."+d%Cti+ns,C+m

ri hteous Muslims #sulah%0& succeed to the supervision of the trust. ;G "his te)t definitely endorses a collective approach in the absence of a Muslim ruler. "hus( in the 9nited States at this time( in the absence of a Muslim ruler or overnment( each masjid should be overned independently accordin to the rules of waqf. "his means that the ori inal donor( donors( founder( or founders should set up the administration of the masjid in the foundational document accordin to what is correct in the /ur0%n and the Sunnah. 9nless that document somehow violates the rules iven above( it remains valid. If a particular community has established( even by custom( that its im%m or am*r is its supreme authority even over the waqf of its masjid( his authority is valid within the rules of waqf. "hus( the im%m may have the power over the $hutbahs and the policy of the masjid but not to sell the property. In eneral( the administration of a waqf set up by the donor or donors cannot be chan ed e)cept for malfeasance or maladministration as determined by the Muslim q%d*. All this shows that it is essential at this time to document e)actly how a masjid is to be administered and e)actly with whom the e)ecutive power resides. A. Is there only one form of masjid andIor community overnance that is based on the /ur0%n and Sunnah! If so( what is it! And where does it e)ist today! Is it wron or har%m to have another form if only one form is based on the /ur0%n and the Sunnah( or are other forms permitted! "his is not the place to discuss the entire question of overnment and rule in Islam( which would ta$e a boo$. 7ut somethin can be said about the status of masjids. "he overnance of a public masjid( which is a $ind of waqf( differs from the overnment of a community. A waqf( bein real property and not persons( is only a part of a community and not the community itself. "herefore( the had*th which states that if three Muslims are on a journey( they should appoint one of them as their am*r or commander(;1 does not apply to the or ani6ation of the waqf( while it may apply to a community at lar e. Cather( the administration of a waqf is overned by its constitutional document e)pressin the wishes of the founder of the waqf. Its powers are limited by the usual limitations of waqf administration to preserve the waqf( and( in the case of a masjid( also by the rules overnin masjids. 7ecause of the lac$ of a Muslim overnment or reco ni6ed judicial apparatus here( it is important that each public masjid establishin a waqf write a foundational document specifyin how it is to be administered( and how its administrators0 successors are to be appointed. www.lamppostproductions.com

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Shihb al-'n Ahmad ibn 7%hammad al-7a)) Ibn Hajar al-Ha tam, (909-970/1505-15/7), al(atw al-!i;hiyyah al-)%b", al-7a)tabah al--slmiyyah, *+l, ---, ., 2/1, 51 Ab2 'w2d, --, 721, hadths 2/02, 2/05, 6his is a hasan hadth that is +nly t"ansmitt$d by Ab2 'w2d am+nI th$ SiK #++)s,