Fatwa no.
174
All praise be to Allah Alone, and peace and blessings be upon the final Prophet.The Permanent Committee has reviewed the letter referred to it by the Secretariat for the Council of Senior Scholars under (Part No. 16; Page No. 159) no. 905 dated 8/6/1392 A.H. from His Excellency, the Deputy Minister of Justice under no. 1963/1/Q dated 7/6/1392 A.H. regarding the request of Mr. Muhammad `Abdul-Khaliq Al-Shahry
to exchange a land dedicated as Waqf (endowment) by his grandfather for a better one.
His Eminence Shaykh
Muhammad ibn Ibrahim
(may Allah be merciful to him) has previously issued a Fatwa (legal opinion issued by a qualified Muslim scholar) under no. 1947/1 dated 17/7/1386 A.H. in this regard.
After the Committee has reviewed all the related documents including a copy of his Eminence Shaykh Muhammad's Fatwa, it appears that his Fatwa clearly declares the exchange permissible if it leads to an apparent benefit and a great interest provided there is nothing unlawful about it. The exchange must be carried out by the judge of
Al-Nammas Province. The Committee adds that the request for exchange must be submitted by the Waqf trustee, whether it is Mr. Muhammad `Abdul-Khaliq himself or the Ministry of Hajj and Endowments. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
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