Custodian For Waqf Property
Issue No. 2314- If a person appoints a mutawallī (custodian) of the property endowed by him, the custodian should act according to the instructions given by him, but if he does not appoint a custodian, and if the endowment is a public one such as a mosque or a school, the appointment of a custodian rests with the Mujtahid or his representative, and if it is a waqf for particular persons, like the property which is endowed for his children, then to safeguard the interest of the waqf or the interest of the future generations, the obligatory precaution is that the present generation and the Mujtahid or his representative should come in agreement with each other about appointing a custodian, and if the endowment has to do with the interest of the present generation, then authority rests with them, and if they are not mature, the authority rests with their legal guardian.
