A person has a piece of agricultural land and it is a Waqf (endowment) for a Masjid (mosque) and it is close to the village. The person in charge of the Waqf needs it to build a house. He will buy another better and more spacious piece of land to be a Waqf for the Masjid. The land of the Waqf is barren while the land he will buy is watered from a well. Is it permissible for him to do so?
If the person who is in charge of the agricultural land is a Waqf administrator, he does not have the right to use it; whether to sell or exchange it for another piece of land; either for himself or for anyone else unless it is all for the good and benefit of the Waqf. Moreover, this should be done under supervision of the judge who is responsible for legal issues in the village. If the person in charge is not a Waqf administrator, it will not be permissible for him to (Part No. 16; Page No. 77) use the land except under the supervision of the Waqf administrator who in turn cannot use it except in the way that is mentioned above. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.