Appointing an Aga Khani Shia as the administrator of a Waqf
Appointing an Aga Khani Shia as the administrator of a Waqf:
Question: A deceased person owned a property in Surat, which has 16 tenants and was also his own residence. Before his death, he established a trust for the income from the property and willed that the income should first be used for the maintenance and repair of the building, and then the remaining amount should be distributed among the four mosques in the neighborhood. There are five trustees for the property, including a Shia Aga Khani Khoja. Can we, as Sunni Hanafis, allow such a person to remain a trustee?
Answer: The person who established the Waqf made a mistake by appointing an Aga Khani as a trustee along with Sunni trustees. Now, if the presence of the Aga Khani trustee causes harm to the Waqf or damages the purpose of the Waqf, it can be changed . If the Aga Khani,s appointment has been legally approved, then legal action should be taken to avoid any controversy. In this situation, since the majority of the trustees are Sunni, if one of them objects, they will not succeed because the decision will be made based on the majority opinion. In any case, the principle of 'neither the snake nor the stick should be harmed' should be followed.
(Jame al-Fatawa: Vol: 7: page: 90)