# Can a waqf never be overturned, as the argument for the Hagia Sophia claims?

*Right-wing fascism among Muslims too; the waqf argument and Abu Hanifa on endowments*

- URL: https://muftiabulayth.org/r/bgsfy-umsa4/s/8/
- Date: 2020-07-16 · Kind: lesson · Transcript tier: machine · Recording: Why converting the Hagia Sophia to a mosque is a mistake | Mufti Abu Layth (22:22–26:20)
- Status: general teaching
- Watch from the start of the segment: https://www.youtube.com/watch?v=Bgsfy-UmSA4&t=1342s
- Recording page: https://muftiabulayth.org/r/bgsfy-umsa4/

**Topics:** The Hanafi school and Imam Abu Hanifa; Public law and governance; Middle East and the wider world

**Summary (not a quotation; machine-made, unchecked):** Mufti Abu Layth says the waqf argument fails because Abu Hanifa himself held that an endowment can be overturned, a view Hanafis abandon when it does not serve the powerful or the clergy. He calls the reconversion part of a rising right-wing fascism that includes Muslims.

**Checked position (checked by two independent reviews, not by the channel):** Mufti Abu Layth says the reconversion is part of a rising right-wing fascism that includes Muslims, and that the waqf argument fails because Abu Hanifa himself held that an endowment can be overturned, a view Hanafis abandon when it does not serve the powerful or the clergy.

**Evidence, his words at 23:31:** “he says that yes you can donate the benefits of something but it will always remain uh you know you can always overturn it” (https://www.youtube.com/watch?v=Bgsfy-UmSA4&t=1411s)

## Longer summary

Mufti Abu Layth says the reconversion is part of the right-wing fascism rising in the world, not only among Hindu nationalists, Trump supporters and far-right Zionists but among Muslims, who then cry wolf when the same is done to them, and urges people to think these things through. He reports the reply that it will remain a museum as well as a mosque, and the argument he heard that, having been a waqf when it was a mosque, it can never be overturned. He points out that those making it are Hanafis, yet Abu Hanifa himself held that there is no perpetual waqf: one may donate the benefit of something, but an endowment can be overturned. The Hanafis, he says, walk away from Abu Hanifa on this because it does not serve the polity, those in power or the clergy, who drew much of their income from endowments; he adds that endowments were a helpful financial system, but that this is why the scholars backed them. He says the Hanafis almost worship Abu Hanifa yet throw him under the bus when his view does not serve their interests. He repeats that the building has now become a mosque but that it is a great mistake, because Zionism and Hindu nationalists will go up a notch in turn, as with the Ram temple [?]. He returns to the verse that Allah's name is glorified in all these places of worship.

## Sources and names cited

- Abu Hanifa
- waqf (endowment)
- Hanafi school
- Quran 22:40-41 (Surah al-Hajj): https://quran.com/22/40-41
- the reconversion of the Hagia Sophia to a mosque

## Transcript (machine tier, 22:22–26:20)

[22:11] of thrasymachus it's their land their legal rights their courts have ruled and they've got the power and it was first of all temple of solomon before it was any masjid so yeah so i i feel that this is you know part of this is the right wing fascism that is rising in the world today and it's not just hindu nationals it's not just trump supporters it's not just uh far-right jewish zionists it's also muslims as well who are doing exactly the same thing

[22:49] except they're coming back crying wolf when you know when it's being done against muslims so i would say look just think these things through for god's sake that you do you really need a master and people say well it's still going to be a museum but it's going to be a masjid as well subhanallah you know and oh and when it was a masjid it was a walk i heard this one guy say when it was a masjid it was a walk an endowment and a walk can never be overturned [Laughter]

[23:31] what is to say and keeping in mind that they are hanafi and with the method although they disable hanifa on this later on they forget him as well you see look at the power of politics huh when abu hanifa himself the founding father of his methab he says there's no such thing as wealth okay you can walk is an endowment that you can never be overturned he says that yes you can donate the benefits of something but it will always remain uh you know you can always overturn it and then obviously they walk away from abu hanifa on this because

[24:10] it doesn't uh serve the interest of the polity it doesn't serve the interest of the powers that of those that are in power it doesn't serve the interest of the clergy who used to get a lot of their money from the endowments and i'm not saying the endowments are a bad thing they are a financial system that was very helpful but the reason the scholars were so behind it was because it was through endowments that they got their money so you know and and this is a fine example despite almost worshipping you know i use that term loosely imam abu hanifa the hanafis

[24:48] yet on this they throw him under the bus you know what if he said it this is the hanafi's will say so what if he said it you think a cha-cha-cha and all this other time when we're saying all these things you're like no but imam imam abu and even you know one of our teachers used to be like

[25:21] and here they throw him under the bus because it doesn't serve the cha-ching but this is my point anyway so um look this thing i feel it has already now become a masjid but it is a great mistake because tomorrow you know you you go up a notch then zionism will go up a notch they will take it take jerusalem exactly as they want it india fascists hindus will take it up a notch they've already built from there haven't they they've built raman they'll probably start with other things let's convert this back to a hindu temple

[26:00] convert this back to a hindu temple look at when allah says in the quran in all of these places allah's name is being glorified i'm not saying this if i was to imagine that verse wasn't in the quran and i said that today that oh but allah's name is glorified in all these places people would have said he's a kafir he's a jail for saying that how can he say you know i spoke to somebody um damn i did my life and then i kind of switched off but he was still on the and we ended up chatting and he spoke

## Cite

Mufti Abu Layth Archive, segment Bgsfy-UmSA4/s/8. https://muftiabulayth.org/r/bgsfy-umsa4/s/8/

Not a fatwa: these answers were given to specific people at specific times. Ask a qualified scholar about your own situation.