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Fatwa CenterThe endowed property is not a part of the inheritance
Question
Asalamalikum, My question is regarding what type of property left by a deceased that cannot be shared? My Father left several properties amongst which is a foundation for the propagation of Islam. The foundation has several properties in its care all provided by our late father. One of the property is a peice of land that a school is currently being built on and part of the same land is used for private homes for the children. Now my question is should this school and the private part of the land be treated as inherited property and be divided as the sharia provided us. If the siblings agree not to fracture the land can the school (investment) be treated as share ownership as you have in corporate structure with each son and daughter having shares equivalent to what the sharia has afforded them? Remember the property was a foundation for education and propagation of Islam initially as intended by the deceased father. Thank you. Maasalam
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
All the properties that the deceased left while they were in his possession and he did not give them out as endowment and the like, should be divided amongst the heirs and nothing can be excluded from it.
On the other hand, whatever property the deceased endowed while he was in sound health can not be divided amongst the heirs as it was no longer possessed by him. Therefore, if your father had endowed the children’s homes and the educational foundation, then they are not included in the inheritance.
In case he had not endowed it but he considered it as a commercial investment project, then it is included in the inheritance and its income should be divided amongst the heirs according to the Sharee’ah [each according to his legal share]. For more benefit on endowment, please refer to Fataawa 84917 and 126842.
Finally, it appears from the question that the foundation and the school and the things which you mentioned with them were no longer the property of your father, as in general a foundation of Da’wah is not an investment project. Therefore, you have to take the matter to an Islamic court in your country because it is not enough in matters of inheritance to just seek a Fatwa from a distance.
Allaah Knows best.
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