rich or poor, weak or strong. Furthermore, the qadi ought to review the mutawalli’s work to find out as to whether he abided by the written stipulations and whether he executed the assumed obligatory duties. If it appears that the mutawalli was reliable and honest and that he worked diligently as to get satisfactory grade, he shall be appraised and his innocence shall be declared. But if it appears that he failed his duties, neglected his obligations and if it becomes clear that he was short of applying the rules, he shall be ousted from his post and the other person shall be posted instead of him. Then, the Sharî?ah law experts shall make sure that the waqf property remain intact, whether the capital or the commission, in the manner of applying the Sharî?ah rules which shall prevent farther decrease, or the negligence of applying the waqf stipulations. This procedure shall be upheld for all times, as long as the moon and the sun orbit and as long as there is the exchange of day and night.
17. وَأَقَرَّ بِأَنَّ الوَاقِفَ المَذْكُورَ الخَيِّرَ المَغْفُورَ وَكَّلَعَتِيقَهُمُرَادَوُيْوُدَهْ المَزْبُورَ وَأَنَابَ مَنَابَ نَفْسِهِ بِجَمِيعِ أَحْوَالِ التَّوْلِيَةِ وَعَامَّةِ مَصَالِحِهَا لِمَا رَأَى عَلَيْهْ أَثَرَ الصَّلاحِ وَسِيمَاءَ الرُّشْدِ وَالفَلاحِ وَعَهَدَ بِأَنْ لا يَعْزِلَهُ عَنْهَا مَا دَامَ هُوَ لابِسَاً لِبَاسَ الحَيَاةِ وَلَمْ يَقْرَعْ بَابَهُ حَاجِبُ الْمَمَاتِ، تَوْكِيلاً شَرْعِيَّاً مَقْبُولاً مِنْ قِبَلِهِ وِجَاهَاً وَشِفَاهَاً وَبِأَنَّ مُوَكِّلَهُ الوَاقِفَ المَذْكُورَ قَدْ نَصَبَ مَوْلانَا عَبْدَ السَّلامِ بنَ عِيسَى فَقِيه مُتَوَلِيَّاً لأَجْلِ التَّسْجِيلِ. ... 17. Then, (Mawlâna Muhyuddin) stated that the good aforementioned wâqif, may his sins be forgiven, delegated his servant, whom he gave freedom, the aforementioned Duke Murat and posted him in his stead to be in charge of all the affairs of management and of general benefits of the waqf as he saw in him the sign of honesty, maturity and stability and, thus, he asked him not to decline this post as long as he wears the clothes-life and as long as the guardian of death does not nock on his door. This is to be considered as the legally accepted authorization from the wâqif himself both privately and publicly. Also, it is to be noticed that his authorizer, the aforementioned wâqif - endower, appointed Mawlâna ?Abd al-Salâm, the son of the Faqîh (Sharî’ah lawyer) ibn ?Isâ,