The executor is appointed by the endower to ensure that his/her wishes are executed. The executor is entitled to overview the waqf, its investment and its disbursement to the beneficiary.
Executor requirements:
The executor must have the following qualifications:
1. Be Muslim
2. Be mentally sane
3. Be mature in age.
4. Be just; a trustworthy individual who obeys the orders of Allah and is of good ethics and conduct.
5. Be wise; follow the endower's interest.
Executor's duties:
It is the executor's responsibility to protect the waqf and maximize its investment:
1.Upkeep the waqf: undertake all maintenance and repair aimed at protecting and preserving the waqf from any damage.
2.Fulfill the endower's wishes.
3.Defend the waqf rights in any legal disputes.
4.Pay up waqf related debts
5.Spend the waqf revenues on the designated beneficiary and abide by the set date for disbursement, except in certain cases such as the need to pay up some waqf related debts.
Executor's permissible and prohibited acts:
The executor has to right to perform any deeds beneficial to the waqf and to the endower within the conditions laid down by the endower.
Prohibited acts are those that might impact negatively on the waqf such as:
1.Lease the waqf for oneself or for one his children which is considered an act of nepotism.
2.Consider the waqf a guarantee for the executor's loan, in other words cover the payments of the executor's loan from the waqf revenues.
3.Pawn the waqf.
4.Lend the waqf to an individual or an institution other that the designated beneficiary.
5.Reside or have someone reside free of charge or for a minimal rent in the waqf estates.
Executor's fees:
It is permissible to award the executor monthly or yearly fees, or a portion of the waqf revenues. If the endower did not mention such fees, the judge has the right to grant the executor fair fees in the same range of other executors.
Executor's removal:
The executor can be removed by the endower or the judge for certain reasons. Such reasons may include disloyalty and loss of competence. Removal will come into effect once the executor is officially informed. Thus, any acts taken by the executor prior to his knowledge is considered valid.
Waqf maintenance and repair:
The majority of Islamic scholars agree that maintaining and repairing the waqf is the major executor's responsibility. It is even most important and must therefore precede spending the revenues on the beneficiary. Since waqf is a continuous donation, the executor must ensure its sustainability.