Endowment: Can a Trustee Change the Purpose of an Endowed Graveyard?

Practical Laws of Islam as per the teachings of Imam Khamenei

Endowment: Can a Trustee Change the Purpose of an Endowed Graveyard?

English:

Question #2022:

Twenty years ago a plot of land was donated, by way of endowment, to be used as a graveyard. The donor made himself trustee and after his death a cleric, whose name was mentioned in the original charter of the endowment, should be appointed a trustee. He further directed that, after the death of the cleric, the trustee should be elected according to a certain mechanism. Has the present trustee the right to alter all, or some of, the provisions laid down in the endowment deed or add new ones to them? And should this change affect in any way the main objective behind setting the endowment up, such as turning the land into a car park, would the endowment still be valid?

Answer #2022:

Neither the endower nor the trustee has the right to change or alter the purpose of the endowment, especially after it has been realized by actual transfer of it. It is not permissible for endower or trustee to change some of the provisions laid down in the endowment deed or add new ones to them. It does not cease to be endowment following the change in its purpose.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Endowments