they do not distinguish between an agent, an executor, and an administrator; to them, all are agents. They even call an executor an agent after the death [of the person who appointed him]. If such a document were brought before a judge unfamiliar with the local custom, he would say: “This man’s agency has lapsed.” For instance, if someone were to say, “So-and-so is my agent over my property, or over my minor children,” or something similar, and then he died, the agency would terminate. Therefore, those who prepare documents for people should possess knowledge and understanding of the terms used and their legal implications.
A guardian is one who acts by authorization of the Lawgiver. All those we have mentioned—the agent, executor, and administrator—act with the authorization of the owner. But when one acts by authorization of the Lawgiver, this is called guardianship, such as the guardian of an orphan: no person has appointed him; rather, Allah has appointed him. The same applies to a father’s guardianship over his child’s property. This is a guardianship that does not arise through the authorization of a human being.
Accordingly, the appointment of the administrator is referred back to the endower, because he knows his endowment best. The administrator may be designated either by description or by name. Thus, if he says, “This is an endowment for the poor, and So-and-so is its administrator,” then So-and-so must be the administrator. If an authority wished to take charge of this endowment on the grounds that it is public, it would have no right to do so while a specific administrator is in place. The endower has removed the endowment from his ownership while stipulating a particular administrator, and no one may object to that. However, if it is feared that he will not discharge the trust as he should, then that authority may appoint an administrator alongside him, because this is an endowment for a public cause.
Is it valid for the endower to designate some of the beneficiaries of the endowment as its administrators?