As for any practice that a Muslim knows to be a prohibited innovation, someone who knows this may not permit an endowment to support it, by agreement of the Muslims. Some people may nevertheless stipulate such practices as conditions of an endowment because they do not know the Sharia, or because they follow someone whose authority they may not follow in that matter. Such conditions are invalid, as ʿUmar ibn al-Khattāb said:

“Bring practices born of ignorance back into line with the Sunnah.”

This is also established by the report in the Sahīh collection from ʿĀ’ishah, from the Prophet, may Allah bless him and grant him peace, who said:

“Whoever performs an act that does not conform to our guidance will have it rejected.”

For this reason, scholars agree that a just judge’s ruling must be overturned if it contradicts an explicit scriptural text or a scholarly consensus of which he was unaware. What, then, of the actions of someone unfamiliar with this subject—an endowment founder who does not know the ruling of the Sharia, or the agents who act on his behalf?

Even supposing that a judge ruled that such an arrangement was valid and binding, he could at best be learned and just; by agreement of the Muslims, he may not enforce anything that contradicts an explicit scriptural text or scholarly consensus. Conditions that require what Allah has forbidden, or prohibit what Allah has commanded, contradict both explicit scripture and scholarly consensus. In everything Allah has commanded or forbidden, obedience to Him is required to the extent possible. As the Most High says:

“So fear Allah as much as you are able.”

And as the Prophet, may Allah bless him and grant him peace, said in the hadith reported by both al-Bukhārī and Muslim:

“When I command you to do something, do as much of it as you can.”