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Trust Fund

Answered as per Hanafi Fiqh by Qibla.com

Answered by Shaykh Muhammad ibn Adam al-Kawthari

My Grandmother set up a trust fund to pay for education for her Grandchildren, but that we can ask for money from at any time, and any that is not used will be shared  equally between the children as they each reach 25. Three have received theirs, and two have not. I recently asked for some money from this fund, and was sent an amount, but this time I noticed the money comes through a high interest account.I do not know whether the shares are in halal companies, but could find this out insha’Allah. The shares are not in our names as far as I understand. 

Can you please comment on whether or not this would be halal, if it isn’t should I deposit the cheque and get rid of it, or just pretend I never received it!

Answer:
In the Name of Allah, Most Gracious, Most Merciful

In the name of Allah, Most Compassionate, Most Merciful,

If the trust fund set by your grandmother is in a  interest bearing account, and the money that is generated in this account is from interest, then to take the access amount (interest) will be unlawful. You must determine what was the actual sum that was deposited by your grandmother, thus to avail of this amount will be permissible. Anything extra, however, will be interest, thus unlawful.

Secondly, with regards to the excess amount, it should be taken out and given to the extreme poor without the intention of reward.  

And Allah knows best

Muhammad ibn Adam al-Kawthari, UK
www.daruliftaa.co.uk

This answer was indexed from Qibla.com, which used to have a repository of Islamic Q&A answered by various scholars. The website is no longer in existence. It has now been transformed into a learning portal with paid Islamic course offering under the brand of Kiflayn.

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