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Establishing a Waqf from Zakaat Money is Impermissible

Answered as per Shafi'i Fiqh by Darul Iftaa Jordan
Is it permissible to establish an Islamic bank whose revenues are dedicated to educating the poor through using a sum from the Zakaat money as a Waqf (an endowment)?

Answer:
All perfect praise be to Allah. Blessings and peace be upon Prophet Mohammad: Waqf is a blessed channel of charity for which Almighty Allah has dedicated an abundant and a constant reward. In a narration, the Hanafite and the Hanbalite jurists allowed using money as a Waqf to be spent in different channels of charity. Al-Mardawi reported in his book { Al-Insaaf } : “ Imam Ahmad allowed using money as a Waqf. “ However, it isn`t allowed to use Zakaat money as a Waqf because Zakaat must be put into the possession of the poor. In addition, it isn`t permissible to delay the payment of Zakaat beyond its due time. Accordingly, it is permissible to use non-Zakaat money as a Waqf dedicated for educational purposes; whereas, using Zakaat money for such an end is impermissible .

This answer was collected from the official government Iftaa Department of Jordan.

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