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Making A Waqful Awlaad

Answered according to Hanafi Fiqh by Mahmoodiyah

Question:

Dear Mufti Saheb,
Assalamu alaikum,
 
I wish to create a  Waqf ul Awlaad type of Trust and make a Will with the conditions that all the property left over by me after my death shall not to sold or inherited but the rental income from the properties be distributed between my sons and daughters in the ratio or 2 : 1 The daughters to benefit only during their lifetime and the benefit not to be passed on to their offspring’s but the benefits to continue with the sons offspring’s only Finally in the event there are no more heirs from the family, the whole property be given for public cause
 
Can I write a Will in accordance with the above proposal ? Is this proposal in accordance with the Shari’at ? If someone makes such a Will , is such a Will valid in according to Shari’at ? Please advise
 
Jazakallah Khair,

        


Answer:

 

                  

It will be correct to make Waqf ‘Alal Awlaad according to the conditions mentioned in your question except for two points that should be noted in this situation.

Firstly, if you have any heirs (who are alive at the time of your death) other than your children, then one will be sinful for depriving them without any Shar’i reason.  (Imdaadul Ahkaam, Vol. 3 Page 63, 96)

Secondly, in the case where there are no more heirs left (according to the conditions mentioned in the Waqf fund) it must be stated that the property’s income should go to the poor and not any public cause because the actual recipients of Waqf are the poor.  (Raddul Muhtaar, Vol. 3, Page 393)   

And Allah Ta’ala knows best

Qasim bin Hashim Limbada

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

25 September 2004

10 Sha’baan 1425

This answer was collected in 2012 from the website of Jameah Mahmoodiyah, South Africa. The original website no longer exists.

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