IslamQA

Waqf

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: The en-dowers of a waqf property in situated in South Africa are all deceased. Their original intention was that the rental proceeds from the waqf property should be given to a specific madrassa in India. The current trustees have no contact with the responsible individuals in India and as a result the funds are collecting in a bank account in South Africa. A local SA musjid trust has approached these trustees to purchase that waqf property for the purposes of establishing a much needed madarassa.

1)Can the trustees sell this property to the local musjid trust.

2)Can they grant the local musjid trust the use of the property at no charge.

Bismillaah

A:

1. If they can locate the madrasah that was intended by the en-dowers they should locate the madrasah and pass on the amounts to that madrasah.

2. I suggest that a fair rental should be charged.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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