Answered according to Hanafi Fiqh by

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.



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, 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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