Q: Below are few questions regarding Waqf.
1. Does the income of Waqf Alal Awlaad have to be distributed equally between males and females as is done in inheritance?
2. Can the donor or the trustees, after the death of the donor of such a Waqf, specify different avenues for the entire income or portion thereof to be spent on, besides the Awlaad. E.g. He says that all the income is to be given to a certain masjid or organisation.
3. If this is permissible, does any of the donees have a right to object to this and ask for his share?
4. Our Madrasah property is Madrasah is Waqf Alal Awlaad. The Madrasah takes fees and accepts donations which is spent only on the Madrasah.
a. Are the Awlaad entitled to a portion of this as it is a source of income to the Waqf (although none of the donees asked for anything as they have accepted that the income will go to the Madrasah).
b. Does the Madrasah have to pay the Waqf rent or can the trustees have the right to allow the Madrasah to use it without a charge.
1. Overall, the appropriate thing to do when gifting to children in one’s lifetime is to practise equality unless there is a valid reason to prefer one over the other.
2. Once he has made it waqf for the aulaad then income that is accruing must go the aulaad.
4. (a) Fees are charged to facilitate education in a conducive comfortable environment. So obviously the fees will be primarily used for taleem and related matters. The correct thing is to find out from the donors as to their explicit intention in respect to their contributions.
(b) They have a right to charge a rental for the use of their property.
And Allah Ta’ala (الله تعالى) knows best.
Mufti Ebrahim Salejee (Isipingo Beach)