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Using the Madrasah Lillah and Zakaat funds for other Deeni activities

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: A certain madrasah utilises lillah and zakaat to run its affairs. The zakaat is used to pay the fees of the students of the madrasah and therefore becomes madrasah money. Also the madrasah is under and organisation/board that oversees the running of the madrasah. This organisation/board pays the fees of the ustaads of said madrasah. Besides the activities that are directly involved with running the madrasah, eg: feeding the students, transporting the students to and from the madrasah, lights, water, etc, will it be permissible to use the funds in other avenues which are not directly involved with the taleem and running of the madrasah? Can the madrasah funds be used to buy plane tickets for the ustaads to attend jors in cape town?can the funds be used to book in to hotel rooms if the ustaads are going to teach in a town that is 2 hours away from the madrasah? s it permissible to use the funds in other similar activities as mentioned above? Please explain in detail which avenues will it be permissible to use the funds and what will be the procedure to follow before these funds can be used?

Bismillaah

A: As far as Zakaat is concerned, it is impermissible to utilize Zakaat funds for the running of the Madrasah (i.e lights, water, maintenance, salaries, etc.). 

It is a condition for the Zakaat to be discharged that it be given to one who is eligible to receive Zakaat. However if the Madrasah, Maktab give the Zakaat to those students who are eligible for Zakaat, and thereafter the students pay their fees with the money, it will be permissible for the Madrasah to utilize the money for the running of the Madrasah. 

Alternatively the Madrasah or Maktab could seek consent of the poor students to accept Zakaat on their behalf (in proportion to the fees), thereafter the Madrasah accepts this amount on behalf of the poor students as fees for their education, in this way it will be permissible for the Madrasah to utilize the money for the running of the Madrasah (since the money no longer remains Zakaat). 

As far as Lillah money is concerned, if the donors contributed the Lillah money for a specific purpose e.g. for providing meals or kitaabs for the students etc. it will be incorrect to utilize the money for any other purpose. If the donors did not specify the exact purpose in which the money should be used however they clearly stated that the money be used for the running of the Madrasah, in this case it will be permissible to use the money for any expense related to the Madrasah. Spending the money on plane tickets to go for jors will be impermissible. However if the donors donated the money with the intention that the money could be used in any Deeni activity or Deeni avenue related to the Madrasah or out of the Madrasah then it will be permissible to use the money for any Deeni cause.

 لا يجوز التصرف في مال غيره بلا إذنه ولا ولايته (الدر المختار 6/200)

إن شرائط الواقف معتبرة إذا لم تخالف الشرع وهو مالك فله أن يجعل ماله حيث شاء ما لم يكن معصية وله أن يخص صنفا من الفقراء (رد المحتار 4/366)

بعث شمعا في شهر رمضان إلى مسجد فاحترق وبقي منه ثلثه أو دونه ليس للإمام ولا للمؤذن أن يأخذ بغير إذن الدافع (البحر الرائق 5/270)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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