Answered by Shaykh Ilyas Patel
Please kindly let me know according to Hanafi Fiqh if creating Wakf alal Aulad is jayiz in Islam.
A Wakf-ul-aulad has been created in a family wherein all the properties have been included in the wakf and the wakif has stated that the sons and daughters will share the income of all the properties included in the wakf in the ration 2 : 1. Also it has been stipulated in the will that the benefit to the daughters will stop after their death and their descendents will not be elligible for any benefit while the sons and their descendents will contine to enjoy the benefits. Is it OK in shariah to show this kind of partiality ? After all the descendents of both the sons and daughters are from the same lineage.
In the name of Allah Most Compassionate Merciful
I hope you are fine and in the best of health and iman.
The endowment (waqf) as such, whilst in the life of the one who is endowing (waqif) is valid, but it is morally wrong to limit the share to one part, whilst the sons get two parts.
It has been mentioned in Fatawa Bazzaziya as follows:
‘If one said, my land is an endowed charity for my children equally, then it will be construed to mean his own children, unless he says ‘for my sons’ then it will exclude his daughters.’
(Fatawa Bazzaziya (marginilia) with Fatawa Aalamgir) V.6 pg 273)
Again, it is wrong to show this partiality to the daughters after the death of the endower (waqif)
And Allah alone knows best