waqf

Q: Can one piece of land which has initially been given waqf (for use of masjid) can another land of the same size, by the same owner, be substituted instead?

Q: A plot of land was made waqaf for a musjid in the 1970s, however no musjid was built on it because of the group areas act. In 1980 a musjid was constructed on another site. All these years the jamaat has been paying rates etc. for the first plot. There is no need to build a second musjid as the town is small and the current musjid suffices for the towns needs. We pose the following questions:

1. Can the land be let out temporarily?

2. Can the jamaat build houses on the land for income permanently?

3. How should the income be utilised?

4. Can the income of the waqf land be utilised for running the affairs of the current musjid?

Q:

1. Does the income of waqf alal awlaad (making one’s children the beneficiaries of the waqf) have to be distributed equally between the male and female children or will it be in accordance to the law of inheritance where the male will receive two shares and the female one share?

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 musjid or organization? If this is permissible, does anyone of the donees have a right to object to this and ask for his share?

3. Our madrasah property 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 do the trustees have the right to allow the madrasah to use it without a charge?

Q: Kindly advise me on the following as well as how I should go about setting up a trust.

1. I have a few properties which I wish to make waqf and wish to have full control of. I wish to distribute funds (rental) to charitable institutions, but if need be, so then I should be able to utilize the funds for myself (for instance, I must be able to use the funds for myself in certain months and for distribution in certain months certain months). On my demise, the trustees should take full control and use it fully for charity.

2. Will I be able to sell the property should I feel the need? For example, if property A is not performing well, could I dispose of it and use the funds to purchase property B? In this case, will property B automatically become waqf or will it be necessary for me to start the process all over again?

3. In the event of my demise, what control will the trustees have? Will they be able to sell and buy more properties in the benefit of the waqf?

4. Is it necessary to give the waqf a name because I like to remain anonymous? If it is necessary to give the trust a name, I request that would you kindly suggest a name for me?

Q: Can a Muslim woman reserve or buy a land around her parents grave as her own grave, during her life?

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.

Q: A Muslim Association is hoping to purchasing a building for dawah; with a view to run a madrasah, a welfare centre and also a salaah room (musjid) therein. The property is intended to be an endowment (waqf), eventually. However, we have no funds to pay for this building, as yet. A couple of brothers have offered to buy the building (using their own money) and give it to the Association on favourable rent, until the Association is able to collect the necessary funds and pay for the building, outright. In order to save on the property registry costs, the financiers have agreed that the building can be registered in the Association's name at the first purchase while they will retain the ownership through a private agreement that if the Association failed to raise the funds and buy it within a ten years period, the Association will have to sell the property and the proceeds will go to the brothers who paid for it. But hopefully the Association will be able to raise charity funds and pay for the building, the private agreement will come to an end and the Association will declare the property a charitable endowment. They also agree to sell half the building ownership to the Association on half the payment and proportional ownership for proportional capital in the building at anytime during the ten years. However, some brothers are disputing this arrangement and feel that the official registration will make the Association the owner, despite the price being paid by two private individuals. They say that any rent paid by the Association will in fact be 'interest' on the 'loan'. They are asking the brothers to give their money as a goodly loan with no return for the ten years but the financiers are unable to do this. Please clarify the following points in the light of shariah;

1. Is a partnership between a charity Association and private individuals impermissible in shariah?

2. Does the registry document make the ownership in shariah or it belongs to whoever has paid for the property?

3. Does a building become a charity endowment (waqf) on the basis of a 'future' intention, even before it has been bought or while it is in private ownership or shared private ownership?

4. Will any rent or partial rent paid to the private individuals (for their share in ownership) be 'halal' rent or 'haram' interest?

5. Is it permissible to setup a masjid room in a rented or in a shared ownership premises?

6. Is it excusable to embarrass someone with a request for goodly loan after they have made an investment proposal (seeking a modest return, almost half the income their capital is currently providing)?

Please clarify these points in detail as any remaining confusion will cause us difficulty. Kindly suggest any ways to overcome any mistakes commonly made in such partnerships. If it is permissible to raise finance through private partnership, as described above, we will be able to buy this property and receive the future goodness, inshaAllah. However, if it is not permissible, through your help, Allah Subhanahu will protect us from being sinful. Jazakumullaho Khaira.

Q: There is a land of a musjid for cultivation in my village. Some people of our village have no way of going out even through the qabrastaan besides that masjid land. Can that land be exchanged for some other land?