Waqf

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: Could you please explain the defenition of waqf? What are the rights of the waaqif?

Q: I want to cross a water pipe that may be ¾” to 2” in diameter from a grave yard nearer to my home to access the water from a water well beside the grave yard. Moreover I also want to clear that the grave yard is almost full of graves and a new grave yard has been inaugurated in the village. Old Grave yard has also a boundary of concrete pillars having barbed wire and I will layout the pipe with the pillars from grave yard side without damaging any grave or pillar because graves are a bit far from the pillars. Please let me know that according to Islamic Point of View, it is permissible to cross the water pipe from a grave yard or not?

Q: I just wanted to know that if a property is gifted strictly for the purpose of a graveyard, can the caretakers build a shopping complex on that particular land?