Waqf

Q: According to Imaam Abu Hanifah (rahimahullah), a person can retract the waqf he made during his lifetime. If he retracts, is his wealth haraam?

Q: The trustees of a certain masjid allowed the imaam to reside in a house which is owned by the masjid waqf trust. However, instead of the imaam residing in the house, he rented out the house to a third person thereby receiving a monthly rental.

Was the imaam allowed to do this? If not, then what should be done with the rent that was received? Is it permissible for the trustees to allow the imaam to keep the rent?

Q: A plot was given as waqf for the purpose of construction of a school to a masjid trust. There was no agreement in writing or any conditions attached to the grant except that the plot be utilised for education of Muslims. Up to now, it has been more than 12 years since the plot was given but for various reasons the purpose hasn't been accomplished and the plot has been lying idle and become a dump yard for the neighbours.

For this reason, we as donors, asked the masjid committee to release the plot to us so we could carry out the educational development ourselves.

The committee initially expected us to pay part value of the plot for it to be released to us. However on advice of some ulamaa, they have agreed to release it to us without monetary payment.

Since we now have to raise funds to build a school over and above the plot donation, is it permissible for us to divide the waqf plot into two and buy or sell half of it to raise funds to build the school?

Q: A waqf is created with the understanding that it collects monies from members of the waqf to pay out to members of that waqf should those members experience a loss.

Can the affected member/s receive more than what they themselves contributed? And then after receiving such, leave the membership of the waqf? Would the additional amount received be considered riba or gambling?

Q: My husband bought some damaged Qurans from the local masjid to our home around 18 months ago. He repaired the broken spines and returned many. However he has kept a few in our house and also in my in laws house because they are large print. At the time I raised my concern they are community property. Im concerned they are waqf, perhaps donated by someone in the community for local charity, and now we have them in our house and my in laws house. Neither house (mine or my in laws) refers to them.

Should we return the Qurans or keep them? If we must return them what should we do as repentance?

Q: A Muslim person gave land like waqf to the Masjid committee to use this land for Eidgah for about ten years. Today, the leaders of the Masjid committee want to rent the land, while putting a clause that the tenant will have to clear the land during the two days of Eid to allow for the use of Eid Salaah. The committee officials say that it would provide income for the operation of the Masjid. In this case, is it obligatory to have the permission of the one who gave this land in waqf, many years ago, or not?

Q: The trustees of a Musallaa (Jamaat Khana) purchased a flat as the Imaam's accommodation. The Imaam no longer wants to use the flat and has decided to arrange his own accommodation. The trustees would like to let the Muazzin use the flat as his accommodation. However, according to the building rules no more than 3 persons may live in the flat, whereas the Muazzin has a family of 5.

Can the trustees sell the flat and use the money to purchase an alternate flat as accommodation for the muazzin? (The flat is a share block.) 

Q: We have a small Muslim Community. One brother has given his building to use as a masjid, we named this "Kendal Islamic Centre" This building will remain under his name and we can use it without restrictions of time, when we can't afford to run it or we buy another place he takes the building back. We need to do extension and some building works in this building. Are we allowed to do chanda on the name of Kendal Islamic Centre or do we need to inform the donor's about our position in regards to it's ownership?

Q: In my town, an Islamic organisation has built a bank on a land that had been donated as sawaab jariyah. Is this correct?

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?