{"id":4029,"date":"2015-08-19T14:34:20","date_gmt":"2015-08-19T18:34:20","guid":{"rendered":"https:\/\/www.fiqhulislam.com\/?p=4029"},"modified":"2015-08-19T14:34:20","modified_gmt":"2015-08-19T18:34:20","slug":"waqf-condition-benefitting-alive","status":"publish","type":"post","link":"https:\/\/www.fiqhulislam.com\/?p=4029","title":{"rendered":"Waqf On the Condition of Benefitting While Alive"},"content":{"rendered":"

Question:<\/strong><\/span><\/p>\n

A person distributed the majority of his wealth in his lifetime to his heirs.<\/p>\n

He wants to know if he can leave what\u2019s left in trust to an Islamic institution.<\/p>\n

E.g. While he is alive he benefits from the assets even though he has made the institution the owner. But he had made a stipulation or condition that upon his death that it will be handed over.<\/p>\n

Is that permissible?<\/p>\n

Are there any conditions\/situations where they will allow this?<\/p>\n

Answer:<\/strong><\/span><\/p>\n

\u0628\u0633\u0645 \u0627\u0644\u0644\u0647 \u0627\u0644\u0631\u062d\u0645\u0646 \u0627\u0644\u0631\u062d\u064a\u0645<\/span><\/p>\n

\u062d\u0627\u0645\u062f\u0627 \u0648\u0645\u0635\u0644\u064a\u0627 \u0648\u0645\u0633\u0644\u0645\u0627<\/span><\/p>\n

This question is pertaining to Waqf<\/em>. In Shariah it means to assign a property in the sole ownership of Allah Ta\u2019aalaa and the benefits thereof are spent as designated.<\/p>\n

It is permissible that a person assigns all his assets as waqf<\/em> to an institute with the condition that he will benefit from it once he is alive.<\/p>\n

In the question above, a condition for all the remainder assets to be considered Waqf<\/em> is that the assignment has to be finalised before death. So he will say, \u201cI have assigned all my assets as Waqf<\/em> to so-and-so institute on the condition that I will benefit from it until I die.\u201d<\/p>\n

If the person says that, \u201cI will use my assets and when I die, all of it will be given to the institute,\u201d then this will be categorised as a Wasiyyah<\/em> (bequest), which can only be executed from a third of the estate. In this case, a third of his estate will go to the institute, while the remaining two thirds will go to the heirs.<\/p>\n

A point to note is that it will be sinful to give away all of one\u2019s assets in Waqf <\/em>to an institute if the intention is to deprive his heirs. However, if his heirs are not in need, and he has no such ill motives, then there will be no sin. It is best to let the heirs also sign the Waqf<\/em> document, so as to show they were pleased with it and so that no one claims inheritance in it after death. Once the Waqf<\/em> was finalised before death, then the heirs will have no claim in it even if they were not pleased.<\/p>\n

And Allah Ta\u2019ala knows best<\/strong>.<\/span>
\nMuhammad ibn Suleman Chothia
\nChecked and verified by Mufti Muhammad Mahdi<\/p>\n

\n

References:
\nFatawa Mahmoodiyah 14\/233-235
\nFatawa Raheemiyah 9\/44
\nFatawa Darul Uloom Zakariya 4\/639-640
\nAhsanul Fatawa 6\/412-413
\n <\/p>\n","protected":false},"excerpt":{"rendered":"

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