Fatwa ID: 06400

Answered by: Maulana Burhaan Rahman

Question:

Mufti sb a neighbour of the masjid wants to give waqf of a borehole to the masjid with the shart that pipeline is made to his home for his personal use as well?

Is this jaaiz since he’s making it waqf on waqf masjid property and shart for himself, it’ll be dug on masjid grounds?

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

The concept of waqf is found in the hadeeth in Bukhari (2737) where Umar (RA) amassed a fortune from Khaybar, set it aside, and donated from it (from what it produces).

Waqf is an endowment in Islam. This selfless deed involves continuing to dedicate one’s fortune to the good of society.

Now making certain conditions are fine, so long as doing so does not conflict with the Qur’an or the Sunnah, it shall be carried out in accordance with his requirements (one who is setting aside/building something as waqf)

Our beloved Prophet (SAW) mentioned:

الصُّلْحُ جَائِزٌ بَيْنَ الْمُسْلِمِينَ إِلاَّ صُلْحًا حَرَّمَ حَلاَلاً أَوْ أَحَلَّ حَرَامًا وَالْمُسْلِمُونَ عَلَى شُرُوطِهِمْ إِلاَّ شَرْطًا حَرَّمَ حَلاَلاً أَوْ أَحَلَّ حَرَامًا

“The Muslims are bound by their conditions, except for conditions which make forbidden things permissible or permissible things forbidden,” [Tirmidhi Hadeeth no: 1352]

So this means that one of the rulings on waqf is that it is obligatory to act in accordance with the wishes of the one who established the waqf, so long as it does not go against sharee’ah, bearing in mind that both parties agree to the halal terms and conditions

Only Allah knows best.

Written by Maulana Burhaan Rahman

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham