{"id":7915,"date":"2014-12-28T14:39:36","date_gmt":"2014-12-28T14:39:36","guid":{"rendered":"http:\/\/daruliftabirmingham.co.uk\/?p=7915"},"modified":"2014-12-28T14:39:36","modified_gmt":"2014-12-28T14:39:36","slug":"to-distribute-a-waqf-property-for-inheritance","status":"publish","type":"post","link":"https:\/\/daruliftabirmingham.co.uk\/home\/to-distribute-a-waqf-property-for-inheritance\/","title":{"rendered":"To distribute a waqf property for inheritance"},"content":{"rendered":"

\n\tFatwa ID: 01727<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tAnswered by <\/strong>Mufti Mohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

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

\n\tAssalamu alaikum
\n\tA person made a waqf in his lifetime, of all his property, residential house, open land and the agricultural land.
\n\tHe had only one son.
\n\tAfter he passed away, his  only son, heir and survivor somehow did manage that the property does not go to waqf,
\n\tand utilized it the whole life, sold some of it and left the remaining property  to his heirs.
\n\tthe heirs are three sons one daughter and a wife.
\n\tthe property is to be divided according to the sharia, among the heirs.
\n\tbeing divided in eight parts and, approximately
\n\ttwo parts each to three sons and one part each to daughter and wife.
\n\twhat does the sharia say about this property.
\n\tdo the heirs of the son have legal moral sharia  rights (haq) to this property.
\n\tbecause the present heirs are not the ones who did manipulate the waqf.
\n\tif they do not have the rights what should be done with the property.
\n\ti would very much appreciate your fatwa in this matter.<\/span><\/span><\/span>\n<\/p>\n

\r\n Answer:<\/strong><\/pre>\n
\n\t\"Bismillah\"<\/a><\/span><\/span>\n<\/p>\n
\n\tThe literal meaning of waqf is to stop and in Shariah it means to assign a property in the ownership of Allah in which the benefits are spent on those whom the waqf is assigned to. (Raddul Muhtar p.519 v.6)<\/span><\/span><\/span>\n<\/p>\n
\n\tIt is narrated by Saaiduna Ibn Umar \"ra\u1e0dyAll\u0101hu that Saaiduna Umar \"ra\u1e0dyAll\u0101hu made waaf of the land which he acquired from the Battle of Khaibar and stipulated conditions that It cannot be sold, gifted or inherited. The income derived from it will be spent on travellers, guests, soldiers, the poor and needy. The family of Saaiduna Umar Radiallahu Anhu will be able to eat from it an ordinary amount without hoarding and stocking it. (Sahih Bukhari P.)<\/span><\/span><\/span>\n<\/p>\n
\n\tThe method of making a property waqf according to Imam Abu Hanifa \"ra\u1e25imahull\u0101h is either the Qadhi (Judge) declares the property of the person to be a waqf or the person intending to give the waqf says that after my death this property will become a waqf. (Multaqal Abhur p.400 v.1)<\/span><\/span><\/span>\n<\/p>\n
\n\tFurthermore, Imam Abu Hanifa \"ra\u1e25imahull\u0101h says that a waqf would not be complete unless he makes a trustee to execute his waqf or he transfers it to those whom the waqf is assigned to. (Raddul Muhtar p.534 v.6)<\/span><\/span><\/span>\n<\/p>\n
\n\tWith regards to your questions there are a couple of scenarios:<\/span><\/span><\/span>\n<\/p>\n
    \n
  1. \n\t\tIf the deceased during his lifetime said, “after my death this property will be a waqf,”<\/strong> then this will have the same ruling of a wassiyah or will. Therefore, after his death 1\/3 will go to waqf and the rest distributed to the heir. (Raddul Muhtar p.533 v.6)<\/span><\/span><\/span>\n\t<\/li>\n
  2. \n\t\tIf the deceased says during his lifetime, “this property is waqf.” Without placing a condition of after my death<\/strong> and he did not assign a trustee to execute the waqf and nor did he transfer it to those whom the waqf was meant for, then this will not be<\/strong> classified as a valid waqf.<\/span><\/span><\/span>\n\t<\/li>\n<\/ol>\n
    \n\tYour situation fits with the second scenario. The upshot of it is that the waqf made by the deceased was not correct. Therefore, the sons possession and ownership of the land was permissible and after his death it will be distributed between his three sons, one daughter and one wife in the following way;<\/span><\/span><\/span>\n<\/p>\n
    \n\t                                                                                                                    8<\/span><\/span><\/span>\n<\/p>\n
    \n\t<\/span><\/span><\/span>\n<\/p>\n
    \n\t   SONS           SONS            SONS          DAUGHTER                      WIFE<\/span><\/span><\/span>\n<\/p>\n
    \n\t      2                    2                    2                    1                                       1<\/span><\/span><\/span>\n<\/p>\n
    \n\tEach of the three sons will receive two shares of the entire estate and the daughter will receive one share due to the Quranic verse:<\/span><\/span><\/span>\n<\/p>\n
    \n\t“Allah directs you concerning your children for a male there is a share equal to that of two females.” (Surah Nisa v.11)<\/span><\/span><\/span>\n<\/p>\n
    \n\tThe wife of the deceased will receive one share of the estate.<\/span><\/span><\/span>\n<\/p>\n
    \n\tOnly Allah Knows Best<\/span><\/span><\/span>\n<\/p>\n
    \n\tMohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n
    \n\tDarul Ifta Birmingham<\/span><\/span><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"
    Fatwa ID: 01727 Answered by Mufti Mohammed Tosir Miah Question: Assalamu alaikum A person made a waqf in his lifetime, of all his property, residential house,…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[9],"tags":[],"_links":{"self":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/7915"}],"collection":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/comments?post=7915"}],"version-history":[{"count":0,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/7915\/revisions"}],"wp:attachment":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/media?parent=7915"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/categories?post=7915"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/tags?post=7915"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}