What do our Scholars say Regarding Trusts?

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Fatwa ID: 03610

Answered by: Maulana Maqtaur Rahman

 

Question

What do our scholars say regarding trusts?

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

 

Answer:

Trusts are an arrangement where a person or a group of people have control over certain assets or money.[1]

 

Therefore, if the means of the money or assets are shariah-compliant and permissible, then the trusts of this will also be permissible according to Islamic Jurisprudence.

 

Now, the area of discussion is when the means of the money or assets are not shariah-compliant and permissible.

Some of our scholars have allowed using unlawful money for charities in general, such as building roads, constructing community centres for the poor and financing other public-welfare projects.[2]

Therefore, if the trusts have money or assets, which were obtained through unlawful means, it will be necessary to give it away to the poor with the intention of removing the unlawful money or assets and without the intention of reward.[3]

 

 

Only Allah knows best

Written by Maulana Muqtaur Rahman

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 


[2] Fatawa Rahimiyah, v.3 p.260

 

[3] Fatawa Hindiyah, v.5 p.349

 

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