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Fatwa CenterThe conditions set by the owner of the Waqf must be abided by
Question
Assalamu alaikum.My great grand father bequeathed a house constructed by him as an endowment- Waqful-Aulad- to his brolther’s sons and daughters The house is for daughters and female descendants from daughters to stay as per the wakaf deed and the muthawalli will be from female line only as long as the female descendants exists. In addition to this he had also wakfed some shops and godowns , the rental income from them should be used for charity, feeding poors, maintenance of house, payment of taxes and it will not be sold. As per the waqf deed after extinction of the family, the house and the properties attached should go to a school founded by wakif.
As per customs of this part of the country ours is a joint family and the female members are staying in the house even after their marriage and hence in the wakaf deed the right to stay in the house was specified for female members. Once o ur family was a big family consisting of more than 100 members. Now many of the members have shifted by constructing their own houses and very few are staying in this house. Due to lack of proper maintenance , some parts of the house has become damaged . Now those who are staying in this house want to demolish this house and want to build separate houses in the land left after demolishing. If the properties attached to the house are properly managed, the income from them will be sufficient to get the damage repaired.
My question is 1) whether income from the waqf properties can be divided among the members ? 2) can the house be demolished completely and remaining land could be divided among family members?Thank you.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
It is obligatory for you to abide by the conditions of that Waqf as stipulated by its owner. The beneficiaries of this Waqf are allowed to utilize this house by living in it, and the guardian of this Waqf has to manage the buildings in a proper way which helps in maintaining the house.
On the other hand, it is not permissible to distribute the income of Waqf among the family members. But if any of the family members, who are entitled to live in this house, wanted to live in it, he is allowed to remain in it according to his share. It is not permissible to demolish this house or change it so long as it could be utilized.
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