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26 Jamadi al-Thani 1443  ,  29 January 2022

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Fatawaa


Subject : It is Forbidden to Borrow from the Orphans` Fund

Fatwa Number : 1994

Date : 30-01-2012

Classified : Forbidden Money

Fatwa Type : Search Fatawaa


Question :

An organization has donated a certain amount of money for the sake of creating a park for the orphans. Since there was a delay in payment, (10.000 JDs) were borrowed from the orphans' fund where (5000) were returned and the other five were withdrawn under the heading "Contribution for the orphans` park." What is the ruling of Sharia on the borrowed as well as the contributed amounts? 



The Answer :

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

Whoever is entrusted with an orphan should take care of him, treat him kindly, and preserve his wealth. Thus, it is forbidden for such person to abuse the orphan`s funds because Allah the Almighty says {What means}: " And come not nigh to the orphan’s property, except to improve it…….." {Al-An`am, 152}. He also says {What means}: " Those who unjustly eat up the property of orphans, eat up a Fire into their own bodies: They will soon be enduring a Blazing Fire!" {An-Nisa`, 10}.

The above committee acts as the Wali (Guardian) of the orphans so long as it has been officially appointed to undertake this task. Therefore, it is forbidden for it to donate or lend from the funds collected in favor of the orphans, and any action in this regard should target the best interest of the orphans first and foremost while donating doesn`t.  Al-Shirbini (May Allah have mercy on him) said, "It is forbidden for any Wali, other than the Judge, to lend any portion from the funds of the boy and the insane." {Moghni Al-Mohtaaj, V.3:P.154}. Al-Shirbini added, "He is required to act in the best interest of the orphan because Allah says {What means}: " And come not nigh to the orphan’s property, except to improve it, until he attain the age of full strength;" {Al-An`am, 152}." {Moghni al-Mohtaaj, V.3:P.152}.

However, if the above committee raised funds in favor of the orphans` park, then this is permissible. We advise this committee to be mindful of Allah as far as the funds of these orphans are concerned, return the amount taken from their fund and spending it in their best interest. And Allah the Almighty knows best.






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