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Subject : Detailed Rulings of Family Waqf
Fatwa Number : 3735
Date : 01-12-2022
Classified : "Waqf "Property Endowed for Charitable Causes
Fatwa Type : Search Fatawaa

Question :

A man endowed his properties for the benefit of his family members. Are his children (Males and females) entitled to benefit from this Waqf? Are the children of his daughters entitled to benefit from it as well? Can a beneficiary sell or rent out his/her benefit from the Waqf?



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.

The general rule is that a Waqf (Religious endowment) must remain sustainable and uninterrupted because it is limiting the benefit of an endowed property to eligible beneficiaries, and not to the donor. Dedicating the benefit of the Waqf in the cause of Allah is a charity that brings the donor closer to Him. Since condition of the donor is binding,  we need to review the title deed constituting the Waqf to decide the right course of action regarding the above Waqf.

In the event that the title deed was lost and couldn`t be found, the beneficiaries of the family Waqf include all the children (Males and females) of the donor and their descendants, males and females. An-Nawawi said: "He said: I have endowed this property for my progeny. This means that the children of his daughters and sons are amongst the eligible beneficiaries." {Rawdat At-Talibeen, V.5:337}.

As for the benefit of the Waqf, it belongs to the beneficiary himself/herself or his/her agent. However, the beneficiary isn`t allowed to rent out the Waqf whether it was endowed to be used or lived in by him/her unless he/she is the administrator of the Waqf or the latter has allowed him/her to rent it out. This is because the beneficiary owns the benefit of the Waqf without any material returns, so he/she doesn`t have the right to give it for a material recompense. Al-Shirbini said: "And its benefits (of the Waqf) belong to the beneficiaries and they are entitled to benefit from them personally or through someone else by means of lending and renting, similar to other properties. However, they can be rented if the beneficiary is the Waqf administrator or the Waqf administrator has given him/her the permission to do that." {V.3:456}.

Article 751 of the Jordanian Civil Law stated: "It isn`t permissible for the beneficiaries to rent out the Waqf nor collect rent. Even if it was one beneficiary, he/she isn`t entitled to rent it out unless he/she is the administrator of the Waqf or the latter gave him/her permission to do so."

In conclusion, all the children of the donor and all their descendants are beneficiaries of the family Waqf and the beneficiaries aren`t allowed to rent out the Waqf except with the permission of the Waqf administrator. And Allah the Almighty knows best.






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