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, vol.3/pp.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, vol.3/pp.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.