Question (Q-63)
I purchased a piece of land for the purpose of establishing a designated area for Funeral Prayer (Salāt ul Janāzah). I now wish to build a community centre on that land which can also be used as an area for Funeral prayer (Salāt ul Janāzah).
Is it permissible for the directors, especially myself, to provide free community centre facilities for all Muslims in this building? I am the owner of this land. Is it permissible to use Zakāh and Sadaqah money for the construction of this community centre?
Answer:
If the land purchased for Funeral prayers was not directly or indirectly donated as Waqf (an endowment) for Allah (تعالى) then you are still its owner. Thus, you have the authority to build a community centre or anything else you wish on that land.
However, if you made the land Waqf (an endowment) for Funeral prayers and at the time of making it Waqf, you made a condition that you could change the purpose whenever you wanted, then you are allowed to change its purpose for the benefit of Muslims. If you did not make any such condition, then it is not permissible to make any change to the endowment. This is because the definition of Waqf is to terminate one’s ownership for the sake of Allah (تعالى) with the intention of carrying out worship.
It is stated in Al Hidāyah,
الوقف ازالة الملک إلي اللّٰه تعاليٰ علي وجه القربة
“Endowment is to remove ownership as an act of worship, for the sake of Allah (تعالى)”
Once any property is made Waqf (endowed) for Allah (تعالى) then no one can claim ownership of it. However, the trustee has the authority to make any stipulated alterations.
لأن الوقف لا يملک
“Because an endowment is not owned.”
It is stated in Radd ul Muhtār, Volume 3, Chapter on Waqf (Endowment),
لا يجوز له أن يفعل إلا ما شرط وقت العقد
“The donor (Wāqif) can only use it according to the conditions he made at the time of donation.”
If there was complete Waqf (endowment) of the land for Funeral prayers, then it is impermissible to make any changes to the Waqf because an endowed property cannot be endowed another time. It is stated in Al Fatāwā Al Hindiyyah, Volume 2, Page 290,
لا يجوز تغيير الوقف عن هيئته
“It is not permissible to change the form of endowment.”
Al Imām Ibn Al Humām wrote in Fath ul Qadīr, Chapter on Endowment (Kitāb ul Waqf),
الواجب إبقاء الوقف علي ما کان دون زيادة أخري
“It is necessary to keep the donated thing in its original form without making any additions to it.”
Al Imām Ahmad Ridhā (رضي الله عنه) has written extensively on this issue in his Fatāwā (Verdicts). In fact, any trustee (Wāqif) who makes any changes to a Waqf item is dishonest (Khā’in) and it is necessary to suspend such a person.
ينزع وجوباً لوالواقف فغيره بالأولي
“He will be removed necessarily if he is the trustee (Al Wāqif). Therefore, anyone other than him will most certainly be removed.” (Durr ul Mukhtār, Kitāb ul Waqf – Chapter on Endowment)
Is it permissible to use Zakāh and Sadaqah money for the construction of this community centre?
It is not permissible to spend Zakāh and Sadaqāt ul Wājibah (Neccessary Charity) on a community centre. It is permissible to use Sadaqāt un Nāfilah (Voluntary Charity). If it is extremely difficult then Sadaqāt ul Wājibah can be used for a community centre but only after a Hīlah Shar’iyyah (Legal Scheme). There is evidence of Hīlah Shar’iyyah in Sahīh Al Bukhārī and Muslim. It is narrated by Sayyidah Umm ul Mu’minīn Ā’ishah As Siddīqah (رضى الله عنها) that the Holy Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) took some Sadaqah meat from Sayyidah Barīrah (رضى الله عنه) and said,
لک صدقة و لنا هدية
“For you it is Sadaqah (Charity) and for us it is a gift.”
Therefore, if one wants to use Zakāh and Sadaqāt ul Wājibah money for a community centre then he should first give it to a Faqīr (poor person) and then that poor person may spend it on the community centre out of his own will.
Allah (تعالى) is Most Knowing.
Written by Muftī Shamsulhudā Khān Misbāhī (Allah preserve him)
