Question
Some years ago a group of persons purchased a house with the intention distributing the income to Deeni work in their village in Gujerat, India. Ten years later, the people where the house is situated, took the house by force. The rents have been accumulating in the bank over the years. I am one of the signatories. Both parties are demanding the accumulated income. To whom should I release the funds?
Answer
The benefits of the Waqf house have to be used in terms of the niyyat of those who had established the Waqf. The community had no right to take the Waqf house by 'force'. They had thereby usurped the right of the original Waaqifeem who are the ones who had acquired the house and who had made it Waqf. The original Waaqifeen are entitled to use the rent income as they deem fit in accordance with their original intention.
Since the original intention was for the funds to be used in the village of Gujerat for Deeni purposes, you should ensure that the funds reach the village. The funds should not be given to the committee which had usurped the rights of the original Waaqifeen.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 23 No 11
- PDF page
- 5
Appears under Questions and Answers (approximate).