Question
About 70 to 80 years ago my great grandfather had donated a piece of land to our Community and had made it waqf to be used as a cemetery. It was not being used as a cemetery then because we already had one which had plenty of space. After the independence of our country the government brought about a law that this land could not be used as a cemetery. Hence the leaders in our community contacted the family requesting permission to nullify the waqf, changing it from cemetery to building houses for the community members. The family in conjunction with the community leaders consulted the ulema then and they were advised that waqf can only be nullified by the one who has made the waqf, and nobody else not even the heirs of that person. However keeping that in mind and that since there was no need for the Qabrastan, the ulema said that the land could be used for construction of the housing for the community members. A few years ago this issue has come back haunting us as the family that it was not rightly done then. We have been told that a Waqf cannot be broken under any circumstances and if the conditions are not favourable then the community together with the family should invest the value of land received into another piece of land and make it waqf for a cemetery. My question is: do we have to do that? Or whatever our elders and community leaders did then in consultations with ulema was correct?
Answer
The decision of the elders and ulama regarding the land made Waqf for a Qabrustaan was improper and not valid. They acted in contravention of the Shariah. If a Waqf land cannot serve the purpose for which it was made Waqf and it has become redundant, then the land should be sold and another similar portion of land purchased to attain fulfilment of the objective for which the Waaqif had made the Waqf.
It is incorrect to claim that the Waaqif can nullify the Waqf he had made. Once a land is made Waqf, ownership reverts solely to Allah Azza Wa Jal. The ownership of Allah Ta'ala cannot be cancelled by the
donor (waaqif).
Rabiul Aakhir Rabiul Aakhir Rabiul Aakhir Rabiul Aakhir 1441 1441 1441 1441 Dec 2019 Dec 2019 Dec 2019 Dec 2019
ZAKAAT NISAAB R 5,200 ZAKAAT NISAAB R 5,200 ZAKAAT NISAAB R 5,200 ZAKAAT NISAAB R 5,200 MEHR MEHR-E-FATIMI R 13,100 MEHR MEHR FATIMI R 13,100 FATIMI R 13,100 FATIMI R 13,100
HARAAM WEALTH
Haraam and mushtabah (doubtful) food darkens the hearts and spawns evil emotions and thoughts. A Buzrug said that once a wealthy man presented some food to him. Immediately after eating some of the food, he experienced intense zulmat (spiritual darkness) in his heart, and he was constantly plagued with the evil thought and the desire of committing zina. He cried profusely. This condition dissipated only after a month.
(Arabic passage, page 12 of the original PDF)
(Arabic passage, page 12 of the original PDF)
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 25 No 07
- PDF page
- 12
Verbatim verified against the source PDF
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