Question
Is it permissible for a Mutawalli of a Waqf institution to allow a piece of the Waqf land for private use without charging rental? And, if he had done so and the occupier did not pay rent for several years, what should be done? The Mutawalli's son is also occupying a shop premises in the Waqf building and paying a nominal rental. Is this proper?
Answer
It is not permissible for the mutawalli to allow any part of the Waqf land for private use without stipulating a rental. The rental should be fair, and not just nominal. Whatever the market rental for such a plot of land is in that area, should be stipulated. If rent was not paid for the past years, the tenant should pay it now. It is khiyaanat (gross abuse of Amaanat) for the Mutawalli to charge his son a nominal rental. The rent must be market-related. This Waqf property will constitute a major calamity for the Mutawalli on the Day of Qiyaamah.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 21 No 08
- PDF page
- 2
Appears under Questions and Answers (approximate).