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21 Jamadi al-Thani 1443  ,  24 January 2022

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Fatawaa


Subject : Manner of Distributing Waqf Revenues to Beneficiaries

Fatwa Number : 3671

Date : 02-01-2022

Classified : "Waqf "Property Endowed for Charitable Causes

Fatwa Type : Search Fatawaa


Question :

How should the revenues of Waqf be distributed to beneficiaries if the Waqf donor haven`t mentioned a certain manner of distribution? Does the male get twice the share of the female? Or they get equal shares irrespective of gender? 



The Answer :

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

Waqf (Arabic for Endowment) is a continuous charity where its revenues are distributed amongst the specified beneficiaries. Islami Law has given the donor the freedom to determine the beneficiaries of the Waqf as well as the manner of distributing the revenues among them the way he/she sees fit. Moreover, the condition made by the donor is considerable and obligatory since he/she has the final say in this regard and there is a jurisprudential maxim, which states: "The condition of the donor is binding."

However, if the donor haven`t specified how the revenues should be distributed to beneficiaries nor the share of each, then they are divided equally irrespective of the gender of the recipients. An-Nawawi said: "I have created a Waqf for the benefit of my children and their children, so this dictates giving equal shares irrespective of gender." {Menhajj At-Talibin, P.169}. In his commentary on this statement, Imam Qaliobi pointed out, "Equality, here, means not excluding any of them and giving them equal shares irrespective of their gender." 

In conclusion, the revenues of the Waqf must be equally divided among the beneficiaries if the donor haven`t specified a certain manner of distribution. And Allah the Almighty knows best.






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