Impermissibility of dedicating Waqf to some children to the exclusion of others


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Q: The questioner endowed a house to his two sons to the exclusion of his daughters. Now that the sons have grown up and are independent, the father wants to endow this house to his daughters until they get married; with the intention to later endow it to his younger children and so on. He wants to know if this kind of Waqf (endowment) is permissible or not.


A: This Waqf is impermissible because it is unfair that your sons, `Abdul-Rahman and Ahmad, are privileged while the daughters were excluded. The same applies if you change it to benefit your daughters until they are married then bequeath it to your young children afterwards. Doing so would deprive your sons `Abdul-Rahman and Ahmad of their right, as well as your married daughters. If you wish to establish a Waqf, the Committee recommends that you endow it to any charitable cause or to whomever is most in need amongst your children and their successors, males and females, without causing harm to any of the heirs. (Part No. 16; Page No. 124) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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