Returning a Member’s Money upon His Withdrawal: Waqf or Not

Question

Khalid, Walid, ‘Umar and others, by mutual agreement, founded an association for their personal benefit, and for its continuance and existence they laid down suitable rules by mutual consultation. Among the rules adopted is this one: no member may leave in the middle of the year without a reasonable excuse, and if he nevertheless insists on leaving, the sum he has deposited will not be returned to him; but if he has a reasonable excuse he may leave — then his account is settled and he is released together with the…

Answer

If the owner, at the outset, gave this sum after removing it from his ownership, he is now not entitled to take it back; but if it was held as a trust (amana), then returning this sum is necessary. Its waqf is impermissible in any case. Firstly, because a sum of money in itself is not fit for waqf, since waqf is in principle (asalatan)

Source: Fatawa Mahmudiyya

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