Surplus income of a mosque waqf for the waqif’s descendants?
Question
The late Muajalu ‘Asili, an adherent of the Shafi‘i school, a councillor of Mombasa, a resident of Mombasa (the State of Kenya, Africa), was a well-to-do, propertied, religious Muslim; his property lay in the city and outside it. In the 19th century CE he built a mosque in the city of Mombasa, known as the “Kuyjalu” mosque. During his life he verbally expressed the wish that some land from his property should be made a waqf for the said mosque.
Answer
It is not correct to spend the income of property that has been made a waqf for a mosque on the waqif’s family instead of the mosque. If the amount of income is in surplus, other property should be bought with it and added to the waqf. Then there will also be room to spend the surplus income on other mosques in need.
Source: Fatawa Mahmudiyya
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