Opposing an Arabic Madrasa and Breach of Trust

Question

Respected Mufti! The Muslims of our Ponda have a community body (jama‘at) which manages the mosque and oversees the religious needs of the community. For the past thirty years this body had been working under the supervision of Qadi Muhammad Mustafa. Since he is a mawlana, he was fully trusted, and he held his post without dispute. He never once called a meeting of the community, nor did he ever submit accounts. At times he consulted some people on important administrative matters.

Answer

Managing the waqf and keeping its accounts is necessary. An honest and capable administrator may be, and may remain, the mutawalli (trustee) of a waqf. A mutawalli against whom breach of trust (khiyana) is proven deserves to be removed from the office of trusteeship (tawliya). A madrasa for religious education is extremely necessary; opposing it is by no means permissible.

Source: Fatawa Mahmudiyya

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