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Practical Laws of Islam

    • Rules of Taqlīd
    • Rules on Purity
    • Prayer
    • Fasting
    • Khums
    • Jihad
    • Enjoining the Good and Forbidding Evil
    • Ḥarām Gains
    • Chess and Gambling Instruments
    • Music and Ghinā’
    • Dancing
    • Clapping
    • Non-maḥrams’ Pictures and Films
    • Satellite Television Equipment
    • Theatre and Cinema
    • Painting and Sculpture
    • Magic, Conjuring, and Evocation of Spirits and Jinn
    • Hypnosis
    • Lottery
    • Bribery
    • Medical Issues
    • Teaching, Learning and Their Proprieties
    • Copyrights
    • Dealing with non-Muslims
    • Working for Oppressive States
    • Clothing
    • Treating the West
    • Smoking and Narcotics
    • Shaving the Beard
    • Attending Gatherings of Debauchery
    • Writing Supplications and Istikhārah
    • Religious Events
    • Hoarding and Extravagance
    • Buying and Selling
    • Miscellaneous Issues in Business
    • Rules Concerning Ribā
    • Right of Pre-emption
    • Hiring, Renting, and Lease
    • Surety
    • Pawning and Mortgaging
    • Partnership
    • Presents and Gifts
    • Debt and Loan
    • Ṣulḥ
    • Power of Attorney
    • Mustaḥabb Alms
    • Deposits and Loaned Properties
    • Leaving a Will
    • Usurpation
    • Placement under Guardianship and Signs of Maturity
    • Silent Partnership
    • Banking
    • State Property
    • Endowments
      • Endowment Conditions
      • Conditions Concerning the Trustees of Endowments
      • Conditions Concerning Endowed Properties
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        Conditions Concerning Endowed Properties
         
        Q2004. A group of people raised a sum of money with a view to buying some property and using it as a ḥusayniyyah. Should their work in raising the money entitle them to set up the endowment under the title of ḥusayniyyah or do they have to take a power of attorney from the donors?
        A: If they were acting as agents for the donors in preparing the property to be used as a ḥusayniyyah after they had bought it, setting up the endowment deed in their capacity as agents of the donors would be valid.

         

        Q2005. Can natural forests and public grazing lands — that no one did anything to bring them into existence — be designated as endowment trusts, especially when they are enshrined in Article 45 of the Constitution of Islamic Republic as anfāl?
        A: For the endowment to be valid, the property has to be lawfully owned by the would-be donor. Since natural forests and public grazing lands, that constitute anfāl and public property, i.e. not private property, no one has jurisdiction over designating them as endowments.
         
        Q2006. A person bought a share of arable land and registered it in the name of his son. Is it permissible for him to set the land aside for charitable purposes?
        A: Registering the property in the name of someone is not a criterion for shar‘ī ownership of the person in whose name the property was registered. Should the father, having bought the land and registered it in the name of his son, have granted the land to his son whereby the latter actually took possession of it, he has no right to set it aside as endowment because he is no longer the owner of the land. Yet, if he had transferred the title deed to the name of his son and remained the de facto owner of the land, he would still be its shar‘ī owner. He should, therefore, have the right to assign it as an endowment.
         
        Q2007. If the officials of the Oil Company and Civil Land Organization allocate some lands under their control for building masjids/seminaries and recite the endowment deed and deliver the lands for the same purpose, Are the lands considered as endowed properties to which endowment rules are applied?
        A: If the lands are among public property of the government and are allotted to certain usage, one cannot endow them. However, if they are dead lands without any owner but under the control of the Oil Company or Civil Land Organization, there is no problem in changing them into usable lands by building majids/seminaries or the like with the permission of the authorities.
         
        Q2008. Is it permissible for the Municipality to endow its land for public establishments?
        A: This is subject to the remit of the authority of the municipality and the nature of the property. Should it be among the properties which can be endowed by shar‘ for public establishments, such as dispensary, hospital, masjid, etc., there is no objection to that. However, the municipality should have no jurisdiction over the lands earmarked for its sole purposes.
      • Conditions Concerning the Beneficiary of Endowment
      • Endowment Terminology
      • Rules of Endowment
      • Ḥabs
      • Sale of Endowment and Changing its Use
    • Rules Concerning Graveyards
    • Glossary
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