Category: Beliefs and Practices (Aqeedah)
Fatwa#: 39883
Asked Country: United States

Answered Date: Nov 30,-0001

Title: Spending donations in avenues other than the avenue intended by the donor

Question

Assalaamu Alaikum Wa Rahmatullahi Wa Barakatuh,

Dear Respected Scholar,

We are humbly writing to ask your scholarly opinion regarding the use of funds in a multi-faceted organization. The Atlanta Mosque is a parent organization over six sub-organizations. Each sub-organization obtains funds from the community for their specific purposes. We would like to know the Islamic opinion regarding the use and transfer of such funds.

Al-Farooq Masjid receives donations for its operations. Can any of these funds that are specifically donated to Al-Farooq Masjid be used by any of the other sub-organizations under the parent organization?

Al-Farooq Masjid also receives donations in the form of Zakat and Sadaqah which the Masjid distributes among the local needy Muslims. Can any of the remaining funds from Zakat and Sadaqah be used by Dar Un Noor (K-12) private school and Darul Uloom Hifz Boarding School for those of their students who are Zakat eligible and are unable to afford the tuition.

Masjid Omar Bin Abdul Aziz is located within a populated Muslim community in Lilburn, GA. It is a community Masjid, Hifz school, Islamic School, and Maktab. Masjid Omar receives donations for operation and in the form of student tuition payments. Can any of these funds that are specifically donated to Masjid Omar be used by any of the other sub-organizations under the parent organization?

Masjid Omar Bin Abdul Aziz also receives donations in the form of Zakat and Sadaqah which Masjid Omar distributes among the local needy Muslims. Can any of the remaining funds from Zakat and Sadaqah be used by Masjid Omar for those of it’s students who are Zakat eligible and are unable to afford the tuition.

Dar Un Noor (K-12) private school receives student tuition payments and Zakat funds for students who are unable to afford the tuition. Can any of the funds, that are specifically donated to the Dar Un Noor (K-12) school, be used by any of the other sub-organizations under the parent organization?

Darul Uloom Hifz Boarding School receives student tuition payments and Zakat funds for students who are unable to afford the tuition. Can any of the funds, that are specifically donated to the Darul Uloom Hifz Boarding School, be used by any of the other sub-organizations under the parent organization?

The Muslim Cemetery receives payments for burials and donations for those who are unable to afford the cost of burial. Can any of these funds that are specifically donated for burial be used by any of the other sub-organizations under the parent organization?

The Community Center/Gymnasium is currently in the structural phase of construction. Donations to this sub-organization are used for the construction of this project/building. Can any of these funds that are specifically donated to the Community Center be used by any of the other sub-organizations under the parent organization?

Note: If possible, we would like to request you to email us the answer of the above questiuons on the officeial letterhead of Hazrat Mufti Ibrahim Desai with his signature and Darul Ifta seal at the bottom.

Thank you so much. May Allah reward you immensely!

Mufti Afsar Ali

Imam, Masjid Omar Bin Abdul Aziz                                                                                                                           

On Behalf of “The Atlanta Mosque” Board of Trustees 

Answer

In the Name of Allaah, the Most Gracious, the Most Merciful.

As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

Muhtaram Mufti Afsar Ali (Hafizakumullaah),

May Allaah Ta’aala accept all your khidmaat and take you from strength to strength. Aameen.

You refer to the following six venues that are sub-organizations of The Atlanta Mosque:

  1. Al-Farooq Masjid
  2. Masjid Omar Bin Abdul Aziz
  3. Dar Un Noor (K-12) Private School
  4. Darul Uloom Hifz Boarding School
  5. The Muslim Cemetery
  6. The Community Center/Gymnasium

The distribution of the donations is governed by the laws of wakaalah (representation). The mutawallees (representatives) act on behalf of and according to the instructions of the muwakkil (donor). Accordingly, the donations of an organization are an amaanah by the representatives of an organization.

If the donors specify the avenue of dispensing their donations, the representatives are bound to dispense the donations only in that avenue[1]. If the donors did not specify the avenue for dispensing their donations and left it to the discretion of the representatives of the organization, then the donations do not have to be confined to that organization. The representatives may transfer the funds and dispense the donations according to their discretion.

Accordingly,

  • the donations received specifically for Al-Farooq Masjid can only be used for Al-Farooq Masjid;
  • the zakaah received by Al-Farooq Masjid is general and may be discharged to any legitimate recipient of zakaah. Accordingly, the zakaah funds may be transferred to Dar Un Noor and Darul Uloom Hifz Boarding School and used for legitimate recipients of zakaah.
  • The donations received specifically for Masjid Omar Bin Abdul Aziz can only be used for Masjid Omar Bin Abdul Aziz;
  • the zakaah received by Masjid Omar Bin Abdul Aziz may be discharged to any legitimate recipient of zakaah.
  • The funds received specifically for Dar Un Noor (K-12) may only be used for its students;
  • the funds received specifically for Darul Uloom Hifz Boarding School may only be used for its students;
  • the donations received specifically for the Muslim Cemetery may only be used for the Muslim Cemetery;
  • and the donations received specifically for the Community Center/Gymnasium may be used for only for the Community Center/Gymnasium.

If an organization has surplus funds and the funds are meant only for that organization, the organization may put a condition to the donors to grant it complete discretion to use its funds for the organization and for its sub-organizations at its discretion. In this way, the surplus funds will be used effectively.

 

And Allaah Ta’aala Knows Best

Muajul I. Chowdhury

 

Student, Darul Iftaa

Astoria, New York, USA

 

Checked and Approved by,
Mufti Ebrahim Desai.

 



[1]  الفتاوى الهندية (2/ 362) 

لو وقف دراهم أو مكيلا أو ثيابا لم يجز وقيل في موضع تعارفوا ذلك يفتى بالجواز

 

الفتاوى البزازية (6/ 261)

أما إذا اختلف الواقف أو اتحد الواقف واختلفت الجهة بأن بنى مدرسة ومسجدا وعين لكل وقفا وفضل من غلة أحدهما لا يبدل شرط الواقف

 

البحر الرائق شرح كنز الدقائق (14/ 372) 

أما إذا اختلف الواقف أو اتحد الواقف واختلفت الجهة بأن بنى مدرسة ومسجدا وعين لكل وقفا وفضل من غلة أحدهما لا يبدل شرط الواقف . وكذا إذا اختلف الواقف لا الجهة يتبع شرط الواقف وقد علم بهذا التقرير إعمال الغلتين إحياء للوقف ورعاية لشرط الواقف هذا هو الحاصل من الفتاوى .ا هـ . وقد علم منه أنه لا يجوز لمتولي الشيخونية بالقاهرة صرف أحد الوقفين للآخر

 

حاشية ابن عابدين (رد المحتار) (2/ 269) 

وهنا الوكيل إنما يستفيد التصرف من الموكل وقد أمره بالدفع إلى فلان فلا يملك الدفع إلى غيره كما لو أوصى لزيد بكذا ليس للوصي الدفع إلى غيره فتأمل

 

فتاوى محمودية (15/ 153) (15/ 160)

سوال 7323، سوال 7328

 

امداد الفتاوى (2/ 562) 

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