Endowments to Those Who Have Not Yet Come of Age and Including the Endowment in the Third of its Donor

Social Dealings

Endowments to Those Who Have Not Yet Come of Age and Including the Endowment in the Third of its Donor

Question:

My father died - may Allah have mercy on him – and I found among his papers a will which specifies that he bequeathed a sum to one of his daughters, but she had died no older than thirteen. Is an endowment to one who has not come of age correct? And if it is correct, is it permissible to prefer her over her brothers who were present at the time of the endowment? And if you confirm the correctness of the endowment, is it included in the third of my father, or is it made separate?

Answer:

Having examined the will, it was found that the bequest mentioned by the person requesting a ruling from his father to his daughter is correct. And having studied the question and the will, the Committee has found nothing that would necessitate its invalidation, and this sum should be separate, not included in the third of her father, as mentioned by the questioner. Allah is the Granter of success. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.

Permanent Committee for Research and Verdicts
Fatawa Islamiyah, volume 5 / page 44-45

HE DONATED LAND FOR A MASJID, THEN HE WANTED TO TAKE IT BACK

Question:

A man promised to grant a piece of land for a school to be built on it, except that this was conditional upon his being allowed to go back on a previous promise to donate it for the building of an 'Eid mosque on it. Should he choose to give it for the building of an 'Eid mosque, in fulfilment of the first promise, or give it to the Ministry of Education, for the building of a school on it, bearing in mind that there is already a mosque for the performance of 'Eid prayers in the area?
Answer:

If the man did indeed give the piece of land for the construction of an 'Eid mosque on it, then it belongs to the 'Eid mosque and he may not take back his gift. But if he only promised a piece of land for building a mosque, then he may choose whether or not to fulfil his promise. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.

Permanent Committee for Research and Verdicts
Fatawa Islamiyah, volume 5 / page 44

THE SANCTITY OF THE DEAD MUSLIM IS THE SAME AS THAT OF THE LIVING

Question:

If a man wanted to build a house, extend one, or erect any other building in a stretch of land on his farm, but while building, he found one, two, three, four or more graves - what should he do?

Answer:

Originally, they were buried in land which was uncultivated, of which they became possessors when they were buried therein, so it is not permissible to interfere with them, neither by excavating them, nor by making a path or road, nor abusing them. They must be surrounded by a wall and it must not be allowed for anyone to mistreat or abuse them, and they must be protected for the sake of the dignity of their inhabitants.

This is because the sanctity of the deceased Muslim is the same as his sanctity while he was alive. And may peace be upon our Prophet, Muhammad and upon his family and Companions.

Permanent Committee for Research and Verdicts
Fatawa Islamiyah, volume 5 / page 42-43

RETRACTING ENDOWMENTS

Question:

A man donated a very large piece of land when he was in good health in order that it be made into a graveyard. No one has been buried in it as yet. The person who donated the land has been retired since the year 1386 A.H. and he has no land other than this, except a house for him and his family. Is it permissible for him to go back on it, or a part of it, or not?

Answer:

It is not permissible to go back on (the promise of) land which he donated, nor a part of it, because it ceased to be the property of the donor once it was given as an endowment, it may only be utilized for the purpose for which it was given. So if it was needed for the purpose of burials in that area (then it must be used so), and if not, it must be sold and its price used to buy a graveyard in another area.

It should not be disposed of without a Judge knowing about the area in which the piece of land endowed lies. And the weakening of your (financial) situation following retirement does not allow you to take back an endowment; and Allah, Most Glorified, Most High will reward you and recompense you with goodness for what you have spent. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.

Permanent Committee for Research and Verdicts
Fatawa Islamiyah, volume 5 / page 43-44

TAKING SOMETHING FROM A GRAVEYARD FOR THE BENEFIT OF A MAIN ROAD

Question:

There is a road that the city of Jubail is planning to widen, and it is opposed by a section of a graveyard. Is it permissible to take anything from the graveyard for the benefit of the road or not?

Answer:

It is well known that the dead have inviolable rights - just as the living do - and that the graves of the dead are their abodes, that it is the responsibility of those in authority to take care of the graveyards by repairing and protecting them from deterioration and interfering with them in ways which conflict with the obligation to observe the sanctity of its inhabitants.

Cutting off any of these ways conflicts with the obligation to observe their sanctity and protect them. Therefore, it is not permissible to take anything from it, except due to some legal justification.

What has been mentioned regarding the plan of the Municipality of this city to straighten the road, necessitating that they take something from the graveyard is not considered a legal justification for this due to (the following reasons):

1) The defilement of the sanctity of the dead and the violation of their abodes.

2) That the aforementioned city does not suffer from congestion of cars and traffic to an extent that would make this an urgent requirement.

3) That the widening of the proposed road according to what has been specified in the plan will expand the width of the road to thirty and a half meters, and it is possible to decrease this width to the extent that the requirement can be fulfilled without violating the dignity of the occupants of the graveyard.

Accordingly, the Committee has determined that it is not permissible to take anything from the graveyard for the purpose of straightening the road where it passes by its south side, because of the (aforementioned) reasons against it. And Allah is the Granter of success. And may peace and blessings be upon our Prophet, Muhammad and upon his family and his Companions.

Permanent Committee for Research and Verdicts
Fatawa Islamiyah, volume 5 / page 41-42

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Ang lahat po ng larawan na naitala o makikita dito ay kabahagi lamang ng mga ibat ibang programa o activities ng aming Islamic Dawah Center.

Social Dealings

Endowments to Those Who Have Not Yet Come of Age and Including the Endowment in the Third of its Donor

HE DONATED LAND FOR A MASJID, THEN HE WANTED TO TAKE IT BACK

THE SANCTITY OF THE DEAD MUSLIM IS THE SAME AS THAT OF THE LIVING

RETRACTING ENDOWMENTS

TAKING SOMETHING FROM A GRAVEYARD FOR THE BENEFIT OF A MAIN ROAD

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