What is meant by "the needy" and what is the criterion for determining them in the aforementioned endowment, and is it permissible for the supervisor to distribute the endowment's proceeds equally among the beneficiaries, including the objector, to prevent problems, while informing him of the endower's will and leaving the matter to his conscience?
The fundamental principle regarding an endowment (waqf) is to observe the condition stipulated by the endower. If the endower specified the method of disbursing the endowment, then this method must be adopted. Or, if the endowment had a particular customary practice in his time, his wording should be interpreted in light of that custom. "Need" (al-ḥājah) is a state of lacking that which alleviates distress and hardship, not that which introduces great corruption. It is not permissible for the supervisor of an endowment (nāẓir) to deny a deserving recipient or to give to an undeserving one. Nor does the supervisor's fear of a change in supervision justify overriding the endower's conditions, unless there is a clear benefit in doing so. The beneficiaries of an endowment do not possess the authority to dismiss the supervisor; rather, this is within the prerogatives of the judge. Accordingly, it is not permissible to give the objecting party a full year's share without the condition of entitlement being met.
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- Original fatwa ID
- 123837
- Imported
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- Source text, unreviewed
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