Usage Of Waqf Land For Multiple Purposes

Question

Are we allowed to build a sporting facility where soccer and other sports will be played on the waqf land?

We also intend building a facility where a feeding scheme will be facilitated for both muslims and non Muslims, would this be allowed?

Answer

It depends on what the land was given Waqf for, if the land was given solely for the building of a Masjid and Madressa, then it will not be permissible to build a sporting facility, and a facility where a feeding scheme will be facilitated.

If, however, the Waqif (the person/or people who gave the land as Waqf) gives permission for these facilities to be built on the land, then building a facility where a feeding scheme will be initiated will be permissible, because it is for a good cause i.e. Sadaqah (charity), and we are encouraged in Shariah to give Sadaqah (charity), and Sadaqah (charity) may be given to both Muslims and non-Muslims.

With regards to the building of a sports facility for soccer, and other sports, it should be borne in mind that such facilities in which such sports are played generally cause people to become unmindful of Allah Ta’aala, and the commands of Allah Ta’aala, at times an important command like Salaah with Jamaat is neglected, and at times Salaah itself is neglected, and these modern-day sports generally have no Deeni benefit. Allah Ta’aala says in the Qur’an regarding the believers:

و الذين هم عن اللغو معرضون

They are those that abstain from futility.

Nabi Sallallahu Alayhi Wa Sallam is reported to have said in a Hadith:

من حسن االسالم املرء تركه ما ال يعنيه

From the beauty of a man’s Islam is that he leaves out that which has no benefit.

It is mentioned in the famous Hanafi book on Fiqh, Raddul Muhtaar (Shaami):

Every type of amusement is Makrooh (meaning every type of play and pastime) because of the Hadith of Rasulullah Sallallahu Alayhi Wa Sallam every amusement of a Muslim is impermissible, except three things, playing with one’s wife, training his horse, and competing in archery.  

Furthermore, our great Ulema of this day and age have shown their disapproval towards modern day sports especially if they are played with the wrong intention, from amongst them are Mufti Mahmood Gangohi, Mufti Yusuf Ludhyanwi, Mufti Abdul Raheem Lachpori, Mufti Ahmed Khanpuri, Mufti Rashid Ahmed, and Mufti Shafi Rahimahumullah.

We find that in today’s time amongst our youngsters many wrongs take place while they engage in sport, for example, emulation of Kuffaar, youngsters desire to be like different football stars, and therefore dress, and imitate them in every way, whereas Rasulullah Sallallahu Alayhi Wa Sallam has said, whoever emulates a nation he is from amongst them. At times we find that those playing even dress in a way where their Satr is exposed. In such facilities from what we have seen ourselves no matter how many rule boards are put up, and boards with advice that proper attire etc. should be donned, these are hardly ever adhered to, and emulation of Kuffaar, in dressing etc. takes place to a great degree. Due to winning and losing being the main objective in such sports, fighting and swearing at each other are a norm, whereas Nabi Sallallahu Alayhi Wa Sallam has stated in a Hadith:

سباب املسلم فسوق و قتاله كفر

Swearing a Muslim is sinful, and fighting with him is tantamount to Kufr.

Moulana Muhammed Yusuf Ludhyanwi Rahimahullah says in Aap ke Masaail aur unka Hal: Our youngsters that are interested in sports, have made it such a beloved pastime, that in front of this, they do not think about their Fardh Deeni responsibilities, neither do they pay attention to their (Deeni) studies, and neither do they pay attention to their daily and household responsibilities…… such love has been created for sports amongst our youngsters, it is as if they were only created for these sports, besides this they have no other purpose in life, how can such sports ever be considered as permissible.

By building this facility one will be aiding in these impermissible acts, and according to our Fuqahaa that which leads to something which is impermissible, is also impermissible.

Therefore it would be a great injustice to build such a facility on a land that was given for such a great purpose, like building a Masjid, Madressa etc. so in the light of this we strongly advise against the building of such a facility on a land given for such a noble purpose, one could alternatively use the place for something more useful, which will benefit the Muslim community and the Ummah at large, for example a small clinic for the benefit of poor Muslim patients, a Yateem Khana where orphan Muslim children can be housed and looked after, a house for the Muazzin, who in today’s day and age is not respected and treated according to the status accorded to them by Rasulullah Sallallahu Alayhi Wa Sallam, a Ghusl Khana wherein Mayyits may be given Ghusl, a book shop wherein Islamic books will be sold, or an Islamic Library, or if there is no Eid Gaah in the area it may be used for an Eid Gaah etc.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

(يجب) وظاهر الآية أنه فرض نهر ج ٦ ٥ شرط الواقف كنص الشارع (رد المحتار ٤\٤٣٣) (البحر الرائق ٥\٢٤٥) (النهر الفائق ٣\٣٢٦) 

سورة مؤمنون آية ٣ 

ترمذي شريف ٢\٥٨ قديمى كتب خانه

رد المحتار شامي ٦\٣٩٥ 

و ما ادي الي الحرام فهو حرام
(بدائع الصنائع ١\٢٧٥)  

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