Can I benefit from the Waqf?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
It is permissible for the Waqif to designate himself as the Waqf beneficiary the Waqf in the Waqf constitution. The family of the Prophet (peace be upon him) were designated as beneficiaries from the Waqf of the Prophet. The companion Umar ibn al-Khattab permitted the manager of the Waqf to benefit from the Waqf proceeds. The Hanafi jurist Imam Abu Yusuf states that Waqf involves the transfer of ownership from oneself to that of Allah, therefore it is perfectly permissible to benefit from the ownership of Allah if one had stipulated that in the Waqf constitution. The Hanbali scholars state that if a person made a property into a masjid, or built a bridge or graveyard as Waqf property, he would be permitted to use these facilities. Therefore, it is permitted for a person to benefit from his own Waqf issuances if it is stipulated as such in the constitution. (al-Mawsu’ah al-Fiqhiyyah al-Kuwaitiyyah)
And Allah Alone Knows Best
Mufti Faraz Adam,
I Waqf Shariah Advisor