Is it correct for a married daughter to be deprived of her annual share of the endowment (waqf) distributed among family members, with her father taking her share until his death?
The default rule for Waqf (endowment) is that it must adhere to the conditions set by the endower (Waqif) or the supervisor (Nazir) of the endowment. If the endower specifically designated the endowment for unmarried daughters, or if the supervisor deemed this to be in the best interest, then this condition must be followed.
However, if the endower did not specify this, then a married daughter has her share, and her father has no right to it unless she willingly gives it to him, provided she is an adult of sound mind. Alternatively, if the father is in need, he may spend from it according to his need, without harming his daughter, while taking into consideration her affluent brothers.
In the event of the father's need, his maintenance falls upon his affluent children, both male and female. In this case, he has the right to take from the daughter's share what is necessary for his maintenance.
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- Original fatwa ID
- 79484
- Imported
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