Impermissibility to change bequest unless it violates Sharee‘ah
2-2-2014 | IslamWeb
Question:
A man, in his will, stated a bequest of one third of his estate to build a mosque. Those who deliver Khutbah (sermons) in our country may belong to some schools of thought or destructive parties. Is it permissible to spend the specified third in other channels of good deeds?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
The bequest must be fulfilled according to the will of the deceased as long as there is no violation of Sharee‘ah rulings. Many scholars say that the statement of the endowing person is of the same weight as Sharee‘ah text as long as it does not contradict Sharee‘ah. The statement of the bequest has the same weight; so it is impermissible to change it, as long as there is no Sharee‘ah contradiction. Allaah Almighty Says (what means): {Then whoever alters the bequest after he has heard it – the sin is only upon those who have altered it. Indeed, Allaah Is Hearing and Knowing.} [Quran 2:181]
Accordingly, you should extract the third of that person’s estate and earmark it for building a mosque according to his bequest. The fact that Imaams in your country follow a school of thought or destructive parties does not prevent the fulfillment of the bequest. You may appoint an Imaam who does not follow this stream.
It is not necessary that all of those who follow those thoughts have false creeds. Perhaps some of them are considered so because of their relation with the formal authorities, believing that they adopt the same thought while they do not.
Many of the Imaams and deliverers of Khutbah in the Islamic world have relations with the rulers and those in power, who are mostly secularists or corrupted people.
This does not necessarily mean that the Imaams and deliverers of Khutbah are like them, having the same creeds. Rather, perhaps the conditions compelled these Imaams to deal with such people.
Also, this mosque would be a continuous charity that should not be stopped due to Imaams or deliverers of Khutbah, who are temporal and will depart in the near or far future.
Allaah Knows best.