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'Charitable trust' is a reasonably satisfactory translation. Perishable goods and money (prohibition of interest) cannot be made a trust. A trust cannot be used for a purpose unpleasing to God. For instance, a man cannot so treat his property to escape payment of his debts and a Christian cannot make a trust for a mosque or a church, for the former is contrary to his own religion and the second contrary to Islam. Practically, trusts fall into two classes, public and private. The public are for true charitable purposes, the maintenance of worship, including the upkeep of the fabric of mosques and payment of ministers of religion, and charities including works of public utility such as hospitals, schools, water supply and anything of a like nature. According to Hanafi law, a private mosque built by a rich man for his own worship cannot be the object of a trust because it is not a public utility. Private trusts are those intended to preserve family property from the greed of authority or to evade the law of inheritance as laid down in the Holy Quran which would split up the estate. The beneficiaries are the founder's descendants and collaterals. According to Hanafi law, the maintenance of the founder for his life and the payment of his debts may be the first charges on the trust. A trust has to have a manager. The founder may appoint himself or another to this post. Hanafi law says that he may retain the usufruct for his life but he cannot impede even the use and enjoyment beyond the term of his own life. Trusts dealt mostly with real property. Initially it was restricted to houses only but later agricultural land was also allowed. As this land was let on a short lease, usually for one year, the trusts were a danger to the community especially when they became extensive. In the later Middle Ages a Government department controlled the public trusts while the private were under the supervision of the chief judge who could remove a manager if he failed in his duty. Books given to a mosque or library were often made a trust. Trusts existed in many lands for the benefit of the holy cities, Mecca and Medina. (Last Updated on : 03-09-2010) |
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