Deciding in matters of a charitable trust with consultation

Question:-

If there are two daughters and an independent male appointed as Trustees to their late father’s charitable trust, are the daughters allowed to ask for a say as to where the Lillah will be spent etc.? Also, are the rest of the shareholders/heirs allowed to request transparency, or does the independent male trustee have complete authority to operate as he sees fit?

Answer:-

In the queried scenario, we understand that the deceased left behind properties in a trust for charity. We assume that these properties were made Waqf (donated) in his lifetime for charitable purposes, hence, they are registered in a trust. He appointed three trustees on the trust deed to attend to the needs of the trust, and to make decisions in matters related to the trust. In this instance, all the trustees will be required to jointly decide which organizations or institute will be selected as the beneficiaries of the Lillah funds. The male trustee cannot act independently, and he will be required to consult with the remaining trustees in reaching a decision in all matters. There should be transparency pertaining to the Waqf income, donations, expenses, etc. and it should be disclosed to the heirs so that they may be at ease that their father’s funds are being channelled in the correct avenue.

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Maulana Abdul Kader Fazlani

Date: 14 Ramadaan 1444 / 06 April 2023

CHECKED AND APPROVED BY:

Mufti Mohammed Desai