Erecting tennis courts on Madrasah premises and hiring them out

Question:-

Can a Madrasah rent out tennis courts for matches and use the income for expenses of the institute?

Answer:-

A Madrasah is generally donated (made Waqf) to the Muslim community primarily to have Muslim children educated in Deeni matters hence, the Madrasah property should be used solely for this purpose. It is recorded in the Kitaabs of Fiqh that, the conditions laid down by the donors are like the words of one who stipulates the laws of Shariah hence, it is not permissible to contradict what they (the donors) have stipulated.

شَرْطُ الْوَاقِفِ كَنَصِّ الشَّارِعِ لَيْسَ عَلَى عُمُومِهِ قَالَ الْعَلَّامَةُ قَاسِمٌ فِي فَتَاوَاهُ أَجْمَعَتْ الْأُمَّةُ أَنَّ مِنْ شُرُوطِ الْوَاقِفِينَ مَا هُوَ صَحِيحٌ مُعْتَبَرٌ يُعْمَلُ بِهِ وَمِنْهَا مَا لَيْسَ كَذَلِكَ (البحر الرائق ص265 ج5)

It is incorrect to use the Madrasah premises to promote Kuffar sports such as tennis, cricket, soccer, etc. These sports have been invented by the enemies of Islam to distract the Ummah from their actual objective of life (which is to worship Allah), and to get them involved in useless activities which yield no benefit whatsoever in this world, and in the hereafter. Yes, if one really desires to keep fit, then he should engage in any of the sports prescribed in the Hadith Sharif such as swimming, horse-riding, archery, etc.

Also, majority of the Madrasahs in our country are located next to the Masajid. It is highly possible that the Adhaan will be called out and the game will continue, with hardly anyone responding to the Adhaan. Further, it is also possible that Salaah will be omitted by many if the game is still in progress, whereas severe warnings have been mentioned in the Hadith Sharif for one that omits Salaah intentionally.

Many of the players and spectators (which will consist of both and females) will be visiting the Madrasah premises dressed immodestly, perhaps with many of them exposing their Satr, which is impermissible. In fact, females should remain within the confines of their homes and only emerge due to necessity. Vulgarity and fighting are inevitable in these games, which is yet another sin.

In conclusion, the object of the Madrasah is to promote the pure Deen of Allah and His Rasul Salallahu Alaihi Wasallam, and it is for this reason that the donors have put up the Madrasah. Hence, it is not permissible to use the Madrasah premises to promote activities that are against Shariah such as, putting up tennis courts and hiring them out.

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 13 Dhul Qa’dah 1444 / 03 June 2023