Impermissibility of dedicating Waqf with the aim of excluding the heirs
Q: A person has a wife, mother, sister, and a cousin who does not ask after, help, or contact him. He owns a house and wants to set it up as Waqf (endowment) to his mother, his wife, and sister. After their death, the house will go to a charitable organization or a Masjid (mosque). He wants to deprive his cousin of his right in inheritance.
Is this permissible?
It was narrated by Al-Bukhari and Muslim in their Two Sahih (authentic) Books of Hadith
on the authority of
`Umar ibn Al-Khattab (may Allah be pleased with him) that the Prophet said,
Actions are but by intention, and every person shall have that which he/she intended.
The questioner explicitly stated that he intends to deprive his cousin of his right of inheritance (in the future) and therefore his act is not permissible. Truly his cousin will not inherit now because all the estate will devolve on close family members, but the cousin might have the right to inherit the questioner in the future. (Part No. 16; Page No. 125) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.