Question:
Do wealthy people have a right and are eligible to receive wakaf?
Answer:
Alhamdulillah, praise and thanks to Allah for the many countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Islam is a religion that encourages its followers to work hard and improve their economic standard. Allah SWT state:
فَإِذَا قُضِيَتِ الصَّلَاةُ فَانتَشِرُوا فِي الْأَرْضِ وَابْتَغُوا مِن فَضْلِ اللَّـهِ وَاذْكُرُوا اللَّـههَ كَثِيرًا لَّعَلَّكُمْ تُفْلِحُونَ
“And when the prayer has been concluded, disperse within the land and seek from the bounty of Allah, and remember Allah often that you may succeed.”
Surah al-Jumuah (10)
Imam al-Baghawi commented on the above verse saying that we are commanded to spread out on this earth in our pursuit of Allah SWT’s sustenance in the form of trade or solving our worldly matters. (Refer Tafsir al-Baghawi, 8/123). Imam al-Qurtubi said, every form of sustenance is from Allah SWT. (Refer Tafsir al-Qurtubi, 18/108)
Imam Hassan al-Banna state that the first principle in the completion of Islam is where its ummah is determined in their effort of seeking wealth and sustenance from Allah SWT. (Refer al-Nahj al-Mubin li Syarh al-Usul al-‘Isyrin, pg. 33)
Answering the above question, a wealthy person is someone who is ineligible to receive zakat for his property or salary or ability to provide nafkah for others. (Refer al-Fiqh al-Manhaji, 3/206). However, for the concept in wakaf, syarak ruled it permissible to give wakaf to a wealthy person. (Refer al-Fiqh al-Manhaji, 3/204). The reason is, the concept of wakaf is different from zakat which has been specified in the Quran. This means, although it is impermissible for a wealthy person to receive zakat, he has a right to receive wakaf. (Refer Mughni al-Muhtaj, 3/513)
Conclusion
In this issue, we conclude that syarak ruled it permissible to give wakaf to a wealthy person. The reason is wealthy people is also included among the people who has a right to receive donations. Hence, giving wakaf to wealthy people is valid and permissible according to syarak. However, wealthy people are impermissible to receive zakat.
May this explanation give us a better understanding in this religion. Amin.