Changing the use of a Waqf school : charter school designation : use of a Waqf Islamic school building

Fatawa Question

Charter schools are being increasingly considered by "Islamic" schools across the country. There does not seem to be much concern about the charter school concept itself or its operation. However, when an "Islamic" school is to be converted into a charter school, a question of Fiqh arises : Can a Waqf property built by Muslim donors specifically for imparting Islamic education and promoting Islam be used for the explicit purpose of non-religious education with a binding commitment to not promote any religion ? Would it be proper for the Fiqh council to address this and related questions ! First, let me briefly describe what a charter school is ? A charter school is a public school of choice which operates independently of local school districts. Charter schools are nonsectarian and must follow rules and regulations governing civil rights and health and safety issues. Charter schools are allotted per-student tax dollars for operating revenue and generate additional funding through private and corporate donations as well as state and federal grants. No tuition is charged. Answers to frequently-asked questions about charter schools in Texas can be found at http://www.tea.state.tx.us/charter/faqs/faq.html. Additionally, a charter school is a non-profit 501(c) (3) organization, and has the same status as Nait and Isat for that matter. Also, as you are probably already aware of, Isat has Already built and operating an Islamic school on its premises. Based on charter schools rules and requirements, the current status of Nait and Isat, the inquiries with the Tarrant county appraisal district, and the recommendation of our legal advisor, there is no risk of any complications with the property tax exemption or other exemptions for that matter. I also just wanted to add that in Arlington, and many other cities in the us, most of the charter schools (above 90 %) are sponsored by religious organizations with a non-profit 501(c) (3) status. All of these religious organizations are sectarian in nature propagating their religious believes. Jazakaallahu Khairan,

Fatwa

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Publication Date

2007-05-15

Main Subjects

Economics & Business Administration
Islamic Studies

No. of Pages

2

Data Type

Fatawa

Language

English

Record ID

BIM-784648

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