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Fatwa CenterSpending donations against the will of their donators
Question
I'm working in a Muslim Students Organization. We receive donations (Kafalah)from Arab countries to sponsor Da'ees (Islamic Preachers) to work full-time or part-time. We live in a developing country as a minority community & we have to depend on such sponsorship to carryout Da'wah activities. But sometimes it so happens that such donations specifically sent for sponsoring Da'ees are utilized for other Da'wah purposes, or obtained in the name of those who are not directly involved in Da'wah activities to be utilized in Da'wah. Most Arab donors wish to contribute only for certain specific needs such as building mosques, wells and Kafalah. They don't recognize other urgent needs such as building Da'wah centers, Madrasah etc. and it's difficult to convince them. Questions arising here are: 01. Is this sponsorship (Kafala) regarded as a gift (Hadiyyah) or a contract (Aqd)? 02. Are the Donors aware that the money they give are used for other Da'wah purposes and not given to the particular receipient? If so how will they view it? Will doing so without the donor's knowledge be regarded as cheating? 03. Are the persons in whos name the Kafala is obtained aware that the money is obtained in their name and spent on other Da'ees or for other Da'wah purposes? If so how will they view it? 04. If the donor provides sponsorship form Zakat money as the share of "Fee Sabeelillah", in such a case is it permissible for that money to be utilized for other purposes. 05. Kafalah is not given to specified receipient but reports and other documents to be submitted to donor are prepared in his name to satisfy Donor. How can this be viewed. 06. There's no doubt in the noble cause for which the money is used. But it's this method that needs clarification as to weather it's permissible or not. Could it be allowed on the basis of Common Benefit (Maslahah Mursalah)? Could any scholar please clarify to me these contemporary issues in a Shariah point of view? Thanks.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
The relationship between charity organizations and the donators is that of authorization; either an absolute authorization or a restricted authorization.
Authorization is one of the contacts whose terms and conditions have to be abided by, as Allaah Says (what means): {O you who have believed, fulfil [all] contracts}[Quran 5:1] Furthermore, the Prophet said: "The Muslims must fulfill their conditions." [Ahmad]
Based on the above, you should know the answers to the asked questions. If the donators condition that their donated money be spent on a particular field, then it is an obligation to abide by this condition and contravening this condition is deceit and lying. The matter is even worse if reports are given to the donator contrarily to the reality.
The charity organization should guarantee the money of the donators when contravening their legal conditions.
As regards giving excuses of good intentions and a good objective about this contravention and disposing of the money contrarily to the legal conditions of the donators, then this is not a reasonable and valid reason.
With regard to the donators who gave the Zakah of their money to the charity organization, it should be spent on illegible recipients of Zakah.
Concerning Da’wah activities whether or not they are among the legal recipients of Zakah, the answer is that it is permissible to spend Zakah money on Da’wah activities when in dire need on the condition that there is no other source for financing such activities.
Moreover, if a person who pays Zakah conditions that his money be spent on other than the legal recipients of Zakah, then his condition should not be taken into account and the charity organization may spend the Zakah money on its legal known recipients.
Allaah Knows best.
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