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Resolutions of Iftaa' Board

Resolution No.(277): "Ruling on Exploiting Endowed Land"

Date Added : 22-05-2019

Resolution No.(277)(11/2019), By The Board of Iftaa', Researches and Islamic Studies:

"Ruling on Exploiting Endowed Land"

Date: (11/ Ramadan/1440 AH), corresponding to (16/5/2019 AD).

 

All perfect praise be to Allah the Lord of the Worlds.

On its sixth session held on the above date, the Board reviewed the letter (4/2/3/2905) of His Excellency Minister of Awqaf, Dr. Abulbasal. It states that the endowed land No.(45) of Um Attieh area (59) in Salt city, estimated at (320 Meters), was donated in 2000 for the purpose of building a mosque. However, building the mosque on the above land became impossible because it violates the effective laws and regulations of constructing mosques, the endowed land itself is small and three mosques were built in the same area. Knowing that the above land is commercial, what is the ruling of Sharia on investing it in favor of endowment programs by building a small Musala on part of it instead of a mosque?

After deliberating, the Board arrived at the following decision:

According to scholars, it is allowed for the endowment (Waqf) administrator to take the necessary steps to achieve the interest expected from the Waqf and preserve its benefits. Ibn Qhodamah says: "If the Waqf was damaged and its benefits were stopped….for example, a mosque that people have deserted or was too small and impossible to expand, or was expanded to the extent that it became impossible to maintain save by selling part of it. In this case, it is permissible to sell part of it to maintain the rest." Moreover, if it wasn`t possible to benefit from it at all, then selling it is permissible. In a narration by Abi Dawoud, Ahmad said: "If there were two valuable pieces of wood in a mosque, then it is permissible to sell them in order to maintain the mosque." {Al-Moghni, vol.6/pp.28}.

In conclusion, it is permissible to invest the above land to achieve the purpose for which it was endowed without any stoppage or delay. This is provided that the revenue is spent in favor of the mosque itself since the stipulation of the endower has the same binding force as the text of Sharia. And Allah The Almighty Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Dr. Ahmad Al-Hasanat, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Mohammad Al-Zou`bi/ Member

Prof. Adam Nooh Al-Qhodaat/Member

Prof. Abdullah al-Fawaaz/Member

Dr Mohammad Khair al-Esa/Member

Dr. Rashaad Al-Kelaani/Member

 

 

 

 

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Summarized Fatawaa

If someone regularly fasts the six days of Shawwal, are they obligated to fast them every year?

A person is not obligated to fast the six days of Shawwal every year, even if they have made it a habit. However, someone who regularly performs a good deed should not abandon it as long as they are able.

What is the ruling on someone who dies while having missed fasts?

● If a person dies before having the opportunity to make up the missed fasts—such as someone whose excuse (e.g., illness) persisted until their death—then no makeup fast (qada), fidyah, or sin applies to them.
● However, if they had the ability to make up the fasts but did not do so before passing away, the missed fasts must be compensated by giving a mudd of food for each missed day from their estate.
The Prophet ﷺ said: "Whoever dies while having a month’s fast due, one needy person should be fed per day on their behalf." [Narrated by At-Tirmidhi]
Additionally, a guardian (wali) may fast on their behalf, as the Prophet ﷺ said: "Whoever dies while having missed fasts, their guardian should fast on their behalf." [Narrated by Al-Bukhari and Muslim]
In another narration: "If they wish." This indicates that both feeding the needy and fasting on behalf of the deceased are permissible options.

Is Zakah (obligatory charity) due on the Zakah money received by a poor person, and reached a Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over having it in his possession?

Yes, the poor who possessed a Nissab for a whole lunar year is obliged to pay the Zakah due on that money even if it was given to him as a Zakah money in the first place. And Allah Knows Best.

If someone starts the day sick or traveling while fasting, is it permissible for them to break their fast?

● A sick person who finds fasting difficult is allowed to break their fast, whether they began the day fasting or not.
● As for a traveler:
○ If they were still at home at dawn and then traveled after Fajr (dawn), they must continue fasting unless they experience extreme hardship, in which case they may break their fast.
○ However, if they were already traveling when dawn broke—meaning they had left their town before Fajr—then they are permitted to break their fast. This is what the Prophetﷺ did during the year of the conquest (of Makkah).

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