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Resolutions of Iftaa' Board

Resolution No. (272): "Tonaib Village Graveyard"

Date Added : 18-03-2019

Resolution No. (272)(5/2019), By The Board of Iftaa', Researches and Islamic Studies:

"Tonaib Village Graveyard"

Date: (30/Jumada Al-Akhirah/1440 AH), corresponding to (7/3/2019).

 

Praise be to Allah, the Lord of the Worlds.

During its third session held on the above date, the Board reviewed the letter of His Excellency the Minister of Awqaf, Islamic Affairs and Holy Sites (No.4/6/273041, dated 25/11/2018), in which it was referred to the resolution of the Awqaf Council (No.4/11/2018, dated 12/8/2018). The latter pertained to giving back a portion of the registered shares of plot No.(5)/(3), Tonaib village, which is registered in the name of the public trustee of the Waqf the Ministry of Awqaf, Islamic Affairs and Holy Sites. Could Your Grace discuss this matter with the concerned parties to deliver the ruling of Sharia regarding it? Knowing that this whole plot of land was registered as a graveyard by virtue of Awqaf Law No.(32)/2001. Kindly see enclosed copy of the above resolution.

After deliberating, the Board arrived at the following decision:

The rules of Shraia require that the Ministry of Awqaf draw a distinction between two cases:

First: If the Waqif (Endower) has registered his land by virtue of an official document, then the Ministry shall take charge of the whole plot in line with the conditions of the Waqif.

Second: If the land wasn`t registered as an endowment, and still people were buried in it, in this case, it isn`t permissible to register it in the name of the public trustee (Ministry of Awqaf). However, the Ministry can register-according to its regulations-the part in which people were buried; to the exclusion of the rest of that land, since, in principle, the base rule is to keep all what had appeared on what they had appeared. The area in which no burial took place isn`t endowed. Therefore, it doesn`t remain under the supervision of the Ministry of Awqaf, and thus it must be given back to its original owner. And Allah the Almighty Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem AlKhasawneh/ Member

Sheikh Sa`eid Al-Hijjawi/ Member

Prof. Abdullah Al-Fawaaz/ Member.

Dr. Muhammad Khair Al-Issa/ Member

Dr. Majid Al-Darawsheh/ Member

Prof. Adam Noah/ Member {have a reservation on the fourth standard}.

Judge. Khaled Al-Worikat/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Al-Zou`bi/ Member

Dr. Rashaad Al-Kilani/Member

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Summarized Fatawaa

What are the signs of Laylat al-Qadr?

It is said that among its signs are:
● A sense of peace and tranquility during the night.
● The sun rises on the following morning white and without strong rays.
However, one should not be preoccupied with searching for its signs at the expense of worship. Allah has hidden its exact date so that we strive in worship throughout multiple nights, ensuring that we attain its great reward.

What is the ruling of Islamic Law on kissing while fasting?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is prohibitively disliked (makrūh taḥrīman) for a husband to engage in foreplay with or kiss his wife during the daylight hours of Ramaḍān if doing so stirs his desire. If pre-seminal fluid (madhī) is released as a result, the fast is not invalidated; however, if seminal fluid (manī) is released, the fast is broken.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, stated: "It is prohibitively disliked to kiss — whether on the mouth or elsewhere — for one whose desire is stirred, whether man or woman, to the extent that he fears it may lead to intercourse or ejaculation. Embracing, touching, and similar acts without a barrier carry the same ruling as kissing in this regard, because such acts expose the act of worship to being corrupted — and as the two Ṣaḥīḥs record: 'Whoever circles around a protected boundary is liable to fall into it.'"
He further added: "It is preferable for one whose desire is not stirred — even if he is a young man — to refrain from such acts as well, so as to close the door entirely. For he may believe his desire has not been aroused when in fact it has. Moreover, it is Sunnah for the fasting person to abstain from all desires without exception." — Summarised with minor adaptation from [Mughnī al-Muḥtāj]. And Allah the Almighty knows best.

Is a person who is in a state of Janabah (major ritual impurity due to having a marital intercourse, ejaculation, menstruation, and post-delivery impurities) sinful if he/she goes about his/her daily life activities in that state i.e. without making Ghusl (ritual bath)?

It goes without saying that a Muslim should always be in a state of ritual purity so as to be able to perform prayers and recite Quran. It is from Sunnah (Prophetic tradition) that a Muslim hastens to make Ghusl from Janabah, but he/she is not sinful in case he/she delayed that provided that he/she doesn`t miss prayers. However, it is permissible for him/her to go about their daily activities while in a state of Janabah, but had better bathe in order not to miss any prayer.

How to perform the witr prayer in terms of connection (wasl) and separation (fasl)?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Witr prayer has several forms that vary in terms of virtue:
 
The First Form: Separating every two units (rak‘ah) with a Tashahhud and a Taslim (salutation). This is superior to connecting the units, even if it is only a single rak‘ah. This is based on the Hadith of ‘Aishah (may Allah be pleased with her): 'The Messenger of Allah ﷺ used to pray eleven units between the end of the ‘Isha prayer and dawn, performing the Taslim after every two units and performing Witr with a single unit.' (Related by al-Bukhari & Muslim).
 
The Second Form: Connecting the units with only one final Tashahhud at the very end.
 
The Third Form: Connecting with two Tashahhuds—meaning reciting the Tashahhud before the final unit without performing the Taslim, then standing to complete the final unit. This form is considered the lowest in rank so that the Witr prayer remains distinct from the obligatory Maghrib prayer, as stated in the Hadith: 'Do not make the Witr resemble the Maghrib prayer.' (Narrated by Al-Daraqutni, who stated its narrators are trustworthy).
 
It is stated in Bushra al-Karim Sharh al-Muqaddimah al-Hadramiyyah: 'It is permissible to connect [the Witr] with one Tashahhud in the final unit—which is better—or with two Tashahhuds in the last two units, as both methods are established in Sahih Muslim from the actions of the Prophet ﷺ. In the connected method, more than two Tashahhuds are prohibited. Furthermore, separating (al-Fasl) is better than connecting (al-Wasl) if the number of units is the same, because the Hadiths supporting it are more numerous and it involves more devotional actions.' And Allah the Exalted knows best."

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