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Resolutions of Iftaa' Board

Resolution No.(296): "Using the Building of an Old Mosque by Zakah Committee"

Date Added : 04-01-2021

Resolution No.(296) (16/2020) By The Board of Iftaa', Researches and Islamic Studies:

"Using the Building of an Old Mosque by Zakah Committee"

Date: (16th of Rabi'ul-Akhir, 1442 AH), corresponding to (2/12/2020 AD).

 

All perfect praise be to Allah, the Lord of the Worlds; may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

 

In its 13nth meeting held on the above date, the Board of Iftaa` reviewed the letter No.4/2/3/1122 sent from His Excellency the Minister of Awqaf, Holy Sites and Islamic Affairs Dr. Mohammad Al-Khalayleh. It read as follows: What is the ruling of Sharia regarding the request made by Um Jozeh and 'Allan Zakah Committee to use the building of Um Jozeh Old Mosque, where prayers haven`t been offered for a very long time because the New Um Jozeh Mosque was established next to it? This Committee expressed its readiness to make total maintenance for the building and its annexes to serve as new headquarter for Um Jozeh and `Allan Zakah Committee of the Zakah Fund. What is the ruling of Sharia on the permissibility of using Um Jozeh and `Allan old Mosque for the afore-mentioned purposes?

  

After careful consideration, the Board has arrived at the following decision:

 

In principle, religious endowments are bound by the conditions of the endowers and should meet the purpose for which they have been established in the first place. However, at the same time, it is permissible for Um Jozeh and `Allan Committee to use the building of Um Jozeh and `Allan Old Mosque after running the necessary maintenance; provided that it is used as a mosque and kept officially registered as such. This is in order to enable the Waqf Administrator-Ministry of Awqaf, Holy Sites and Islamic Affairs-to benefit from it as a mosque in the future. And Allah the Almighty Knows Best.

 

 Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mohammad Al-Khalayleh, Member

Prof. Mahmoud al-Sartawi, Member

Sheikh Sa`eid Al-Hijjawi, Member

Dr. Majed al-Darawsheh, Member

Dr. Ahmad al-Hasanat, Member {I have a reservation at this Resolution unless it is states that Um Jozeh and `Allan Old Mosque remains as a mosque}.

Judge Khalid Woraikat, Member 

Prof. Adam Nooh Al-Qhodaat/Member {I agree under the condition that prayers are established in this Mosque and its sanctity is preserved}.

Dr. Amjad Rasheed, Member {I reserve this Resolution without mentioning the statement "It takes the rules of a mosque and remains as such, and not merely that "It only remains as an endowed mosque. This is with the need to keep a place for performing prayers or teaching the Quran}.

Dr. Jamil Khatatbeh, Member

Dr. Mohammad Younis Al-Zou`bi, Member

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Summarized Fatawaa

Does sacrificing one sheep avail for the entire household?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial offering) is a communal Sunnah (Sunnah Kifayah) for members of the same household, provided that their financial maintenance is undertaken by a single provider. By "communal Sunnah," we mean that when one person performs it, the religious recommendation is fulfilled on behalf of the entire household, though the spiritual reward itself belongs uniquely to the one who offered it.
 
Therefore, if any member of the household performs the sacrifice—even if it is someone who is not legally responsible for the household's expenses, such as the wife or one of the children—the recommendation is fulfilled for everyone in that home. However, the reward does not automatically extend to the other members unless the person offering the sacrifice explicitly intends to share the reward with them—similar to how performing a funeral prayer (Janazah) fulfills the communal obligation for everyone, yet the specific reward is earned by those who actually prayed.
 
Additionally, a single sacrifice is sufficient for a man who is married to more than one wife. And Allah the Almighty Knows Best.

Is it permissible to offer an Udhiyah on behalf of another without their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is not permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else without their permission, except in the following cases: if he sacrifices on behalf of the members of his household, if a guardian sacrifices from his own wealth on behalf of his ward, or if the Imam (ruler) sacrifices from the public treasury (Bayt al-Mal) on behalf of the Muslims. And Allah the Almighty knows best.

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

What is the Sharia basis of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
The Sharia basis of the Udhiyah (sacrificial offering) is firmly established through the Quran, the Sunnah, and the Consensus (Ijma') of the Muslims:
1. Evidence from the Holy Quran
Allah the Exalted says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Hajj/36]. He also says {what means}: "So pray to your Lord and sacrifice [to Him alone]" [Al-Kawthar/2]. According to the most well-known scholarly interpretations of this verse, "prayer" refers to the Eid prayer, and "sacrifice" refers to the slaughtering of the Udhiyah.
2. Evidence from the Sunnah
Al-Bara' bin 'Azib (may Allah be pleased with him) narrated that the Prophet ﷺ said: "The first thing we start with on this day of ours is to pray, then we return and sacrifice. Whoever does that has followed our Sunnah, and whoever slaughters before [the prayer], it is merely meat he has provided for his family; it is not part of the ritual sacrifice in any way" [Reported by Bukhari & Muslim].
Anas (may Allah be pleased with him) narrated: "The Prophet ﷺ sacrificed two white rams with horns. He slaughtered them with his own hand, mentioned the name of Allah (Tasmiyah), and said the Takbir" [Reported by Bukhari & Muslim].
3. Evidence from Scholarly Consensus (Ijma')
The Muslims have reached a unanimous consensus on the Sharia basis of the Udhiyah, and no one among the scholars has disagreed with this. [Al-Sherbini, Mughni al-Muhtaj, Vol.6/P.122].And Allah the Exalted knows best.

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