Resolutions of Iftaa' Board



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

What is the ruling of Islamic Law on the prayer of zawal?

 

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended (sunnah) to pray four rakʿāt — either with a single tasleem or as two separate sets of two rakʿāt — immediately following the sun's decline from its zenith (zawāl). This prayer is distinct from the regular Sunnah prayer of Ẓuhr (sunnat al-ẓuhr al-rātibah), as explicitly stated by the Shāfiʿī jurists.
It is mentioned in Nihāyat al-Muḥtāj: "The prayer of zawāl is offered after the sun's decline — so were one to perform it before that, it would not count. It consists of two or four rakʿāt and is distinct from the Sunnah of Ẓuhr, as is evident from the fact that it is mentioned separately after the regular Sunnah prayers, and it becomes a make-up prayer (qaḍāʾ) if a long period of time passes by customary reckoning... Al-ʿAlqamī stated: 'Scholars refer to this as the Sunnah of Zawāl, and it is distinct from the four rakʿāt that constitute the Sunnah of Ẓuhr.' Our shaykh said: Al-Ḥāfiẓ al-ʿIrāqī stated that among those who explicitly affirmed its recommendation was al-Ghazālī in al-Iḥyāʾ, in the chapter on devotional litanies, noting that there is no tasleem between them — meaning there is no break between each pair of rakʿāt."
The time of the sun's decline (zawāl) marks the very beginning of the time for the Ẓuhr prayer.
And Allah the Almighty knows best.

Is it permissible for a husband to sell his wife`s jewelry if he was in a hard up?

A woman`s jewelry and dowry are her own property, and it is forbidden for the husband to take either without obtaining her approval. However, it is desirable for the wife to support her husband through considering her jewelry a sort of documented debt on him.

Is it permissible for one who sacrifices on behalf of another, with the latter's permission, to eat from the sacrifice?

It is permissible for someone who sacrificed on behalf of another with their permission to eat from it with their permission, and they stand in their place (act as their representative) in distributing it.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.8/P.141): "And he—meaning the one sacrificing on his own behalf, provided he has not apostatized—has the right to eat from a voluntary sacrifice and his sacrificial gift; rather, it is recommended. As for an obligatory sacrifice, it is forbidden for him to eat from it, whether it was designated as such initially or as a liability in his dhimmah. And excluded by what has preceded is if he sacrifices on behalf of another, or if he apostatized, then it is not permissible for him to eat from it, just as it is absolutely impermissible to feed a disbeliever from it."(The text I found indicates the impermissibility of eating) ???
 
And it is stated in Hashiyat al-Jamal ‘ala Sharh al-Manhaj (Vol.5/P.262): "If a person offers a sacrifice on behalf of a living person with their permission, does he act as their representative in distributing it—on the grounds that permission to sacrifice is permission to distribute it—or does it depend on their explicit permission? This requires consideration, but the first view is not far-fetched." And Allah the Almighty knows best.

What is the ruling on swimming while fasting?

Swimming while fasting is disliked (makruh) due to the risk of water entering the body cavity (jauf) through the nose, ears, or mouth, which would break the fast.
Ramadan is a month of tasbeeh (glorifying Allah), not Sibaha (swimming).