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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

What is the ruling of Islamic Law on eating or drinking during the circumambulation?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is disliked (makrūh) to eat or drink during the circumambulation (ṭawāf).
Shaykh al-Islām Imām al-Nawawī states in al-Majmūʿ: "It is disliked to eat or drink during ṭawāf, and the dislikedness of drinking is lighter. Neither of them, nor both together, invalidates the ṭawāf. Al-Shāfiʿī said: 'There is no objection to drinking water during ṭawāf, and I do not consider it sinful; however, I prefer that it be avoided, as refraining from it is more befitting in terms of proper conduct.' Among those who explicitly stated the dislikedness of eating and drinking, and that drinking is the lesser of the two, is the author of al-Ḥāwī."
If, however, a person is in genuine need of drinking, then there is no dislikedness in doing so. In any case, the ṭawāf itself remains valid. And Allah the Almighty knows best.

What is the ruling on forgoing the sacrifice (uḍḥiyah) for one who is financially able to offer it?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
It is disliked (makrūh) for one for whom the uḍḥiyah (sacrifice) is recommended (Sunnah) to forgo offering it, on account of the scholarly disagreement regarding whether it is obligatory. And Allah, the Most High, knows best.

What is the ruling on reciting aloud (*jahr*) in a silent (*sirriyyah*) prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Reciting aloud (jahr) in the Fajr prayer, in the first two rakʿahs of Maghrib and ʿIshāʾ, and reciting silently (isrār) in the Dhuhr and ʿAṣr prayers is a sunnah. If the worshipper recites aloud where silence is prescribed, or the reverse, his prayer is valid, although it is better to follow the sunnah, in imitation of the Prophet (peace and blessings be upon him). Abū Hurayrah (may Allah be pleased with him) said: “In every prayer there is recitation. What the Messenger of Allah (peace and blessings be upon him) let us hear, we let you hear, and what he concealed from us, we conceal from you. If you add nothing to Umm al-Qurʾān (al-Fātiḥah), it suffices, and if you add to it, it is better.” Narrated by al-Bukhārī.
Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him) said in al-Majmūʿ (Vol.3/389): “The sunnah is to recite aloud in the two rakʿahs of Ṣubḥ (Fajr), Maghrib, and ʿIshāʾ, and in the Friday prayer, and to recite silently in Dhuhr, ʿAṣr, the third rakʿah of Maghrib, and the third and fourth of ʿIshāʾ. All of this is by the consensus of the Muslims, together with the mutually reinforcing authentic ḥadīths on the matter. This is the ruling for the imam. As for the individual worshipper (munfarid), it is sunnah for him to recite aloud according to us and according to the majority… If he recites aloud where silence is prescribed, or the reverse, his prayer is not invalidated, nor is there a prostration of forgetfulness (sujūd al-sahw) for it, but he has committed something disliked (makrūh).” And Allah Almighty knows best.

What is the ruling on performing the standing (qiyām) and bowing (rukū‘) portions of the prayer normally, while performing the prostration (sujūd) seated due to knee pain?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If performing sujūd (prostration) in prayer causes the worshipper pain in the knees, then it is permissible for him to perform it through gesture (īmā') while seated, since Allah, Glorified and Exalted is He, has lifted hardship from His servants. On the authority of ‘Imrān ibn Ḥuṣayn (raḍiyallāhu ‘anh), he said: "I suffered from hemorrhoids, so I asked the Prophet ﷺ about [how to perform] the prayer, and he said: 'Pray standing; if you are unable, then sitting; and if you are unable, then on your side.'" [Ṣaḥīḥ al-Bukhārī]
If the valid excuse later subsides, the worshipper is then obligated to perform the prayer with all its pillars and conditions fully observed — including standing, rukū‘ (bowing), and sujūd (prostration). And Allah, the Exalted, knows best.

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