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Resolutions of Iftaa' Board

Resolution No.(299): "Investing an Endowed Land in which the Endower's Condition was Unattainable"

Date Added : 28-02-2021

Resolution No.(299) (2/2021), By The Board of Iftaa', Researches and Islamic Studies:

"Investing an Endowed Land in which the Endower's Condition was Unattainable"

Date (14th of Jumada Al-Akhirah, 1442AH), corresponding to (28/1/2021AD).

In its 1st meeting held on the above date, the Board of Iftaa` reviewed the letter No.4/2/3/11669 sent from His Excellency, the Minister of Awqaf, Holy Sites and Islamic Affairs Dr.Mohammad Al-Khalayleh. This letter reads as follows:

We would your Grace to clarify the ruling on the endowment of Mr./Baseem Ali Abdullah Naser , which is a building of three floors on an endowed land (No.2112/Al-Abiad Area/Zarqa). The condition of the endower is to build Sharia school, health center, nursing home or an orphanage in accordance to the attached document of the charitable endowment.

In consideration of that, a committee formed of Endowments Zarqa Governorate was in charge to spectate the aforementioned endowment and the possibility of fulfilling the endower's condition. It turns out that it requires 8000JD cost for maintenance and fulfilling his condition was out of reach for the time being due to several reasons.Thus, the committee decided to invest and lease the building till the condition is fulfilled in order to avoid its damage. We hope your Grace to review this matter on the Board of Iftaa' to issue the Sharia ruling in this regard.

After thorough study and deliberation, the Board decided what follows:

In principle, endowments are to be given and fulfilled based on endower's condition and for the same purpose in which it was endowed in the first place by the former. Due to the fact that fulfilling it is unattainable as mentioned in the above question for compelling reasons, then there is no harm on investing the endowed building in the best manner so long as its outcome is disposed as conditioned by the endower. And Allah Knows Best.

 

    Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mohammad Al-Khalayleh, Member

Dr. Majed al-Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Prof. Adam Nooh Al-Qhodaat/Member

Dr. Amjad Rasheed, Member

Dr. Jamil Khatatbeh, Member

Dr. Ahmad al-Hasanat, Member

Dr. Mohammad Younis Al-Zou`bi, Member

 

            

    

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Summarized Fatawaa

Does excessive sleep during Ramadan invalidate fasting?

Sleeping a lot in Ramadan does not invalidate the fast, but a Muslim may miss out on great rewards from prayer, Quran recitation, and acts of worship due to excessive sleep.

Is it permissible for the guardian to give Sadaqa (voluntary charity) from the money of the orphans?

It is impermissible for the guardian to donate from the money of the orphans because he is entrusted with the safekeeping of that money, and is prohibited from donating it.

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

Does the clipping of nails nullify ablution?

No, it does not, and it is preferable to wash the hands afterwards.

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