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Resolutions of Iftaa' Board

"Resolution No.(304): "Investing an Endowed Land for Building a Mosque"

Date Added : 14-06-2021

Resolution No.(304), (9/2021): By The Board of Iftaa', Researches and Islamic Studies:

"Investing an Endowed Land for Building a Mosque"

Date (22 of Shawal, 1442AH), corresponding to (3/6/2021AD).

 

In its 8th meeting held on the above date, the Board of Iftaa` reviewed the letter No.4/2/3/5230 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 endowed land No.(199), area No.(9) Al-Henawa/Alomqaa' Town – one of southern Mazar's lands, which is (2002/m2). This land was given as an endowment in (1996AD) for the purpose of building a mosque o it; yet, the purpose in which the endower set his land for is unattainable, because a big mosque was built 200 meters away from his land. Therefore, he asks for the permission to make an investment on it through establishing an agriculture project on it instead.

After thorough 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, Sheikh Abdulkareem Al-Khasawneh

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mahmoud Al-Sartawi/ Member     Dr. Majed Al-Darawsheh/ Member

Sheikh Sa`eid Hijjawi/ Member

Judge Dr. Samer Al-Kobbaj/ Member             Prof. Adam Nooah Al-Qhodah/ Member

Prof. Amjad Rasheed/ Member

Dr. Jameel Khatatbeh/ Member           Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad al-Zou`bi/ Member

 

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Summarized Fatawaa

If someone starts the day sick or traveling while fasting, is it permissible for them to break their fast?

● A sick person who finds fasting difficult is allowed to break their fast, whether they began the day fasting or not.
● As for a traveler:
○ If they were still at home at dawn and then traveled after Fajr (dawn), they must continue fasting unless they experience extreme hardship, in which case they may break their fast.
○ However, if they were already traveling when dawn broke—meaning they had left their town before Fajr—then they are permitted to break their fast. This is what the Prophetﷺ did during the year of the conquest (of Makkah).

What is the ruling on making up missed prayers during prohibited times?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to make up (qada’) missed prayers at any time, even during the periods when prayer is generally prohibited. The prayers that are forbidden and considered invalid during these times are 'absolute voluntary prayers' (nafl mutlaq)—which have no specific cause—and voluntary prayers whose cause follows the prayer itself, such as the Sunnah of entering Ihram or the Sunnah of the Istikharah prayer. Furthermore, no prayer is considered disliked (makruh) during these prohibited times when performed within the Meccan Sanctuary (Makkah al-Mukarramah).
 
It is stated in Bushra al-Karim (Vol.1/P.181), one of the Shafi’i texts: 'It is not forbidden to perform prayers that have a cause that is not delayed (i.e., the cause is preceding), such as making up a missed prayer (fa’itah)—even if it was a voluntary one—and the funeral prayer (janazah); or a cause that is simultaneous, such as the prayer for rain (istisqa’) or the eclipse prayer (kusuf)... and the Sunnah of wudu, the greeting of the mosque (tahiyyat al-masjid), the Sunnah of circumambulation (tawaf), the Sunnah of arrival, and the prostrations of recitation (tilawah) or thankfulness (shukr). These mentioned prayers and their like are not forbidden provided that one does not specifically intend (ta'ammud) to perform them during the disliked time because it is a disliked time. If one does so intentionally, it becomes forbidden, even if it is a mandatory makeup prayer that is due immediately; because in that case, one is acting in defiance of the Sharia. This is in contrast to when one does not specifically seek out that time, even if the prayer happens to fall within it, or if one seeks it for another purpose—such as delaying a funeral prayer to that time so that a larger number of people may pray over the deceased; in such cases, it is permissible and valid... And it is forbidden to perform prayers with no cause at all, like absolute nafl, or those with a delayed cause, such as the Istikharah prayer, the prayer for Ihram, the prayer for a need (hajah), the prayer before leaving the house, or the prayer before execution; because their causes occur after the prayer itself.' And Allah the Exalted knows best."

What is the ruling on offering the sacrifice (uḍḥiyah) using the wealth of a minor or a legally incompetent person (safīh)?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
It is not permissible for the guardian (walī) of an orphan or a legally incompetent person (safīh) to offer the sacrifice (uḍḥiyah) on behalf of the minor or the safīh using their wealth, because the guardian is charged with exercising caution over their wealth and is prohibited from giving any of it away voluntarily, and the udḥiyah is a voluntary act of charity (tabarru'). The guardian may, however, offer the sacrifice using his own personal wealth. And Allah, the Most High, knows best.

What is the ruling on waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.

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