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Resolutions of Iftaa' Board

Resolution No.(291): "Ruling on Transferring Donations in Favor of Another Mosque"

Date Added : 12-08-2020

 

Resolution No. (291) (11/2020) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Transferring Donations in Favor of another Mosque "

Date: (16th of Dhu al-Hijjah, 1441 AH), corresponding to (6/8/2020 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 10nth meeting held on the above date, the Board of Iftaa`, Research and Islamic Studies reviewed the letter No. (2/1/1/15576) sent from the Ministry of Awqaf, Islamic Affairs and Holy Sites about allowing the withdrawal of funds from the accounts of the mosque`s working construction committees entrusted with collecting donations as well as the non-working committees relieved from this duty. The purpose is paying mosques` electricity and water bills and installing solar systems for them, in addition to covering other expenses. Could Your Grace clarify the ruling of Sharia on this?

In principle, a donation must be spent according to the intention of the donor since the latter entrust the Mosques` Construction Committees do so. However, when a mosque has a surplus of donations, then there is no sin in transferring it to the benefit of another mosque, of course, after approval of the Awqaf Council. It is stated in the Hanbali book [Khash-shaf al-Qhinaa`, vol.4/pp..295]: "When there is a surplus in a mosque`s items (lamp oil, rugs and the like) and it was sold, then it is permissible to transfer the money to the benefit of another mosque for it will be spent for the same purpose." And Allah the Almighty Knows Best. 

 

 Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mahmoud al-Sartawi, Member

Sheikh Sa`eid Al-Hijjawi, Member

Dr. Majed al-Darawsheh, Member

Dr. Ahmad al-Hasanat, Member

Judge Khalid Woraikat, Member 

Prof. Adam Nooh Al-Qhodaat/Member

Dr. Amjad Rasheed/Member

Dr. Jamil Khatatbeh/Member

Dr. Mohammad Younis Al-Zou`bi/ Member

 

 

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Summarized Fatawaa

Is it permissible for an elderly person, a pregnant woman, or someone with a chronic illness to pay fidyah before Ramadan begins?

It is not permissible for an elderly person, a pregnant woman, or someone with a chronic illness to pay fidyah before Ramadan begins.
Additionally, it is not allowed to pay fidyah for more than one day in advance, because fidyah is a substitute for fasting, and fasting is not yet obligatory at that time.
However, it is permissible to pay fidyah for a single day in advance, by analogy with paying zakat up to one year in advance.

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

Is a woman's prayer performed while following an Imam whose prayer is being broadcasted via the television valid, and does she receive the reward of congregational prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Among the conditions for the validity of following an Imam (Iqtida’) is that the Imam and the follower must be in the same location. Therefore, the prayer of one who follows an Imam whose prayer is being broadcasted via television from a distant location is not valid. However, if the follower is with the Imam in the same mosque, the prayer is valid. And Allah the Exalted knows best.

What is the ruling on performing istinja' before every ablution?

Istinja' is not from the conditions for the validity of ablution. It is only obligatory for prayer when there is impurity from urine or stool on the private part, or if there is fear of the impurity spreading to the body or clothing. And Allah the Almighty knows best.

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