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Resolutions of Iftaa' Board

Resolution No. (297) (17/2020): "Investing Land Endowed for Building a Mosque

Date Added : 09-02-2021

Resolution No. (297) (17/2020), By The Board of Iftaa', Researches and Islamic Studies:

"Investing Land Endowed for Building a Mosque"

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.4/2/2/10794 sent from His Excellency the Minister of Awqaf, Holy Sites and Islamic Affairs Dr.Mohammad Al-Khalayleh. It stated as follows: "We would like to bring to your attention that Mr.Yaghi has donated the land No. (586/5) (Al-Ar-Rafiah, An-nawaijees Village, of the lands of eastern Amman) for building a mosque. This land is estimated at (530) square meters and is registered in the name of the Ministry of Awqaf, Holy Sites and Islamic Affairs under a contract of hibah (gift)/2009. This land has been vacant since 2009, however, several mosques were built near it and they suffice for prayer performers residing in that area. However, this land is considered in violation of the regulations stated in the Jordanian Law in this regard. In addition, not benefitting from it defies the purpose for which it was endowed in the first place. Based on the aforementioned, what is the ruling of Sharia on investing this land?

After careful consideration, the Board has arrived at the following resolution :

It is permissible to invest the above land and use the revenue in favor of the surrounding mosques, and in a manner that achieves the purpose for which it was endowed. This is of course after the donor, or his heirs in case he was dead, approve of that. And Allah The Almighty Knows Best.

 

 Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Sheikh Abdulkareem al-Khasawneh

Prof. Mahmoud Al-Sartawi/ Member

Dr. Majed al-Darawsheh/ 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

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

Is it permissible to slaughter sacrificial animals in public squares and streets?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The slaughtering of sacrificial animals (udhiyah) should take place in locations designated for slaughter, such as abattoirs (slaughterhouses), or in sites allocated by the relevant authorities for this purpose.
 
It is not permissible to perform slaughtering in a random or haphazard manner—such as in public squares, on roadsides, or in front of houses—in a way that creates health hazards, causes public nuisance, or endangers public safety. And Allah Almighty knows best.

What is the ruling on praying behind a disliked Imam?

 

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is mildly disliked (Makruh Tanzihan) for a man—other than the permanent designated Imam (Imam Ratib)—to lead people in prayer if the majority of them dislike him due to a religiously blameworthy reason (Amr Madhmum Shar‘an), such as associating with open sinners (Fussaq), for example. As for the followers who dislike him, the prayer behind him is not disliked for them. However, if less than the majority dislike him, or if the majority dislike him for a reason that is not religiously blameworthy, then his leading the prayer is not disliked. And Allah the Exalted knows best.

Why was the exact date of Laylat al-Qadr concealed?

The wisdom behind this is to encourage Muslims to strive in worship throughout all the nights of Ramadan, or at least in the last ten nights. By doing so, they will earn the reward of observing Laylat al-Qadr as well as the reward of worshiping on other blessed nights.

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