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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 regarding one who purchases a sacrificial animal (uḍḥiyah) and it then develops a defect before slaughter?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a defect that invalidates the sacrifice (uḍḥiyah) arises after its purchase — for example, if one purchased a sound, defect-free animal, and it then developed a limp, blindness in one eye, or a similar defect before slaughter — it does not fulfill the requirement of a valid uḍḥiyah, according to the Shāfi'ī school.
It is stated in Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib (Vol.1/P.535): "Even if the limp develops [in the animal] while the knife is upon it, it still does not fulfill the requirement, because it is lame at the moment of slaughter — this is analogous to a case where a sheep's leg breaks and one hastens to slaughter it [in that condition]."
The Ḥanbalī school, however, held that if the one offering the sacrifice purchased the animal while it was sound and defect-free, and a defect then befell it afterward, the sacrifice remains valid and there is no obligation to replace it.
It is stated in Masā'il al-Imām Aḥmad, one of the Ḥanbalī reference works (Vol.8/P.4021): "I said: If a person purchases the sacrificial animal while it is sound, and it is then afflicted with illness, blindness in one eye, or a broken limb [before slaughter]? He [Imam Aḥmad] said: It is said that it still fulfills the requirement. Isḥāq said likewise, because he purchased it while sound, and the defect befell it only afterward, so it remains sufficient on his behalf." [End of quote]
Accordingly, a sheep afflicted with a defect that invalidates the sacrifice does not fulfill the requirement of a valid uḍḥiyah — whether the defect arose after purchase or during the slaughter itself — according to the Shāfi'ī school. However, there is no objection to following the Ḥanbalī position on this matter [as a valid alternative]. And Allah, the Most High, knows best.

Which is more excellent for a woman: to pray in the mosque or in her house?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Our Master the Prophet ﷺ said: 'It is more excellent for a woman to pray in her house than in her courtyard, and more excellent for her to pray in her private chamber than in her house.' Therefore, a woman’s adherence to her home and her refraining from going to the mosques—in obedience to the command of Allah the Exalted—attains a great reward and abundant recompense. Furthermore, women praying in congregation within their homes is better than their attendance at the mosques, based on the aforementioned Hadith. And Allah the Exalted knows best.

What is the ruling on public street water if it gets on a person's clothes or body?

The default ruling is that public street water is pure (tahir). If one is certain of its impurity (najasa), then a small amount that gets on the lower part of a person's clothes or body is overlooked (excused). And Allah the Almighty knows best.

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

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