عربي
Home


Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(313): "Ruling on Using the Land Endowed for a Masjid for another Purpose"

Date Added : 05-07-2022

Resolution No.(313) ,(10/2022):

"Ruling on Using the Land Endowed for a Masjid for another Purpose" 

Date (2 of Thilgidah, 1443 AH), corresponding to (2/6/2022 AD).

 

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

In its 8th meeting held on the above date, the Board of Iftaa` reviewed the letter sent from His Excellency, the Minister of Awqaf, Holy Sites and Islamic Affairs Dr. Mohammad Al-Khalayleh. It read as follows:

We would like your Grace to clarify the ruling on burying someone in the yard of a Masjid that was built on the piece of land No.(6012), area No.(75), Naqib Ad-Daboor of Salt lands. The children of (H.M.K) dug a grave in the Masjid`s yard, owned originally by Montaha Hiari, and buried him there on 22nd of April, 2022.

After thorough deliberations, the Board decided what follows:

It isn`t permissible to use the land originally endowed as a Masjid for a purpose other than that for which it was endowed in the first place. In principle, an endowment can`t be sold, given as a present or inherited. Rather, it should be used for what it was endowed in the first place. Ibn Umar (May Allah Be Pleased with them): Umar bin Khattab got some land in Khaibar and he went to the Prophet (PBUH) to consult him about it saying: "O Allah's Messenger (PBUH) I got some land in Khaibar better than which I have never had, what do you suggest that I do with it?" The Prophet (PBUH) said: "If you like you can give the land as endowment and give its fruits in charity." So `Umar gave it in charity as an endowment on the condition that it would not be sold nor given to anybody as a present and not to be inherited, but its yield would be given in charity to the poor people, to the Kith and kin, for freeing slaves, for Allah's Cause, to the travelers and guests; and that there would be no harm if the guardian of the endowment ate from it according to his need with good intention, and fed others without storing it for the future." {Agreed upon}.

Jurists stated that the condition of the donor is considered and it isn`t permissible to violate it. Imam Al-Shirbini, a Shafie, stated: "In principle the conditions of the donor are considered as long as they don`t violate the purpose for which the endowment was endowed in the first place." {Moghni Al-Mohtaj, Vol.3: Page 540}.

The Masjid as well as all its facilities and spaces should be used only for the benefit of the Masjid itself and burying dead in its yards violates this purpose. Consequently, it isn`t permissible to bury the dead in the land endowed for a Masjid since doing so is a violation and usurpation of the endowment itself. However, if a dead person is buried there then the body must be removed to a public cemetery to preserve the purpose for which the land was endowed in the first place. And Allah The Almighty Knows Best.

 

 

Grand Mufti of Jordan, Sheikh Abdulkareem Al-Khasawneh

Prof. Mahmoud Al-Sartawi/ Member

Prof. Amjad Rasheed/ Member

Prof. Adam Nooah Al-Qhodah/ Member

Dr. Jameel Khatatbeh/ Member

Judge Dr. Samer Al-Kobbaj/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad al-Zou`bi/ Member

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

Who is responsible for performing the aqiqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The one upon whom the 'aqīqah is incumbent is whoever is obligated to financially maintain the newborn — whether the father, paternal grandfather, or mother. It is to be performed from their own wealth, not from the wealth of the newborn child.
As for one upon whom the financial maintenance of the newborn is not obligatory, they may not perform the 'aqīqah except with the permission of the one upon whom it is obligatory — namely, the father. And Allah Almighty knows best.

What is the ruling on one who feels drops of urine falling during ablution?

If he is certain that urine is exiting from him during ablution, then his ablution is invalidated. He must remove the impurity from his clothes and body and repeat the ablution.
However, if what he feels regarding urine exiting is merely doubt or illusion, then ablution is not invalidated by doubt and illusion. He should not pay attention to it, and it is not permissible for him to follow the doubt and whispers that corrupt his religion. And Allah the almighty knows best.

What is the Islamic ruling on the aqiqa?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is a confirmed Sunnah (sunnah mu'akkadah). Two sheep are to be slaughtered for a newborn boy, and one sheep for a newborn girl. This is established by numerous Prophetic traditions, among them:
The narration of Samurah ibn Jundub, may Allah be pleased with him, who reported that the Messenger of Allah ﷺ said: "Every child is held in pledge for his 'aqīqah, which is slaughtered on his behalf on the seventh day, and he is named, and his head is shaved." — Narrated by al-Tirmidhī, who graded it as ḥasan ṣaḥīḥ.
And the narration of 'Ā'ishah, may Allah be pleased with her, who said: "The Messenger of Allah ﷺ commanded us to slaughter one sheep as 'aqīqah for a girl, and two sheep for a boy." — Narrated by Aḥmad and Ibn Mājah.
The imperative in these narrations is understood to denote recommendation rather than obligation, based on the ḥadīth of 'Amr ibn Shu'ayb, on the authority of his father, on the authority of his grandfather, who said: The Messenger of Allah ﷺ was asked about the 'aqīqah, whereupon he said: "Allah does not love 'uqūq" — as though he disliked the name itself — and then said: "Whoever has a child born to him and wishes to offer a sacrifice on their behalf, let them do so: two equivalent sheep for a boy, and one sheep for a girl." — Narrated by Aḥmad and Abū Dāwūd.
The legal inference drawn from this narration is that the Prophet ﷺ linked the slaughter to the wish and willingness of the individual, saying: "whoever wishes to offer a sacrifice... let them do so" — thereby indicating that the 'aqīqah is recommended (mustaḥabb) and not obligatory (wājib).
And Allah Almighty knows best.

Is it permissible for women to attend Tarawih prayer in the mosque?

Yes, it is permissible for women to attend Tarawih prayer in the mosque, provided they observe modesty, proper covering, and avoid mixing with men.
The Prophet ﷺ said: "Do not prevent the female servants of Allah from the mosques of Allah." [Bukhari and Muslim]

See More