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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

 

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Summarized Fatawaa

Is it incumbent on a father to cover the marriage costs of his son if the latter couldn`t afford them?

The son should seek the help of his relatives in order to convince his father to do the aforesaid, and the father should make sure that his son doesn`t commit fornication through helping him to get married, and Allah will reward him for doing so.

Does the fast become invalid if water from rinsing the mouth reaches the stomach while performing ablution?

If water reaches the stomach without the fasting person exceeding normal rinsing or being excessive, their fast remains valid.
However, if they exceed the normal practice or exaggerate in rinsing, causing water to enter the stomach, their fast is invalid.
This is because excessiveness in rinsing is prohibited for a fasting person, as the Prophetﷺ said: "Exaggerate inhaling water during ablution, except when you are fasting." [Narrated by the Four Imams]
Transgression (Ta‘addi) refers to rinsing the mouth more than three times, while exaggeration (Mubalaghah) includes gargling, drawing water deep into the nasal passages, or filling the mouth with water in an unusual manner.

What is the ruling on Jumu‘ah (Friday) prayer for a traveler, and what are the conditions for it to be waived from him?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Jumu‘ah (Friday) prayer is not obligatory upon a traveler, whether on a long or short journey, provided that — according to the Shāfi‘ī school — he departs from his place of residence before the time for Fajr prayer begins, and that he does not intend to stay in the place he travels to for four days or more, excluding the day of arrival and the day of departure. If he intends to stay longer than that, he may not make use of the travel concession simply by arriving in that town. If he begins his journey after the adhān for Fajr has already been called, then Jumu‘ah prayer remains obligatory upon him, whether in his own town or in any town where Jumu‘ah is being held.
It is stated in Bushrā al-Karīm (Vol.1/p.383), from the books of the Shāfi‘ī school: "Jumu‘ah [prayer] is not obligatory upon a traveler on a permissible journey, whether long or short, if he departs from his place of residence before Fajr."
A "short journey" refers to travel covering a distance shorter than that of a long journey — that is, less than (81 km). The traveler begins to be entitled to travel concessions once he passes beyond the built-up limits of his town. And Allah, the Exalted, knows best.

What is the ruling on someone who fasts but does not pray?

A Muslim must be diligent in fulfilling all obligations, and after the Shahadah, prayer is the most important duty.
● If someone abandons prayer out of disregard, they are considered a disbeliever, and their fasting is not accepted.
● If they abandon prayer out of laziness, they are still a Muslim, and their fasting remains valid, but they have committed a grave sin by neglecting prayer.

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