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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

Are school exams a valid excuse for breaking the fast in Ramadan?

School and university exams are not considered a valid excuse for breaking the fast, as most students take their exams while fasting without experiencing extreme hardship. Fasting does not conflict with exam preparation, and a Muslim seeks strength in obedience to Allah for both worldly and spiritual matters.

What is the ruling on one who vows to fast a specific or non-specific year? Are the two Eids, the days of Tashreeq, Ramadan, and the days of menstruation and postnatal bleeding included in them? And do these days break the consecutiveness if it was intended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone makes a vow (Nadr) to fast a specific, designated year, this vow does not include the days of Eid, the days of Tashreeq (the three days following Eid al-Adha), Ramadan, or the days of menstruation (Hayd) and postnatal bleeding (Nifas). Furthermore, there is no requirement to make up (Qada) these specific days.
 
However, if someone vows to fast a year that is not specifically designated (i.e., any twelve-month period) and stipulates that the fasting must be consecutive, they are bound by that condition. They must not fast on the days of Eid, during Ramadan, or during menstruation, but they are required to make up these days afterward—with the exception of the days of menstruation and postnatal bleeding, which do not need to be made up.
 
It is stated in Hashiyat al-Bajuri ‘ala Sharh Ibn Qasim ({Vol.2/P.606): 'If one vows to fast a specific year, the Eid, Tashreeq, Ramadan, and days of menstruation or postnatal bleeding are not included. This is because Ramadan does not accept any fast other than its own, and the others do not accept fasting at all. Therefore, they do not enter into the vow, and no makeup is required for them because they are legally excluded—contrary to Al-Rafi’i regarding menstruation and postnatal bleeding.
 
If one vows to fast a non-designated year: if they stipulated consecutiveness (Tatuabu’) in their vow, they must fulfill it; otherwise, they are not bound to it. Consecutiveness is not broken by the days that do not enter into the specific year vow (Eid, Tashreeq, Ramadan, menstruation, and postnatal bleeding). However, one must make up the days missed—excluding the time of menstruation and postnatal bleeding—immediately following the end of the year. As for the time of menstruation and postnatal bleeding, it is not made up, contrary to Ibn al-Rif’ah, who argued that it must be made up just like Ramadan.' And Allah the Exalted knows best.

Is it permissible for a woman to uncover her face while performing Umrah (minor Hajj)?

The woman while in a state of Ihram (ritual consecration) is obligated to uncover her face and hands, but at the same time permitted to let her head-covering garment drape from her head down over her face when non-Mahram (i.e., marriageable) men pass by her. And Allah Knows Best.

Is it obligatory to have the intention for each day of fasting, or is one intention sufficient for the whole month?

The intention is obligatory for each day of Ramadan because each day is an independent act of worship separate from the others.
The intention must be made at night before the break of dawn, as the Prophetﷺ said: "Whoever does not intend fasting at night, there is no fast for him." [An-Nasa’i] 
And he also said: "Whoever does not firmly resolve to fast before dawn, there is no fast for him." [At-Tirmidhi, Abu Dawood, and An-Nasa’i]
Whoever wakes up and eats Suhoor while mindful of fasting has made the intention. Likewise, one who firmly intends at any moment during the night to fast the next day has also fulfilled the intention.

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