Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

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

What is the ruling on using bank cards such as Visa and MasterCard?

All perfect praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upo all of his family and comapnions.

It is permissible to use such cards in accordance with the following conditions : 1- The issuing body does not stipulate collecting interest upon late payments. 2- The merchant does not increase the price of the goods due to an increase in the commission collected from him by the card issuer.3- The purchased item(s) should not be gold , silver or currency in case the card is not covered. And Allah Knows Best.

Is it a condition that the meat of the Eid sacrifice should be distributed in order for the sacrifice to be accepted by Allah?

The poor and needy should be given from that sacrifice , even if it be a small portion,(One kilo for example) as raw meat so that they would cook it the way they want. The remainder of that sacrifice is either distributed, eaten, or offered to people in a banquette .

What is the Ruling on Reciting the Prophetic Narration?

 All Perfect Praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.
Reciting the Prophetic narration is permissible as many scholars used to, since in principle, the rulings of recitation have to be observed while speaking Arabic language. And Allah Knows Best.

Should one fulfill his vow of donating an animal to the poor and needy with one sheep although he had repeated the vow several times?

Each vow has to be fulfilled, and repeating the words of the same vow for confirmation renders its fulfillment obligatory as one vow. As for multiple vows, they have to be fulfilled as well.