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Resolutions of Iftaa' Board

Resolution No.(318): "Ruling when the Donor Stipulates Replacing the Waqf with another"

Date Added : 08-01-2023

Resolution No. (318), By The Board of Iftaa, Researches and Islamic Studies:

"Ruling when the Donor Stipulates Replacing the Waqf with another"

Date: (21 Jumada al-Ula, 1444 AH), corresponding to (15/12/2022 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 fifteenth meeting held on the above date, the Board of Iftaa` reviewed the letter sent from His Excellency the Minister of Awqaf and Islamic affairs Dr. Mohammad Al-Khalayleh. It read as follows:

According to the Waqf deed presented by Mrs. X, she stipulated selling her endowed flat and building a mosque instead. A copy of this deed No.(1/93/5) (5/12/2006) issued by the Sharia Court of Shmesani area has been attached.

From an Islamic perspective, is the condition of this donor considered valid?

After deliberating, the Board decided what follows:

If the endower stipulated replacing the Waqf (Religious endowment) with another, through buying, selling or direct replacement, then this is approved on the level of fatwa and the judiciary based on the view of the Hanafi jurists who said that in such case the condition of the endower is considerable. It was mentioned in [Al-Fatawa Al-Hindiyah] and other Hanafi books: "If the endower said: "This land of mine is a Waqf for charity till the Day of Judgment provided that it is allowed for me to replace it with something else. It is considered a Waqf out of Istihsan (Application of discretion in legal matters) if the second Waqf was bought with the same price of the first. This view was also given in the book [Moheet Al-Sarkhasi]. Moreover, the second Waqf takes the same conditions of the first and there is no need to renew the conditions of the Waqf in the first place. This was also mentioned in [Fatawa Khadi Khan]. In addition, if the endower stipulated replacing the Waqf with another but didn`t specify that the latter should be a piece of land or a house and sold the first Waqf, then he/she is allowed to replace it with a Waqf of the same kind; a land  or a house. Similarly, if the donor didn`t specify a country, then the replacement may take place in the country of his choice. This view was mentioned in [Al-Kholasah]: "If the endower said that he/she should replace the Waqf with a house, then he/she isn`t allowed to replace it with a piece of land and vice-versa."

In conclusion, the Iftaa` Board is of the view that it is permissible to fulfill the condition of the endower, sell the abovementioned flat for the highest price, then use that amount to build a mosque instead. And Allah The Almighty Knows Best.

 

Grand Mufti of Jordan, Sheikh Abdulkareem Al-Khasawneh

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mahmoud Al-Sartawi/ Member

Sheikh Sa`eid Hijjawi/ Member

Prof. Amjad Rasheed/ Member

Prof. Adam Nooh Al-Qhodah/ Member

Dr. Jameel Khatatbeh/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Younes al-Zou`bi/ Member

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Summarized Fatawaa

Is it permissible for a young man and a young woman to enter into a covenant as a married couple without having a true seclusion (Khalwah) until their marriage contract is officially concluded?

The relation which isn`t based on a marriage contract is forbidden, and entering into a covenant as a married couple is unaccounted for and is from the evil suggestions of the devil.

Is it permissible for a suitor to go out with his fiancé upon the conclusion of the marriage contract?

Upon the conclusion of the marriage contract, the woman becomes lawful for her husband. However, the customary practice should be observed in this regard since rights could be lost in case of divorce, or death.

What are the key differences between the 'aqīqah and the uḍḥiyyah?

 All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The following are the key differences between the 'aqīqah and the uḍḥiyyah:
First: The 'aqīqah is slaughtered as an act of drawing closer to Allah the Almighty and expressing gratitude for the blessing of a newborn child. The uḍḥiyyah, on the other hand, is slaughtered as an act of drawing closer to Allah and expressing gratitude to Him specifically during the days of slaughter (ayyām al-naḥr).
Second: The 'aqīqah is performed on the seventh day from the birth of the newborn, whereas the uḍḥiyyah is performed on Eid al-Aḍḥā and its time extends for three days after the Eid.
Third: The 'aqīqah is performed once in a lifetime for the newborn, whereas the uḍḥiyyah is recommended every year for the one who is financially capable to offer it.
Fourth: It is Sunnah for the one intending to offer the uḍḥiyyah to refrain from cutting his hair and nails until after he has slaughtered. This is not a Sunnah for the one intending to perform the 'aqīqah.
Fifth: It is Sunnah for the 'aqīqah to be cooked and distributed to the poor in its cooked form. The uḍḥiyyah, by contrast, must be distributed as raw meat. And Allah Almighty knows best.

What is the ruling of Islamic Law on a menstruating woman (ḥā'iḍ) reciting the Islamic ruqyah (Qur'anic/spiritual healing)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is permissible for a person in a state of janābah (major ritual impurity), or a menstruating woman (ḥā'iḍ), or a woman in postpartum bleeding (nufasā'), to recite for the purpose of ruqyah (spiritual/Qur'anic healing), even if this includes some verses of the Noble Qur'an — whether recited from memory or by looking at the Muṣ-ḥaf (the physical copy of the Qur'an) without touching or carrying it — provided that the intention behind the recitation is ruqyah, protection (taḥṣīn), and remembrance (dhikr), not the intention of tilāwah (Qur'anic recitation as an act of worship in itself). This remains permissible even if what is recited is an entire sūrah, such as Sūrat al-Mulk.
Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It is lawful for a person in janābah to utter its [the Qur'an's] remembrances and other content — such as its admonitions, its narratives, and its rulings — so long as it is not with the intention of [reciting] Qur'an. [This is] like his saying upon mounting [a vehicle]: 'Glory be to Him Who has subjected this to us, and we could never have accomplished this [by ourselves]' [Sūrat az-Zukhruf: 13] — meaning, [could never have] been capable of it — or upon a calamity: 'Indeed we belong to Allah, and indeed to Him we shall return'... In fact, my teacher, ash-Shihāb ar-Ramlī, issued a fatwā that even if he recited the entire Qur'an without the intention of [reciting] Qur'an, it would be permissible." [Summarized from Mughnī al-Muḥtāj, Vol. 1/P.217] And Allah, the Exalted, knows best.

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