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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

What is the ruling on the ablution of one who touches women prohibited to him by a temporary prohibition (mahram bi-hurma mu'aqqata)?

It is prohibited to touch a woman who is temporarily prohibited (meaning one whom it becomes permissible to marry after the impediment is removed, such as the wife of a brother or paternal uncle). Touching her without a barrier invalidates ablution. And Allah the Almighty knows best.

What is the ruling of Islamic Law on kissing while fasting?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is prohibitively disliked (makrūh taḥrīman) for a husband to engage in foreplay with or kiss his wife during the daylight hours of Ramaḍān if doing so stirs his desire. If pre-seminal fluid (madhī) is released as a result, the fast is not invalidated; however, if seminal fluid (manī) is released, the fast is broken.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, stated: "It is prohibitively disliked to kiss — whether on the mouth or elsewhere — for one whose desire is stirred, whether man or woman, to the extent that he fears it may lead to intercourse or ejaculation. Embracing, touching, and similar acts without a barrier carry the same ruling as kissing in this regard, because such acts expose the act of worship to being corrupted — and as the two Ṣaḥīḥs record: 'Whoever circles around a protected boundary is liable to fall into it.'"
He further added: "It is preferable for one whose desire is not stirred — even if he is a young man — to refrain from such acts as well, so as to close the door entirely. For he may believe his desire has not been aroused when in fact it has. Moreover, it is Sunnah for the fasting person to abstain from all desires without exception." — Summarised with minor adaptation from [Mughnī al-Muḥtāj]. And Allah the Almighty knows best.

Is a wife considered divorced if her husband refused to go to bed with her (for sexual intercourse) for two months?

A wife doesn`t get divorced no matter for how long her husband refuses to have sex with her, and she had better go to court.

What are the Sunnahs and etiquettes recommended for the person offering the Udhiyah?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
There are several Sunnahs (prophetic traditions) and etiquettes that are highly recommended for the person offering an Udhiyah (sacrificial offering) to observe:
 
First:
It is a Sunnah for anyone intending to offer a sacrifice to refrain from cutting or removing any of their hair or nails once the first ten days of Dhul-Hijjah begin. This is based on the statement of the Prophet (peace and blessings be upon him): "When the ten days [of Dhul-Hijjah] begin and one of you intends to offer a sacrifice, let him not touch any of his hair or skin." (Narrated by Muslim)
 
However, if someone does happen to remove any hair or nails, they have not committed a sin, and their sacrifice remains perfectly valid.
 
Second:
The person offering the sacrifice should ideally slaughter the animal themselves. If they are unable to do so, they should at least witness its slaughter. This is drawn from what our Master, the Messenger of Allah (peace and blessings be upon him), said to Lady Fatima (may Allah be pleased with her):
 
"Stand up and witness your sacrifice, for with its very first drop of blood, every sin you have committed will be forgiven." (Narrated by Al-Tabarani in his Mu'jam, Al-Hakim in his Mustadrak, and Al-Bayhaqi in his Sunan)
 
Third:
Face the Qiblah (the direction of prayer) at the time of slaughtering, as the Qiblah is the most honorable of directions.
 
Fourth:
Pronounce the name of Allah (Tasmiyah) at the moment of slaughter by saying: "Bismillah ar-Rahman ar-Rahim" (In the Name of Allah, the Most Gracious, the Most Merciful). Even if one forgets to say it, the meat remains lawful (Halal) to eat. Allah, Blessed and Exalted is He, says:
 
"So eat of that [meat] upon which the name of Allah has been mentioned." (Al-An'am: 118)
 
It is also recommended to send blessings upon our Master, the Messenger of Allah (peace and blessings be upon him), and to follow it with the Takbeer (Allahu Akbar).
 
Fifth:
Supplicate for acceptance by saying: "Allahumma hadhihi minka wa ilayka, fa-taqabbal minni" (O Allah, this is a blessing from You and is offered back to You, so please accept it from me). This means: This sacrifice is a blessing that originated from You, and I am offering it to draw closer to You. And Allah the Almighty Knows Best.

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