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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 menstruating woman to recite the Quran from the computer without actually touching the Quran?

It is not permissible for a woman in her menstrual period, or in postpartum to recite the Quran, even by heart, or without actually touching the Quran itself. Recitation itself is what is prohibited on her regardless of how it is done. However, it is permissible for her to surf through the Quran by her eyes, or to recall it in her head without uttering the words. There is no harm for her to look at the Quranic verses on the computer without touching it, or to utter the words as this is called looking not reciting or reading.

Should one obey his mother even if she was wrong?

Obeying one`s mother is an obligation in matters that are beneficial to her and so long as she didn't drive her children to commit an act of sin.

I had my menstrual period at the beginning of Ramadan for six days, then it ended and I became pure. After four days, I started noticing some blood again, which has lasted for two days now, but it is not as heavy as menstrual blood. Is this blood considered menstrual blood, and what is the ruling regarding my prayers, fasting, and reading the Quran during this period?
 

All praise is due to Allah, and peace and blessings be upon our Prophet Muhammad.
The minimum duration of menstruation is one day and one night, and its maximum is fifteen days. Any blood beyond this period is considered irregular bleeding (Istihada). Since the bleeding did not exceed fifteen days, it is considered menstrual blood within the regular cycle. Therefore, you should not pray or fast until the bleeding stops and the signs of purity appear. If the bleeding stops before fifteen days from when it first started, then all the blood you saw is considered menstrual blood, and you must make up the fasts, but not the prayers. If it exceeds fifteen days, then the first six days are menstrual blood, and the blood that follows is considered irregular bleeding. Your prayers and fasting are valid, and there is no issue with them. And Allah Knows Best."
 
*This answer was updated on [18/5/2023].

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (Sura,2/verse,228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers

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