عربي
Home


Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(329): "Ruling on Exchanging a Waqf "

Date Added : 09-07-2025

Resolution No.(329) (5/2025) "Ruling on Exchanging a Waqf "

Date (27/Dhul-Hijjah/1446 AH), corresponding to (23/6/2025 CE)

 

All praise is due to Allah, the Lord of the Worlds, and peace and blessings be upon our Master Muhammad, and upon his family and companions.

In its fourth session held on the above date, the Board of Iftaa, Research and Islamic Studies considered the letter sent from His Excellency the Minister of Awqaf (Endowments), Islamic Affairs and Holy Sites, Dr. Muhammad Al-Khalayleh. The letter stated: "Attached herewith is a copy of the Awqaf Board`s Resolution No. (4/3/205) (20/3/2025 CE), regarding the request submitted by the heirs of M. H. to exchange the roof of the fuel station on which the Abu Al-Anbiya' Mosque (peace be upon him) is built, located on plot number (115), basin number (45) of Al-Humraniya lands in Amman, with plot number (972), basin number (44) of Umm Suwaywinah lands in Amman. This is due to reasons related to the disapproval of the relevant authorities to renew the license for the station, which is in violation of the regulations, and the mosque's location on top of the station's fuel tanks. I request a clarification of the Sharia opinion regarding the issuance of a document for exchanging the Waqf."

After research, study, and deliberation, the Board resolved the following:

The established principle among jurists is that a Waqf (An endowed property) may not be sold, gifted, or exchanged, because it has passed out of the ownership of the endower, and thus he is not permitted to dispose of it in any way that would nullify its benefit.

Furthermore, if land is endowed and becomes a mosque, thereby acquiring the status of a mosque (Masjidiyyah), it is not permissible to exchange it under any circumstances according to the majority of jurists, due to the permanence of its mosque status. However, some jurists permitted the exchange of a mosque if its intended benefits become impaired, such as it becoming too small for its community and impossible to expand, or due to the dilapidation of the area or neighborhood where it is located.

Accordingly, the Board, after careful consideration, views that, in order to achieve the benefit of the Waqf and the public interest, and to avert the harm and great danger to worshippers and frequenters of the mosque due to its location above a fuel station – a situation that could effectively negate its benefit – there is no sin in exchanging the Waqf. And Allah The Almighty Knows Best.

 

Chairperson of Iftaa` Board

Grand Mufti of Jordan,

Dr. Ahmad Al-Hasanat

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mahmood Al-Sartawi/ Member

Dr. Zaid Ibrahim Al-Kilani/ Member

Sheikh Sa`eid Al-Hijjawi/ Member

Dr. Hasan Makhatreh/ Member

Judge Fares Foraihat/ Member

Prof. Adam Nooh Al-Qhodat/ Member

Prof. Amjad Rasheed/ Member

Dr. Waleed Al-Shaweesh/ Member

Dr. Mohammad Younis Al-Zou`bi/ Member

Decision Number [ Previous | Next ]


Summarized Fatawaa

What is the ruling on a young man and a young woman having a love relation for the purpose of getting married?

It is forbidden for a man and a woman to have any kind of relation whether for marriage, or not because it leads to committing sin. Such relations include: private meetings, mixing, gazing, and seclusion (Khulwa). Accordingly, one who is sincere in his intentions should go to the woman`s guardian and ask for her hand in marriage.

Is the prayer of a woman who is led by an Imam via T.V. permissible?

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.                                                                                                                                                                                                                          Amongst the conditions for the validity of prayer is that both the Imam and those led by him must be in the same place. Thus, the prayer of the person who is being led by a televised Imam is invalid unless he/she was with him in the same mosque. And Allah Knows Best.

 
What is the ruling on the intention of fasting, where is its place, and when is its time?

The intention is a pillar of acts of worship; it is essential, and worship is not valid without it.
Its place is in the heart, and verbalizing it is recommended so that the tongue reminds the heart. Its meaning is to be determined to abstain from nullifiers of fasting during the upcoming day with the intention of worship and obedience to Allah Almighty. This meaning is naturally present in every Muslim on every night of Ramadan, so there is no need for obsessive doubts. If one says, "I intend to fast tomorrow for the sake of Allah," it removes any doubts.
Its time is from after sunset until before the true dawn.

What is the ruling on one who performs ablution or the ritual bath while having nail polish?

Nail polish must be removed before ablution or ritual bath so that water reaches what is beneath it, because it is a barrier that prevents water from reaching that area. This is based on the hadith narrated by Ali (may Allah be pleased with him) from the Prophet (peace be upon him): "Whoever leaves a hair's breadth of his body unwashed from major impurity, such and such will be done to him in the Fire." (Reported by al-Bukhari). And Allah the Almighty knows best.

See More