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Resolutions of Iftaa' Board

Resolution No. (332): "Ruling on Leasing Part of Land Designated for Burial"

Date Added : 26-03-2026

Resolution No.: (332) (3/2026): " Ruling on Leasing Part of Land Designated for Burial"

 Date: (19/ Ramadan/ 1447 AH), corresponding to (March 9, 2026 AD)

Praise be to Allah, Lord of the Worlds, and peace and blessings be upon our Master Muhammad, and upon all his family and companions.

The Board of Iftaa’, Research, and Islamic Studies, in its third session held on the above date reviewed the inquiry submitted by His Excellency the Minister of Awqaf and Islamic Affairs and Holy Places, His Eminence Dr. Muhammad Al-Khalayleh, which states:

With reference to the lease application for land plot No. 705, Basin 28 (Eastern Al-Tarabil), Al-Salihiyya Village/ Mafraq Governorate, with an area of 139,935 dunums, which was designated by the Kingdom's Treasury to the Ministry of Awqaf to be used as a cemetery. I kindly request your Eminence to clarify the Sharia ruling regarding leasing a portion of the aforementioned land for agricultural purposes, given its large size and the fact that it contains only four old graves. Currently, it is not being used for burials due to its distance from urban areas and the lack of service roads. Furthermore, leasing it will not hinder its future use for burials. Attached for your Eminence are the inspection report and documents for the land plot."

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

The obligation regarding land designated by the General Treasury is to ensure its utilization for the general interests of Muslims in the most complete and optimal manner. If the land is designated for burial, it should originally remain for that purpose. However, there is no religious objection (Mani') to utilizing a portion of it by leasing it until it is needed for burial. This is to ensure that its rental income benefits the endowment (Awqaf) interests and that no potential revenue is lost. The governing Sharia principle in this matter is the "Consideration of Interests" (Mura’at al-Masalih) as much as possible within the intent of the designator. And Allah the Exalted 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 Al-Kilani/ Member

Sheikh Sa`eid Al-Hijjawi/ Member

Dr. Atif Al-Qhodah/ Member

Judge Fares Foraihat/ Member

Prof. Adam Nooh Al-Qhodat/ Member

Dr. Amjad Rasheed/ Member

Prof. Waleed Al-Shaweesh/ Member

Dr. Mohammad Younis Al-Zou`bi/ Member

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Summarized Fatawaa

I bought an apartment, and I am saving money to pay the remaining balance of its price — is zakāh obligatory on this money?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh is obligatory on all saved/hoarded wealth. Once the total wealth reaches the niṣāb (minimum threshold liable for zakah— equivalent to the value of 85 grams of pure 24-karat gold) and a full ḥawl (lunar year) has elapsed over it, zakāh becomes obligatory at a rate of (2.5%) — even if the wealth is earmarked for basic future needs, and even if the wealth's owner is in debt. Debt does not prevent the obligation of zakāh, nor is it deducted when calculating the zakāh due, based on the general and unrestricted wording of all the Qur'anic verses commanding zakāh, which draw no distinction between someone in debt and anyone else.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone possesses exactly the niṣāb, and owes an equivalent amount in debt, zakāh remains obligatory on what is in his possession, and the debt does not prevent this obligation" — meaning, the obligation of zakāh on what is presently in his possession.
The ḥawl (annual cycle) recognized for zakāh, as well as for the other sharī‘ah obligations that Allah, the Exalted, has imposed upon Muslims, is the Hijrī (lunar) year. And Allah, the Exalted, 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.

What is the ruling on a woman using contraception without her husband's knowledge if he is mistreating her?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the Almighty knows best.

Is it permissible for a wife to give her money to her family as a charity, or a gift without asking her husband, or seeking his consent?

The wife has the right to give her money as a charity, or a gift to her family, or to other people after consulting her husband out of respect, and this is the meaning of treating on footing of kindness and equity. Therefore, if he wanted to stop her from helping her family, then there is no harm in not telling him.

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