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Resolutions of Iftaa' Board

Resolution No. (210): "Ruling on Investing Part of the Waqf for its Benefit"

Date Added : 05-10-2015

Resolution No. (210) (23/2014) , by The Board of Iftaa', Researches and Islamic Studies:

"Ruling on Investing Part of the Waqf for its Benefit"

Date: 6/RabieAl-Awwal/1436, corresponding to 28/12/2014.

 

Praise be to Allah; and may His blessings and peace be upon our Prophet Mohammad and upon all his Family and Companions.

The Board of Iftaa`, Research and Islamic Studies reviewed in its fourteenth session, Sunday(6/ Rabie Al-Awwal/1436)=(28/12/2014), the letter of His Excellency, the Secretary General of the Ministry of Endowments, and it reads as follows:

I hereby enclose the certificate of the charitable endowment (Waqf) of  lot No.(135)-(5) from Tla` Al-Ali lands {Waqfia of the schools of the Sheikh of Martyrs, Umar Al-Mokhtar }. Kindly clarify the ruling of Islamic Sharia` in what follows:

1- Investing a part of this endowed lot for the purpose of covering the expenses of the school and the orphan students who dwell in it.

2- Spending from the revenues of this investment on the orphans whose guardians refuse to allow them  stay the night at the school or to cover the expenses of their study.

3- Admitting other students in return for paying the tuition, so as to integrate the orphans with their peers, and secure an additional source of financing to the Waqf.

After careful study and deliberation, the board decided the following:

There is no harm in investing a part of the endowed lot, referred to above, for spending on the school, Muslim-orphan students and  sons of martyrs since the certificate of this endowment has stipulated dedicating it for the welfare of these categories, so the revenues of the invested part are included in this stipulation, and putting this stipulation into effect is adhering to the condition set by the Waqif (endower), and there is no harm in doing so.

However, we recommend adherence to making  Muslim orphans and sons of martyrs a priority, so only a certain number of other students should be allowed into the school i.e. that which fulfills the necessary benefit of the above categories, and provided that other students pay the full fees, and these are to be used in meeting the stipulation of the endower. This way, conditions for the permissibility of  disposing of this Waqf, according to the form mentioned in the above question, are met. And Allah Knows Best..

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

Dr. Hayil Abdulhafeez/ Member

Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa/ Member

Dr. Moh. Al-Qodah/ Member

Dr. Wasif  Al-Bakri/ Member

Dr. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

Is it permissible to appoint a proxy for the sacrificial offering outside Jordan?

In the name of Allah; all praise is due to Allah, and peace and blessings be upon the Messenger of Allah.
 
It is permissible to appoint a proxy—whether an individual or a charitable organization—to perform the sacrificial slaughter (Udhiyah) on one’s behalf, even if it is carried out in a country other than that of the donor. This is conditional upon the proxy’s adherence to the established requirements of the Udhiyah, including the animal’s age, its freedom from physical defects, the designated timing of the slaughter, and the proper distribution of the meat.
However, it is preferable for the one offering the sacrifice to perform the slaughter personally, in order to attain the full reward and blessings of the act. And Allah (Exalted be He) knows best.

What is the ruling on giving the expiation of an oath (Kaffarat al-Yamin) to a charity that feeds the poor?

 

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

It is allowed for a Muslim to appoint a proxy (agent) to distribute the expiation (Kaffarah) on their behalf. Our jurists have explicitly stated the permissibility of delegation (Tawkil) in the distribution of Zakat, Kaffarah, and vows (Nadr).

It is stated in Mughni al-Muhtaj (Vol.3/P.237): 'One has the right to pay the Zakat of their wealth personally... and they also have the right to delegate it.' And Allah the Exalted knows best.

Is it enough to say Tasbeeh (Saying Subhaana Rabbiya Al-‘Atheem during Rukoo`, and saying Subhaana Rabbiya Al-A‘laa during Sujood ) once, or twice during Rukoo`(Bowing in prayer) and Sujood (Prostration)?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                                  Yes, saying Tasbeeh once during Rukoo` and Sujood is enough, provided that the worshiper`s attentiveness of the heart isn`t undermined during each. As regards the recompense, it depends on the number of Tasbeeh. And Allah Knows Best.

Is it permissible to give to the poor from among the People of the Book from the Udhiyah?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to give to the poor among the People of the Book from a voluntary sacrifice (uḍḥiyyat taṭawwuʿ), just as it is permissible to give charity (ṣadaqah) to them. This opinion is a view (wajh) within the Shāfiʿī school, which was favored by al-Muḥibb al-Ṭabarī and Imam al-Nawawī. [See: Ḥāshiyat Ibn Qāsim al-ʿAbbādī ʿalā Tuḥfat al-Muḥtāj (Vol.9/P.365)]. And Allah Almighty knows best.

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