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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(170)"Ruling on Benefiting from what Remains from the Lands Endowed for Building Mosques after Fulfilling the Purpose for which they were Endowed"

Date Added : 27-10-2015

Resolution No.(170)(11/2011) by the Board of Iftaa`, Research and Islamic Studies: "Ruling on Benefiting from what Remains  from the Lands Endowed for Building Mosques after Fulfilling the Purpose for which they were Endowed"
Date: 25/9/1432 AH, corresponding to 25/8/2011 AD.

 

Praise be to Allah, peace and blessings be upon   Prophet Muhammad and upon His Family and companions.

During the above given date, the Board reviewed the question of the Director General of the Awqaf Funds Development Foundation, which reads as follows:
What is the ruling of Sharia on investing the remaining part of the plots of land which were endowed for building mosques after having built them?
After prolonged deliberation, the Board decided what follows:
Muslim jurists are of the view that a Waqf(an endowment) is neither to be sold, given as a present nor bequeathed; rather, it should be spent on any charitable field that it is endowed for and that( the condition set by the donor is tantamount to the stipulation made by the law-giver).
This is emphasized by the texts of Sharia, such as the following narrations:" When `Umar got a piece of land in Khaibar, he came to the Prophet (PBUH) saying, "I have got a piece of land, better than which I have never got. So what do you advise me regarding it?" The Prophet (PBUH) said, "If you wish you can keep it as an endowment to be used for charitable purposes." So, `Umar gave the land in charity (i.e. as an endowments on the condition that the land would neither be sold nor given as a present, nor bequeathed, (and its yield) would be used for the poor, the kinsmen, the emancipation of slaves, Jihad, and for guests and travelers; and its administrator could eat in a reasonable just manner, and he also could feed his friends without intending to be wealthy by its means."{Related by Bukhari}. Also, Abu Talhah came to Messenger of Allah (PBUH) and said, "Allah says in His Book: 'By no means shall you attain Al-Birr, unless you spend (in Allah's Cause) of that which you love,' and the dearest of my property is Bairuha' so I have given it as Sadaqah (charity) for Allah's sake, and I anticipate its reward with Him; so spend it, O Messenger of Allah, as Allah guides you."{Bukhari and Muslim}.
The majority of the Muslim jurists have defined a Waqf as keeping the endowed thing and using it for charitable purposes. This indicates that a Waqf should be spent on any charitable field that it is endowed for in line with the condition set by the donor. Therefore, if his condition was fulfilled and part of the endowed land remained, then it is permissible to invest that part for the benefit of the Waqf.
Accordingly, it is permissible to invest the parts of the lands which were endowed for building mosques after having built them.
However, mosques built on these lands should meet the following conditions:
First: The donor hasn`t  clearly stipulated using his land for a purpose other than building a mosque.
Second: The revenue of the investment should be to the benefit of the Waqf .
Third: The investment shouldn`t affect the use of the mosque and its expansion in the future. And Allah knows best.

 

Chairman of the Iftaa` Board :
The General Mufti of The Hashemite Kingdom of Jordan:His Eminence , Abd Al-Kareem Al-Khasawneh
Vice Head of Iftaa` Board:  His Eminence Dr. Ahmad Hilayel
Dr.Yahia Al-Botosh/member
His Eminence :Sheikh Sa`id Al-Hijawi/member
Dr. Mohammad Khair Al-Essa/member
His Honor : Judge Sari Attieh/member
.Dr.Abdulrahman Ibdaah/member
Dr.Mohammad Oglah Al-Ibrahim/member
Dr.Abdulnasir Abulbasal/member
Dr.Mohammad Al-Zo`bi/member
Dr.Mohammad Al-Gharaibeh/member
Executive Secretary of Iftaa`Board:Sheikh Mohammad Al-Hinaiti

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Summarized Fatawaa

What is the ruling on fasting for those with diabetes, heart disease, high blood pressure, kidney disease, or ulcers?

● A sick person who is completely unable to fast is exempted from fasting and must offer fidyah (feeding a needy person), as Allah Almighty says {what means}: "and [in such cases] it is incumbent upon those who can afford it to make sacrifice by feeding a needy person." [Al-Baqarah/184]. They are not required to make up for the missed fasts.
● A sick person who can fast on some days but not others should fast when able and make up the missed days after Ramadan when possible. No fidyah is required in this case.
● If fasting during the long, hot summer days is too difficult for a sick person, but they can make up the fasts during the shorter, cooler winter days, they should break their fast and make up for it when they are able, without fidyah.

What is the Islamic ruling on one who was unable to fast and then regained the ability?

 
He is not required to make up the fast (Qada) even if he becomes capable of it; whether he regained the ability to fast after paying the fidya (feeding a needy person for each day of missed fasting) or before it, because he was liable for paying it in the first place, so it remains binding upon him. However, if he delayed paying it beyond the first year, nothing is required of him due to the delay. If he is unable to pay it, it does not remain as a debt upon him. And Allah the Exalted knows best.

Does post-natal bleeding (Nifas) stop before forty days after childbirth?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Yes, post-natal bleeding (Nifas) can cease before the completion of forty days. If the bleeding stops completely and its return is not expected, the woman has attained ritual purity (Taharah), even if forty days have not yet passed. And Allah the Exalted knows best.

Does an internal medical examination for a woman affect her fast?

An internal medical examination for a woman invalidates the fast because it involves the entry of a foreign object into the body cavity (jauf) while fasting.
In this case, the woman must refrain from eating and drinking for the rest of the day out of respect for Ramadan and make up for the missed fast after Ramadan.
Such an examination should be avoided in Ramadan and other months unless absolutely necessary, as exposing the private parts is only permissible in cases of necessity.
If necessary, a woman should seek a Muslim female doctor first. If one is unavailable, she may see a female doctor from the People of the Book (Jews and Christians). If neither is available, she may consult a trustworthy and competent Muslim male doctor.

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