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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 meaning of the Prophetic statement that a boy is held in pledge (murtahan) for his 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The first interpretation: That if the boy dies in infancy without an 'aqīqah having been performed on his behalf, he will not intercede for his parents on the Day of Resurrection. This is the position of Imam Aḥmad ibn Ḥanbal, and Imam al-Khaṭṭābī concurred with him, stating: "The finest of what has been said regarding this matter is the position adopted by Aḥmad ibn Ḥanbal." — [Fatḥ al-Bārī by Ibn Ḥajar,{Vol.9/P.594]
The second interpretation: That the child is likened to a pledged object (marhūn) — one from which full benefit and enjoyment cannot be derived until it is redeemed. A blessing is only made complete upon the one blessed when they fulfil the obligation of gratitude (shukr), and the prescribed expression of gratitude for this particular blessing is what the Prophet ﷺ established as Sunnah — namely, the slaughtering of the 'aqīqah on behalf of the newborn as an act of thankfulness to Allah the Almighty and as a supplication for the wellbeing and safety of the child. This is the position of Mullā 'Alī al-Qārī. See: [Mirqāt al-Mafātīḥ Sharḥ Mishkāt al-Maṣābīḥ, Vol.7/P.2688]
And Allah Almighty knows best.

Is it permissible for a mother to stop her daughter from marrying a respectable, God-fearing young man because he isn't college/university graduate?

It is impermissible to deny a woman her right in getting married except for a lawful reason, and problems can be solved through dialogue. However, she can file a suit in order for the judge to have a say in that regard.

What is the ruling on a person in a state of major impurity (junub) or a menstruating woman (ha'id) reciting the Quran from memory?

It is not permissible for a menstruating woman, a postpartum woman, or a person in a state of major impurity to recite anything from the Quran, whether from memory, from the Quran, from a phone, or a computer. It is also not permissible for them to touch the Quran, based on what was reported from Ali bin Abi Talib that the Prophet (peace be upon him) was not prevented from anything regarding the Quran except major impurity (janabah). (Reported by al-Tirmidhi who said it is a hasan sahih hadith). Menstruation and postpartum bleeding are analogous to major impurity (janabah) as they are all major impurities (hadath akbar).
For those mentioned, it is permissible to mention Allah and supplicate even with verses from the Quran, provided they do not intend them as recitation of the Quran, but intend them as remembrance (dhikr) or supplication (du'a). And Allah the Almighty knows best.

Does undergoing an endoscopy during the day in Ramadan affect the validity of fasting?

Undergoing an endoscopic procedure during the day in Ramadan—whether through the mouth, nose, front private part, or back private part—invalidates the fast.
Whoever undergoes such a procedure must refrain from eating and drinking for the rest of the day out of respect for the sacred month and make up for that day after Ramadan.

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