Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(67): “Ruling on Dividing Land in Accordance with Tameem Ad-Dari`s Endowment“

Date Added : 02-11-2015

 

Resolution No.(67): "Ruling on Dividing Land in Accordance with Tameem Ad-Dari`s Endowment"

Date: 23/5/1424 AH corresponding to 23/7/2003 AD.

 

The Board received the following question:

How to divide an inherited plot of land {Waqf Tameem Ad-Dari type} amongst eligible heirs, taking into consideration that it is located within the borders of Al-Khalil Municipality. Is it possible to divide it according to Sharia, or the Ottoman Land Code?

Answer: All success is due to Allah.

After deliberation, the Board is of the view that the revenue of the aforementioned plot and the structure on it is to be divided according to Sharia, and not the Ottoman Land Code. This is because it isn`t a miri land stated in the Ottoman Land Code, rather, it is registered as an endowment of Tameem Ad-Dari`s type, located within the borders of Al-Khalil Municipality. And Allah Knows Best.

 

  Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi

                    Dr. Mohammad Abu Yahia     

             Dr. Ahmad Hilayil       

                         Sheikh Mahmoud Shwayyaat

                    Dr. Abdulsalam Al-Abbadi

             Dr. Yousef Gheezaan

         Dr. Wasif Al-Bakhri

            Sheikh Saeid Hijjawi

                 Sheikh Na`eim Mujahid

 

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Summarized Fatawaa

What is the amount of food to be given to a needy person for fidyah and kaffarah?

The amount of food to be given to a needy person is 600 grams of wheat or rice.
According to the Hanafi school, it is permissible to give the monetary equivalent instead, and this is the ruling issued by the General Iftaa` Department.

What is the ruling on performing Tahajjud after the Witr?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for one who has prayed the Witr to perform voluntary (Nafl) prayers after it. However, it is preferable for the Witr to be the final prayer of the night. Therefore, if a person is confident that they will wake up during the night for Tahajjud, it is recommended for them to delay the Witr until after the Tahajjud. Conversely, if one fears they may not wake up, they should perform the Witr before sleeping.
 
Al-Khatib al-Shirbini (may Allah have mercy on him) stated: 'It is not disliked (Makruh) to perform Tahajjud after the Witr, but it is not recommended to do so intentionally.' [Mughni al-Muhtaj, Vol. 1/P.454]. And Allah the Exalted knows best."

 

 

Is it permissible to combine Zuhr and Asr prayers for being occupied with a wedding ceremony?

No, it isn`t permissible to combine Zuhr and Asr, or Maghrib and Isha because of being busy with a wedding since the exemption for combining prayers is based on lawful excuses, and this isn`t one of them. And Allah Knows Best.

What is the ruling of Islamic Law on Making up Prayers Missed before Reaching Puberty?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Among the conditions for accountability for one's actions in the Hereafter is taklīf (religious legal responsibility) — meaning, possessing sound reason and having reached puberty. The signs of puberty are: nocturnal emission, menstruation, or reaching the age of fifteen [lunar years].
Whoever missed prayers before reaching puberty is not obligated to make them up, since taklīf did not yet apply to him at that time. Our master, the Prophet ﷺ, said: "The pen has been lifted from three: from the child until he reaches puberty, from the sleeping person until he wakes, and from the insane person until he regains sanity." [Related by Abū Dāwūd]
The method for making up missed prayers and fasts has already been explained in Fatwa No. 2705, and Fatwa No. 876. And Allah, the Exalted, knows best.