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 are the pillars of fasting?

The pillars of fasting are intention and abstaining from all nullifiers of fasting from dawn to sunset.

What is the ruling on offering an Udhiyah on behalf of another with their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else with their permission, even if the person performing it has not offered a sacrifice for themselves. It is stated in Sharh Manhaj al-Tullab (Vol.5/P.261) by Zakariya al-Ansari: "No one may offer a sacrifice on behalf of another without their permission... as opposed to when permission has been granted." And Allah the Almighty knows best.

Must a woman seek her husband's permission to fast a make up fast (qada)?

● If there is ample time to make up for the missed fasts, a woman should seek her husband's permission before fasting.
● However, if the time is running out—such as when only the remaining days of Sha'ban are sufficient to complete the qada—she does not need his permission and must fast, because Allah’s command takes precedence over the husband's consent.

What is the ruling on having an intention (Niyyah) for every prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Intention (Niyyah) is a pillar (Rukn) without which the prayer is not valid. The worshiper must have an intention for every prayer, meaning they must consciously intend the act of worship they are performing. Its timing must coincide with the opening Takbir (Takbirat al-Ihram). It is not a requirement to utter it verbally; rather, doing so is considered a recommended Sunnah. There are three levels of intention:
 
1-If the prayer is obligatory (Fard): It is mandatory to include the Intent (to pray), the Specification (which prayer, e.g., 'Asr), and the Obligation (recognizing it as a Fard). For example, one should bring to mind or say: 'I intend to pray the Fard of 'Asr.'
 
2-If it is a voluntary prayer restricted by a specific time or cause (Sunnah Muqayyadah): It is mandatory to include the Intent and the Specification. For example: 'I intend to pray the Sunnah before Zuhr' or 'I intend to pray Duha.'
 
3-If it is an absolute voluntary prayer (Nafl Mutlaq): It is sufficient to simply have the Intent to pray. For example: 'I intend to pray.'
 
And Allah the Exalted knows best.