Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(85): “Ruling on Exemption from the Rent of an Endowed Estate“

Date Added : 28-10-2015

 

Resolution No.(85) by the Board of Iftaa`, Research and Islamic Studies:

“Ruling on Exemption from the Rent of an Endowed Estate“

Date: 26/2/1426 AH, corresponding to 6/4/2005 AD.

 

 

 

 

Question:

What is the ruling of Sharia on the request submitted by the Committee of Mosques and Charitable Projects in which it seeks to be exempted from the rent due on the basement of Abulkasim`s Mosque, which it uses as a rehabilitation centre for the Jordanian young women?

Answer: All success is due to Allah.

The Board is of the view that it is impermissible to exempt the above committee from the rent on permanent basis, and it should be recorded annually so as to ascertain the continuity of the endowed estate. However, it is permissible for the Endowments Council, later on, to relieve that committee from the whole rent or part of it since the committee is using that estate for charitable causes which agrees with the vision and message of the Ministry of Endowments. And Allah Knows Best.

 

 

 

 

The Board of Iftaa`

Chairman of the Iftaa` Board, Chief Justice, Izzaldeen At-Tamimi
Dr. Abdulsalam Al-Abbadi
Dr. Yousef Ghyzaan
Dr. Abdulkareem Khasawneh
Dr. Wasif Al-Bakhri
Sheikh Naei`m Mujahid
Sheikh Sae`id Hijjawi

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Summarized Fatawaa

What is the ruling of islamic law on statutory (legal) interest awarded by a court?
 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for a person in whose favor a judge has awarded statutory (legal) interest to deduct the actual litigation costs incurred in filing and prosecuting the lawsuit from these interest funds.
 
Any remaining balance beyond those actual expenses must be returned to the party upon whom the payment was imposed, provided that party is a specific individual. If, however, the paying party is a public entity or state institution, the remaining amount should be spent on the general public interests of Muslims—such as schools, mosques, roads, and similar public utilities shared by the community—or given in charity (Sadaqah) to the poor and needy. And Allah Almighty knows best.

What is the ruling on forgiving a tenant next month's rent, with the intention of counting it toward zakāh al-māl?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It does not fulfill the obligation to count the rent owed on a house, or a portion of it, in lieu of zakāh. Rather, it is necessary to first transfer ownership of the zakāh amount to the poor person directly; only afterward may he be asked to pay the rent [from that money].
It is stated in ‘Umdat as-Sālik (p. 112): "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]."
We would also remind [the reader] of the ḥadīth of the Prophet ﷺ: "The Muslim is the brother of the Muslim: he does not wrong him, nor does he abandon him [to harm]. Whoever attends to the needs of his brother, Allah, the Mighty and Majestic, will attend to his needs. Whoever relieves a Muslim of a hardship, Allah, the Mighty and Majestic, will relieve him of one of the hardships of the Day of Resurrection. And whoever conceals [the faults of] a Muslim, Allah will conceal him on the Day of Resurrection." (Agreed upon). And Allah, the Exalted, knows best.

Is it permissible for a woman to lead other women in prayer?

Yes, it is permissible for a woman to lead other women in prayer. The most knowledgeable among them in the rulings of prayer should act as the imam. She should stand in the middle of the row, slightly ahead of the others.

What is the ruling on swallowing saliva while fasting?

It is permissible for a fasting person to swallow their saliva because avoiding it would cause undue hardship and excessive strictness in religion. Islam discourages such excessiveness since Allah the Almighty intends ease for His followers and does not intend to put them in hardship.