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Resolutions of Iftaa' Board

Resolution No.(90): “Ruling on the Condition Set by the Endower“

Date Added : 02-11-2015

 

Resolution No.(90) by the Board of Iftaa`, Research and Islamic Studies:

“ Ruling on the Condition Set by the Endower “

Date: 20/6/1426 AH, corresponding to 27/7/2005 AD.

 

 

 

Question: 

What is the ruling of Sharia on registering a charitable endowment document of lands No.(279-51) for building a mosque and its annexes over the basement which contains stores and warehouses established on the above lands . This is provided that the ownership of these stores and warehouses remains to the endower`s offspring- if there is any- his wife, or wives-if there is any- then to the Ministry of Endowments and Islamic Sites,  as a charitable endowment for the sakes of Allah?

Answer: All success is due to Allah.

The Board is of the view that the above mentioned is permissible, and the condition of the endower is permissible as well since it is as binding as the provisions of Sharia, and since it brings benefit to the endowment itself. And Allah Knows Best.

 

 

Iftaa` Board
Chairman of the Iftaa` Board, Chief Justice, Izzaldeen Al-Tamimi
Dr. AbdulMajeed Al-Salaheen
Dr. Yousef Ghyzaan
Dr. Wasif Al-Bakhri
Dr. Abdukareem Al-Khasawneh
Sheikh Sae`id Hijjawi
Sheikh Nae`im Mujahid

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Summarized Fatawaa

What is the ruling on preparing food for someone who is not fasting in Ramadan?

It is forbidden to prepare food for someone who is breaking their fast without a valid excuse in Ramadan.
Doing so would be assisting in sin, and assisting in sin is itself a sin.
Allah says {what means}: "but help ye not one another in sin and rancour" [Al-Mai`dah/2]

What is the Islamic ruling on breaking the bones of the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah not to break the bones of the 'aqīqah. Rather, each bone should be separated at its joint — as a good omen and expression of hope for the soundness and wholeness of the newborn's limbs. However, if one does break the bones, it is not considered disliked (makrūh) — it is simply regarded as contrary to what is preferable (khilāf al-awlā). And Allah Almighty knows best.

I broke my oath and am now obligated to pay the expiation for a broken oath (kaffārat al-yamīn). Would it be valid to fulfill this by inviting the poor and needy to a meal for them to eat from?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
The expiation for a broken oath (kaffārat al-yamīn) is given to the poor (fuqarā') and needy (masākīn), and it must be given in the form of ownership (tamlīk) transferred to them of the required amount — namely, one mudd of the staple food of the locality, or its equivalent monetary value. It isn`t valid to invite the poor or needy to a meal prepared for them to eat from, as this does not constitute "ownership" (tamlīk) but merely "permission to partake" (ibāḥah).
Imam al-Shirbīnī (may Allah have mercy on him) said: "What is intended is that ownership be transferred to them; therefore, providing them with lunch or dinner [as a meal to eat from] isn`t valid." [Summarized from Mughnī al-Muhtāj,Vol. 5/P.50]. And Allah the Almighty knows best.

Is Zakah (obligatory charity) due on articles of merchandise even if they were stacked in the merchant`s stores for years?

Yes, Zakah is due on goods even if they were stacked in merchant`s stores for years, in this manner Islam struggle against monopoly.

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