Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(94): "Ruling on Cancelling A Waqf"

Date Added : 28-10-2015

 

Resolution No.(94) by the Board of Iftaa`, Research and Islamic Studies: 

“Ruling on Cancelling A Waqf“

Date: 3/8/1426 AH, corresponding to 7/9/2005 AD.

 

 

 

Question:

 

I want to take back a piece of land that I have endowed to the Ministry of Awqaf and Religious Sites since my children are living  with me and I have no other property that they can benefit from after my death?

Answer: All success is due to Allah.

The Board has reviewed the Waqf certificate, and after researching and deliberating, it determined that taking back the aforementioned Waqf (endowment) isn`t permissible because Waqf becomes binding once it is concluded, and this is the view of the majority of the Muslim scholars. However, Abu Hanifah believes that a Waqf becomes binding once a judge rules so, or if the person who endows says that it is an endowment effective after my death {a will}. Amongst the evidences that a Waqf is binding and can`t be cancelled are:

 

1- Abu Hurairah (May Allah be pleased with him) reported: "The Messenger of Allah (PBUH) said: "When a man dies, his deeds come to an end, except for three: A continuous charity, knowledge by which people derive benefit, pious son who prays for him."

[Muslim]. Muslims scholars have interpreted” A continuous charity “ as Waqf, and a Waqf can only be a continuous charity once it is binding and can`t be disposed of; otherwise, the meaning of continuity won`t be fulfilled.

2- Ibn Omar (May Allah Be Pleased with both of them) narrated: "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 endowment 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." {Bukhari & Muslim}. In the narration of Bukhari: “Give it in charity (i.e. as an endowment) with its land and trees on the condition that the land and trees will neither be sold nor given as a present, nor bequeathed, but the fruits are to be spent in charity.“ This narration indicates that since the land and trees can neither be sold nor given as a present, nor bequeathed, this applies to the Waqf, in disagreement with the opinion of Abu Hanifah. Abu Yousef { A scholar in Islamic jurisprudence} said:  "Had this Hadith reached Abu Hanifah, he would have adopted it and revoked selling a Waqf."

3- Article three of the justice law states: “ Once the Waqf is concluded in its valid form, the endower`s ownership of it ceases, and the Waqf certificate becomes binding and can`t be cancelled, and the one/ones to whom it is endowed, or others can`t sell, give as a present, mortgage, or bequeath , and this is what a Waqf includes.

4- The judge or the ruler enjoys the authority of settling such dispute” in line with the provisions of the law and keeping the endowed estate as such. On its part, the Jordanian law has stipulated this in clause (A), Article (1243): “After the Waqf is concluded, it can`t be given as a present, bequeathed, or mortgaged, and it gets out of the endower`s possession, and can`t be possessed by others.” And the same point is stated in article (1159) where it reads: “There is neither preemption in Waqf (Shufa`h) nor annexation. “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

Is a person who is in a state of Janabah (major ritual impurity due to having a marital intercourse, ejaculation, menstruation, and post-delivery impurities) sinful if he/she goes about his/her daily life activities in that state i.e. without making Ghusl (ritual bath)?

It goes without saying that a Muslim should always be in a state of ritual purity so as to be able to perform prayers and recite Quran. It is from Sunnah (Prophetic tradition) that a Muslim hastens to make Ghusl from Janabah, but he/she is not sinful in case he/she delayed that provided that he/she doesn`t miss prayers. However, it is permissible for him/her to go about their daily activities while in a state of Janabah, but had better bathe in order not to miss any prayer.

Is everyone obligated to follow the fatwas of his country, and if we adopt the fatwas of scholars of other countries, is it considered a sin?

All perfect praise be to Allah, The Lord of The Wolrds and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.

It is permissible for the person who isn't specialized in Sharia sciences to apply the opinions of renowned scholars whom he trusts ,whether they be from his own country or not ,but if the scholars have different opnions regarding a certain issue/matter, then he must consult someone who is more knowledgeable than himself .It is preferable that you (the questioner) specify the case of your interest ,so that we could give you a more specific answer since some scholars deliver fatwas based on illogical/atypical opinions which should not be applied no matter what .And Allah The Exalted Knows Best.

What is the ruling on reciting the Chapter after Al-Faatihah , and what should a worshiper who forgets it do?

All perfect praise be to Allah, The Lord of The Worlds.                                                                                                                                                                  Any other part of Qur'an that a worshiper reads after Al-Faatihah during the first and the second Rak`ahs is a Sunnah, and forgetting to do so doesn`t nullify prayer, and doesn`t require performing Sujood As-Sahw (prostration of forgetfulness). And Allah Knows Best.

What is the Islamic ruling when parents oblige their son or daughter to divorce or marry, and this actually takes place, although it is against their will?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
When the husband utters the word of divorce, without being forced or threatened, divorce takes place and we recommend that you visit the General Iftaa` Dept. to be given the suitable advice in this regard. And Allah The Almighty Knows Best.