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

What does "All the deeds of the son of Adam are for him, except fasting" mean?

The Prophet ﷺ said: "Allah, the Almighty, said: 'Every deed of the son of Adam is for him, except for fasting; it is for Me, and I shall reward for it." [Agreed upon]
This means:
● Every deed of the son of Adam may be affected by showing off (riyaa’), except fasting, because only Allah knows whether a person is truly fasting or not.
● The reward for all deeds is known—one good deed is multiplied tenfold—except fasting, as only Allah knows its true reward.

What is the ruling on omitting the prostration of recitation?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The prostration of recitation (Sajdat al-Tilawah) is a Sunnah for both the reader and the listener. There is no sin in omitting it, though doing so results in missing a great reward. Muslim narrated from Abu Hurairah (may Allah be pleased with him) that the Prophet ﷺ said: 'When the son of Adam recites a verse of prostration and prostrates, Shaytan withdraws weeping, saying: "Woe to him! (and in the narration of Abu Kuraib: "Woe to me!") The son of Adam was commanded to prostrate and he prostrated, so Paradise is his; and I was commanded to prostrate and I refused, so the Fire is mine."'
 
Sheikh al-Islam Imam al-Nawawi (may Allah have mercy on him) stated: 'It is recommended to prostrate immediately after reciting or hearing a verse of prostration. If one delays it but the interval is short, he may still prostrate. However, if the interval is long, the opportunity is missed.' [Rawdat al-Talibin Vol.1/P.323].
 
Furthermore, the prostration of recitation becomes obligatory (Wajib) in congregational prayer if the Imam prostrates, out of the necessity of following him. And Allah the Exalted knows best.

A man insulted the Divine Essence; is it obligatory for him to perform Ghusl?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Insulting or blaspheming the Divine Essence (Dhat al-Ilahiyyah) constitutes apostasy (Riddah). The perpetrator of this grave sin must immediately repeat the two testimonies of faith (Shahadah) and sincerely repent to Allah the Exalted. It is recommended (Sunnah) for them to perform a ritual bath (Ghusl), though it is not a mandatory condition [for the validity of their return to Islam]. And Allah the Exalted knows best.

Are school exams a valid excuse for breaking the fast in Ramadan?

School and university exams are not considered a valid excuse for breaking the fast, as most students take their exams while fasting without experiencing extreme hardship. Fasting does not conflict with exam preparation, and a Muslim seeks strength in obedience to Allah for both worldly and spiritual matters.