Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

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

Decision Number [ Previous | Next ]


Summarized Fatawaa

What is the Ruling on Reciting the Prophetic Narration?

 All Perfect Praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.
Reciting the Prophetic narration is permissible as many scholars used to, since in principle, the rulings of recitation have to be observed while speaking Arabic language. And Allah Knows Best.

What is the torment of the grave?

We seek refuge in Allah from the torment of the grave. The important point is that the cause of the torment of the grave is disbelief or committing sins without repentance. It affects the soul, and the body is impacted by it, even if we do not see it. And Allah Knows Best.
 
 
 
 
 
 
 

Is it permissible for a woman who has become pure before the end of forty days of confinement to perform different acts of worship? and is it lawful for her husband to have sex with her?

Once postpartum bleeding ceases and she is certain that it won`t happen again, she becomes pure, and so she should perform Ghusl (ritual bath), pray, and fast. She can also have sex with her husband even before the end of (40) days because the minimum of postpartum bleeding is a moment, and the maximum is (60) days. However, the postpartum bleeding for the majority of women is (40) days, but this does not apply to rest of them.

Sometimes I receive a message containing a picture of someone desecrating the Noble Quran. The sender asks recipients to send that message to their contacts as an act of defending the Quran. What should I do when receiving such messages?

Praise be to Allah, the Lord of the Worlds.

You don`t have to circulate that message, because this isn`t the proper way to defend the Quran. And Allah The Almighty Knows Best.