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Resolutions of Iftaa' Board

Resolution No.(139): "Ruling on Changing the Use of the Land Endowed as a Graveyard"

Date Added : 02-11-2015

                            

Resolution No.(139)(4/2010): "Ruling on Changing the Use of the Land Endowed as a Graveyard"

Date: 23/4/1431 AH, corresponding to 8/4/2010 AD.    

 

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

During its third session held on the above given date, the Board of Iftaa` reviewed the question whereby the Ministry of Awqaf expressed its desire to exchange a piece of land endowed as a graveyard for another piece of land.

After thorough studying and deliberating, the Board decided the following:

In principle, an endowment can neither be sold nor given as a present, nor bequeathed, as indicated by the Hadith of Ibn Umar. 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)" {Bukhari&Muslim}.

Therefore, if the state, the municipality, or a person has endowed a piece of land as a graveyard, then it is obligatory that it be used as such, because the condition set by the owner of the Waqf (endowment) must be abided by.

Accordingly, due to the fact that people have already been buried in this graveyard, the Board believes that exchanging it for another piece of land is impermissible, because if it has been endowed as a graveyard, it must be used as such until the Day of Resurrection. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Grand Mufti of Jordan, Dr. Abdulkareem al-Khasawneh

Vice Chairman of the Iftaa` Board, 

Dr. Ahmad Hilayel

    Dr. Yahia al-Botoosh/ Member

      Sheikh Sa`eid Hijjawi/ Member

                    Dr. Mohammad Khair al-Eesa/ Member

Judge Sari Atieh/ Member

            Dr. Abdurahamn Ibbdah/ Member

       Dr. Mohammad Okla/ Member

              Dr. Abdunnasir Abulbasal/ Member

                    Dr. Mohammad Al-Khalayleh/ Member

                    Dr. Mohammad al-Gharaibeh/ Member

                                                         Dr. Ahmad Al-Hasanat/ Executive Secretary of the Iftaa Board

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Summarized Fatawaa

Is it permissible for a sick person to pray while sitting on a chair?

All perfect praise be to Allah, The Lord of the Worlds                                                                                                                                                                        It is permissible for a sick person, who is unable to stand up, to offer prayer while sitting on a chair. If he/she was unable to prostrate while on the chair, the he/she should pray while sitting on the ground, but if he/she was neither able to bow (Roku),nor to prostrate, then he can do them while sitting on the chair. And Allah Knows Best.

Is the Saum (Fasting) of someone who ate and drank forgetfully while offering fasting of oath expiation invalidated?

Whosoever eats, or drinks forgetfully is exempted by Allah; therefore, he/she shouldn`t break their fast whether it was obligatory, non-obligatory, or expiatory. And Allah Knows Best.

Is it permissible to move a grave from its current location to another place, for example, from a garden in a home to a cemetery, knowing that the grave has been there for a long time, about fifty years?

It is not permissible to move the deceased from his grave, as this may result in breaking his bones and violating his sanctity. Such actions are not allowed. And Allah Knows Best.

Is it permissible to give the expiation due on the vow of anger to one person?

The expiation for the vow of anger-and that of the oath-is to be given to (10) needy persons, or a needy family of ten individuals, but giving it to one person is impermissible.

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