Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(198): "Leasing the Parking Area of King Abdullah the 1st`s Masjid to another Institution is Impermissible"

Date Added : 26-11-2015

Resolution No.(198)(8/2014) by the Board of Iftaa`, Research and Islamic Studies:

"Leasing the Parking Area of King Abdullah the 1st`s Masjid to  another Institution is Impermissible"
Date: 14/Sha`ban/1435 AH, corresponding to 12/6/2014

 

All perfect praise is due to Allah, The Lord of The Worlds; and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions:
On the above date, the Board reviewed the question sent by His Excellency, the Secretary-General of the Awqaf Fund Development Corporation, and it reads as follows:
I would like to inform you that the Awqaf Fund Development Corporation intends to lease the parking area of King Abdullah the 1st`s Masjid/ Abdalli area. Could your grace clarify the ruling of Sharia on the permissibility of leasing that parking area to a bank which intends to use it for parking the cars of its staff?
After deliberating and researching, the Board decided what follows:
It is impermissible to lease the parking area of King Abdullah the 1st`s Masjid to another institution; rather, it should be used only for the benefit of the Masjid itself and it should be kept for future expansion of the Masjid or for parking the cars of prayer performers, or for holding charity-oriented activities as well as for guidance purposes. Whereas, changing the purpose for which it has been dedicated in the first place by leasing it to a financial institution isn`t within the capacity of the Waqf trustee/administrator. A proof of this is when Umar bin Khattab got some land in Khaibar and he went to the Prophet (PBUH) to consult him about it saying: "O Allah's Messenger (PBUH) I got some land in Khaibar better than which I have never had, what do you suggest that I do with it?" The Prophet (PBUH) said: "If you like you can give the land as endowment and give its fruits in charity." So `Umar gave it in charity as an endowment on the condition that it would not be sold nor given to anybody as a present and not to be inherited, but its yield would be given in charity to the poor people, to the Kith and kin, for freeing slaves, for Allah's Cause, to the travelers and guests; and that there would be no harm if the guardian of the endowment ate from it according to his need with good intention, and fed others without storing it for the future." (Agreed upon). Leasing is tantamount to selling a benefit; whereas, in principle, an endowment can`t be used for a purpose other than the one for which it has been dedicated in the first place. The Muslim Jurists have said: "The conditions set by the owner of an endowment are tantamount to the Sharia texts." And Allah Knows Best.

    

Chairman of the Iftaa` Board, The Mufti General of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.
Prof. Hayel Abdulhafeez/ Member
Dr. Yahia Al-Botoosh/ Member
His Eminence, Sheikh Sa`ied Hijjawi/ Member
Prof. Mohammad Al-Qudat/ Member
Prof. Abduln`nassir Abu Al Bass`al/ Member
Dr. Mohammad Al-Khalayleh/ Member
Dr. Mohammad Al-Zou`bi/ Member
Dr.Wasif Al-Bak`kri/ Member
Dr. Mohammad Khair Al-Esa
 

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Summarized Fatawaa

What is the ruling of Islamic Law on continuity (muwalah) in the ritual bath?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Continuity (muwālāh) means washing each part of the body immediately after the previous one, without leaving a gap long enough for the first part to dry before the second is washed. According to the Shāfiʿī school, continuity is a recommended act (sunnah) in both the ritual bath (ghusl) and ablution (wuḍūʾ) — it is not obligatory.
It is stated in Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj: "Likewise, continuity in the ritual bath is recommended, just as it is in ablution."
Accordingly, continuity in the ritual bath is a sunnah. And Allah the Almighty knows best.

What is the correct point at which to raise the hands when standing up for the third rak‘ah (after the middle tashahhud)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Raising the hands while saying the takbīr [when rising for the third rak‘ah] is a recommended sunnah, and omitting it does not affect the validity of the prayer. The proper time for this is after rising from the middle tashahhud, once one has fully stood up.
It is stated in I‘ānat aṭ-Ṭālibīn (Vol.1/P.158): "His statement, 'and rising from the first tashahhud' — meaning, this manner [of raising the hands] is also a sunnah when he rises from the first tashahhud, that is, when he stands upright from it.
Consider [the question]: when precisely does the raising of the hands begin? Is it at the very start of rising from the first tashahhud, or after he has reached the minimum position of rukū‘ [i.e., once fully upright]? The apparent, [correct] view is the latter — even though the outward wording [of the text] might suggest the former — because at the very start of his rising, he is still relying on both hands [to push himself up, and therefore cannot yet raise them]."
It is stated in ‘Umdat as-Sālik (p. 53): "If his prayer extends beyond two rak‘ahs, he sits after them in the iftirāsh position, recites the tashahhud, and sends blessings upon the Prophet ﷺ alone, without [mentioning] his family [at this point]. He then stands while saying the takbīr, supporting himself with his hands; and once he has stood upright, he raises them level with his shoulders." And Allah, the Exalted, knows best.

How many Rak`ahs (unit of prayer) are offered in Witr prayer?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                                  Witr (an odd number prayer performed between Isha`a and Fajr) is offered with a minimum of one Rak`ah, and a maximum of eleven, but offering three Rak`ahs is the minimum of its complete form. And Allah Knows Best.

What is the ruling on vomiting, and does it invalidate ablution?

Vomit is impure (najis). Its exit is not considered one of the nullifiers of ablution. However, the mouth must be washed and purified from it, and any that gets on clothing or the body must be washed for prayer, because prayer is not valid with impurity present on the body or clothing. And Allah the Almighty knows best.