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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

Is it permissible to include others in the reward of one`s sacrifice?

 

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible for the one offering a sacrifice (al-muḍaḥḥī) to include another person in the reward of the sacrifice, but it is not permissible for them to share in the price of the sacrifice. It is stated in Mughnī al-Muḥtāj (Vol.6/P.137) by al-Khaṭīb al-Shirbīnī: "If he includes another in the reward of his sacrifice and slaughters it on his own behalf, it is permissible." And Allah Almighty knows best.

What is the ruling on sending blessings and peace upon the prophet (PBUH) after the Adhan?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is a Sunnah to send blessings and peace (As-Salat wa al-Salam) upon the Prophet ﷺ after the Adhan and the Iqamah, for both the caller (Mu’adhin) and the listener. It is permissible to do so aloud after the conclusion of the Adhan. However, it is preferable to maintain a brief pause between the words of the Adhan and the prayers upon the Prophet ﷺ, so that people do not mistakenly assume that sending blessings upon him is an integral part of the Adhan itself. And Allah the Exalted knows best.

What is permissible for the person who wants to ask for a woman`s hand in marriage to see from her body?

He is permitted to see her hands and face only, but if he wants to see more, then he has to send a woman that he trusts to do so.

 
What is the ruling on someone who eats or drinks while uncertain about the arrival of dawn, then later finds out that dawn had not yet broken?

If a person does this, their fast remains valid, as it is confirmed that they ate during the night. Similarly, if someone eats while uncertain and remains unsure whether they ate before or after dawn, their fast is still valid. This is based on the maxim of Sharia Law, which states: "Certainty is not removed by doubt." Certainty, here, is the presence of night, and the doubt concerns the arrival of dawn. Therefore, one relies on certainty and disregards doubt.

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