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Resolutions of Iftaa' Board

Resolution No.(71): "Ruling on Leasing an Endowment as a Coffee-Shop"

Date Added : 07-12-2015

 

Resolution No.(71): "Ruling on Leasing an Endowment as a Coffee Shop"

Date: 12/9/1424 AH, corresponding to 6/11/2003

 

We have received the following question:

What is the ruling of Sharia on leasing an endowed estate as a coffee shop that serves carbonated beverages and hookah?

Answer: All of success is due to Allah, The Lord of The Worlds

After researching and deliberating, the Board decided the following:

It is permissible to the leasee of an endowed estate to run it as a coffee-shop for serving carbonated beverages and hookah provided that he doesn`t use it for any illegal purpose, such as serving alcoholic drinks, playing cards, gambling, and mixing between the two sexes. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Chief Justice, Izuldeen At-tamimi

Dr. Abdulsalam Al-Abbadi

Dr. Mohammad Abu Yahia

Dr. Yousef Ghyzan

Sheikh Na`eim Mujahid

Sheikh Mahmoud Shewayat

Dr. Wasif Al-Bakhri

Sheikh Sa`eid Al-Hijjawi 

 

 

Note: The hookah and the cigarettes are forbidden, and it is impermissible to lease shops for selling them, as stated in resolution No.(109) of the Iftaa` Board dated 30/5/2006. And Allah Knows Best.

 

 

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Summarized Fatawaa

Is Zakah (obligatory charity) due on leased property, and how is it calculated?

Zakah isn`t due on the leased property itself, but on the saved income from that property if it reached Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over saving it.

Is it permissible to pay the expiation of an oath to a charitable party as it feeds the poor and needy such as Tkiyet Um Ali?

There is no harm on authorizing someone to handle the expiation of another to the poor and needy, since Shafiee's jurists stated that authorizing someone for the purpose of distributing Zakah, expiation and vow is permissible as stated in [Mughni Al-Muhtajj,vol.3/pp.237]. At last, the intention of the person who intends to authorize someone else suffices in this regard. And Allah Knows Best.

After I had prayed, I found a drop of menstrual blood and was unsure when that happened; what is the ruling on my prayer and fast?

All praise is due to Allah, peace and blessing be upon the Messenger of Allah.

Your prayer and fast are correct ,and you should not make up for them, and we ask Allah, The Almighty, to duely reward you for these acts of worship. Your menses start once you see blood because the situation remains as such unless there is certainty or predominant conjecture, as per the Fiqh maxim: "Certainty is not removed by doubt". And Allah Knows Best.

A man married a woman at the Islamic Centre in Brussels through a regular marriage contract. However, the husband left her for two years now and never provided her with financial support. Currently, she is staying in Amman, Jordan, and wants to remarry. Is her first marriage considered void and what should she do to remarry lawfully?

All perfect praise be to Allah, the Lord of the Worlds; may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
This issue is within the jurisdiction of the Islamic courts and they have the final say regarding the dissolution of the first marriage contract if there is valid ground for that. Therefore, her first marriage remains valid unless a court decision says otherwise. And Allah The Almighty Knows Best.

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