Resolutions of Iftaa' Board



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 it obligatory to have the intention for each day of fasting, or is one intention sufficient for the whole month?

The intention is obligatory for each day of Ramadan because each day is an independent act of worship separate from the others.
The intention must be made at night before the break of dawn, as the Prophetﷺ said: "Whoever does not intend fasting at night, there is no fast for him." [An-Nasa’i] 
And he also said: "Whoever does not firmly resolve to fast before dawn, there is no fast for him." [At-Tirmidhi, Abu Dawood, and An-Nasa’i]
Whoever wakes up and eats Suhoor while mindful of fasting has made the intention. Likewise, one who firmly intends at any moment during the night to fast the next day has also fulfilled the intention.

Is Zakah (obligatory charity) due on land intended for selling?

Yes, lands intended for trade are valued, and Zakah is paid according to their estimated value after a lunar year had lapsed, but if the owner didn`t pay the due Zakah, then he should do so after selling them.

Is it enough to say Tasbeeh (Saying Subhaana Rabbiya Al-‘Atheem during Rukoo`, and saying Subhaana Rabbiya Al-A‘laa during Sujood ) once, or twice during Rukoo`(Bowing in prayer) and Sujood (Prostration)?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                                  Yes, saying Tasbeeh once during Rukoo` and Sujood is enough, provided that the worshiper`s attentiveness of the heart isn`t undermined during each. As regards the recompense, it depends on the number of Tasbeeh. And Allah Knows Best.

What is the ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.