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Resolutions of Iftaa' Board

Resolution No.(236): "Ruling on Selling the Encroached upon Part of the Graveyard"

Date Added : 31-05-2017

Resolution No.(236)(4/2017) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Selling the Encroached upon Part of the Graveyard"

Date: (27/Shaaban/1438), corresponding to(24/5/2017).

All perfect praise be 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 its fifth session held on the above date, the Board has reviewed the letter sent from His Excellency Minister of Awqaf and Islamic Affairs Dr. Wa`eil Arabiat, and reads as follows:

I have enclosed a copy of the Awqaf Board`s resolution No.(8/12/2016), (20/12/2017 AD)about permitting the sale of (9.71) Meters from the endowed plot No.(2081), Al-Abiad (9). This is in addition to a copy of the inspection report approved by the Mufti of Zarqa Governorate, and in coordination with the official committee from your respected Dept. and the report of the Awqaf`s Properties Committee. Could you clarify the ruling of Sharia on this matter so as for the Ministry to carry on with the administrative and legal procedures?

After deliberations, the Board decided the following:

Based on the inspection report conducted by the committee in question and the fact that the part of the graveyard on which the building was set up contained no graves and taking into consideration that the graveyard is very old, the Board believes that it is permissible to sell that part after making sure that the land isn`t endowed by a particular endower or for a particular purpose. And Allah Knows Best.

 

Grand Mufti of Jordan/Dr. Mohammad Al-Khalayleh
Vice-Chairman of Iftaa` Board/Sheikh Abdulkareem Khasawneh
Prof. Abdullah Al-Fawaaz/Member
Sheikh Sa`eid Hijjawee/Member
Dr. Mohammad Khair Al-Esa/Member
Judge Khaled Wuraikat/Member
Dr. Mohammad al-Zou`bi/Member

 

 

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Summarized Fatawaa

Can an Udhiyah be made up if its time is missed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the sacrificial animal (udhiyah) is a voluntary (nafl) offering and its prescribed time is missed after the three days of Tashriq have ended, then it is not to be made up as a sacrifice; rather, it becomes merely a sheep for meat.
 
However, if it was a vowed (nadhr) sacrifice and its time is missed, then it must still be slaughtered, and the slaughtered animal is to be treated as it would have been during its prescribed lawful time. And Allah Almighty knows best.

If someone regularly fasts the six days of Shawwal, are they obligated to fast them every year?

A person is not obligated to fast the six days of Shawwal every year, even if they have made it a habit. However, someone who regularly performs a good deed should not abandon it as long as they are able.

How is the meat of the 'aqīqah to be distributed?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the 'aqīqah is a recommended one (mandūbah), it is obligatory to give some portion of it in charity to the poor — even if the amount is small — with the minimum being approximately half a kilogram of meat.
The most preferable manner of distribution is to divide it into three equal portions, as with the uḍḥiyyah:
 
One third for the guardian and his household to eat from
One third to be given in charity to the poor
One third to be gifted to friends and neighbours, even if they are wealthy
 
It is furthermore more preferable to send the food to the poor already cooked, rather than inviting them to come and eat. And Allah Almighty knows best.

What is the wisdom behind the legislation of fasting?

Fasting is a divine school from which the believer learns much and trains in virtues that may be needed in life. Among these virtues is patience, as it is the month of patience. Fasting also teaches honesty and consciousness of Allah in both private and public, for there is no observer over the fasting person in abstaining from lawful pleasures except Allah alone.
Fasting strengthens willpower, sharpens determination, and nurtures mercy and compassion among the servants of Allah. It is a struggle against the self, a restraint of desires, a purification of the soul, and a cultivation of goodness.
The Prophetﷺ said: "Allah, the Almighty, said: ‘Every deed of the son of Adam is for him, except for fasting; it is for Me, and I shall reward for it. Fasting is a shield. So when one of you is fasting on a day, let him not engage in obscene speech or raise his voice in anger. If someone insults him or fights him, let him say: I am a fasting person. By Him in whose hand is the soul of Muhammad, the breath of the fasting person is more pleasant to Allah than the fragrance of musk.’" [Bukhari and Muslim]
 

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