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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No. (262): "Ruling on Leasing the Ground Floor of a Masjid"

Date Added : 22-07-2018

Resolution No. (262)(15/2018) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Leasing the Ground Floor of a Masjid"

Date: 6/Dhu'l-Qa'dah/1439 AH, corresponding to 19/7/2018.

 

 

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.

 

During its tenth session held on the above date, the Board reviewed the question sent from His Excellency Deputy Director-General of Awqaf Properties Development Department Mr. Ali Al-`Esaili, and it read as follows:

 

I have enclosed a copy of the letter submitted by the residents of Al-Hiwaiah area (Karak) in which they sought permission to give out the ground floor of "Thaniyat Al-Wada` Masjid", located in the aforementioned area, for lease in return for a nominal price in order to use it for hosting various public occasions. I kindly ask your Grace to discuss this request with the Iftaa` Board to issue a Fatwa in this regard.

After deliberating, the Board arrived at the following decision:

 

It isn`t permitted to allocate any part of the Masjid for a purpose other than that which is beneficial to the Masjid. As a Waqf (Endowment), it is solely allocated to performing acts of worship and delivering the religious message of a Masjid, and not for hosting public or private events, because Almighty Allah, Said (What means): "(Lit is such a Light) in houses, which God hath permitted to be raised to honour; for the celebration, in them, of His name: In them is He glorified in the mornings and in the evenings, (again and again),- By men whom neither traffic nor merchandise can divert from the Remembrance of God" {An-Nur, 36}. This is particularly since the extra floors of a Masjid may be allocated to teaching the Noble Quran and the different Sciences of Sharia. They may also be needed in certain religious events, such as the holy month of Ramadan, Fitr and Adha Eids and the like. We may also lease them for non-religious occasions, without that being conditioned by the Waqif (Endower), hinders delivering the original purpose for which the Masjid was endowed in the first place. And Allah Knows Best. 

 

 

The Iftaa` Board (2018)

 

Chairperson: Dr Mohammad al-Khalayleh, Grand Mufti of Jordan

Sheikh AbdulkareemKhasawneh/ Member

Dr. Ahmad Al-Hasanat/Member

Prof. Abdullah al-Fawoaz/ Member

Dr.Moh.Khair Al-Esa/ Member

Dr. Majid Drawsheh/ Member

Sheikh Sa`eidHijawi/Member           

 Judge Khalid Woraikat/Member

Prof. Adam Al-Qhodat/ Member

Dr. Mohammad al-Zou`bi/Member   

 

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Summarized Fatawaa

Is a person who is in a state of Janabah (major ritual impurity due to having a marital intercourse, ejaculation, menstruation, and post-delivery impurities) sinful if he/she goes about his/her daily life activities in that state i.e. without making Ghusl (ritual bath)?

It goes without saying that a Muslim should always be in a state of ritual purity so as to be able to perform prayers and recite Quran. It is from Sunnah (Prophetic tradition) that a Muslim hastens to make Ghusl from Janabah, but he/she is not sinful in case he/she delayed that provided that he/she doesn`t miss prayers. However, it is permissible for him/her to go about their daily activities while in a state of Janabah, but had better bathe in order not to miss any prayer.

What is the ruling on performing ablution (wudu') and ritual bathing (ghusl) with Zamzam water?

It is permissible to perform ablution and ritual bathing with Zamzam water. However, scholars disliked using it for cleaning after relieving oneself (istinja'). And Allah the Almighty knows best.

What is the Islamic ruling on breaking the bones of the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah not to break the bones of the 'aqīqah. Rather, each bone should be separated at its joint — as a good omen and expression of hope for the soundness and wholeness of the newborn's limbs. However, if one does break the bones, it is not considered disliked (makrūh) — it is simply regarded as contrary to what is preferable (khilāf al-awlā). And Allah Almighty knows best.

There are olive trees within the precincts of the mosque, and my father covers the costs of electricity, water, and other needs of the mosque. Is it permissible for him to take the olive harvest?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
If trees and fruit-bearing crops are planted in a mosque for the mosque itself, they may only be spent on the mosque’s interests. If they were planted for the public way (musabbalah), that is, for the general public, then any Muslim who enters the mosque may eat from them. If the planter’s intention is unknown, they are treated like those dedicated for public use, wherever custom has so run.
It is stated in Tuḥfat al-Muḥtāj (Vol.6/p.295): “The fruit of a tree planted for the mosque within it is not freely permitted without compensation. Rather, the imam spends its equivalent value on the mosque’s interests. The tree left its planter’s ownership here without any verbal declaration because of the evident indication. The case of planting it for the mosque excludes planting it as musabbalah, in which case eating from it without compensation is permissible, and likewise if his intention is unknown, where custom has so run. The tree may be uprooted from the mosque if the imam sees fit. Indeed, if he makes the plot a mosque while a tree stands in it, the imam may uproot it, even if the endower included it within the endowment (waqf).”
The father is a donor (mutabarriʿ), so he is not entitled to take anything in return for his donation to the mosque.
The Ministry of Awqāf is the body that supervises the affairs of endowments, so it must be consulted and the Sharīʿah and administrative instructions regulating such matters must be considered. And Allah Almighty knows best.

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