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 forgot to make up missed fasts until the next Ramadan began required to pay expiatory compensation (Fidyah) alongside the makeup fast (Qada')?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Whoever forgets to make up missed fasts of Ramadan (Qada') until the following Ramadan begins incurs no sin, pursuant to the statement of the Messenger of Allah (peace and blessings be upon him): "Indeed, Allah has pardoned for my nation their mistakes, their forgetfulness, and that which they are coerced into doing." [Narrated by Ibn Majah, and Al-Bayhaqi in Al-Sunan Al-Kubra]
 
Furthermore, such an individual is not obligated to pay a expiatory compensation (Fidyah). It is stated in Bushra Al-Karim (p. 580)—one of the authoritative Shafi'i jurisprudential texts: "As for delaying it [the makeup fasts] due to a valid excuse—such as travel, breastfeeding, forgetfulness, or ignorance of the prohibition of delay (even for one living among scholars)—no Fidyah is required. This is because delaying performance during the actual month is permissible due to these excuses; hence, delaying makeup fasts is even more permissible, even if it continues for years."
And Allah Almighty knows best.

What is the ruling of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."
Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]
Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj,  Vol.1/P.154]
Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. And Allah, the Exalted, knows best.

Is the one who gives up on marriage because he can`t afford it considered sinful?

Marriage is desirable, but one who can`t afford it isn`t considered sinful. However, he should supplicate to Allah, and seek His forgiveness.

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.