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Resolutions of Iftaa' Board

Resolution No. (264): "Prohibition of Building Graveyard from Mosque`s Donations"

Date Added : 05-09-2018

Resolution No. (264) by the Board of Iftaa', Research and Islamic Studies:

"Prohibition of  Building Graveyard from Mosque`s Donations"

Date: (18/Thu Al-Hijjah/1439 AD), corresponding to (30/8/2018AH).

 

On its eleventh session held on the above date, the Board reviewed the letter sent from His Excellency, the Mayor of Barqash Municipality, and it read as follow: 

I have enclosed a letter from the Chairman of Khfur Rakeb`s Local Council in which he requested the ruling of Sharia on deducting a certain amount-from the donations raised in favor of Mos`ab Ibn Umayer's Mosque-to build an Islamic graveyard in that area since the old one is overcrowded. 
After prolonged deliberations, the Board decided the following:
It is impermissible to spend the donations in a purpose other than that for which they were raised since Mosques' Committees are entrusted with spending donations in the exact disbursement channel for which they were collected in the first place. This is because, Allah, The Most Exalted, Said (What means): "God doth command you to render back your Trusts to those to whom they are due" [An-Nisa' 58]. In conclusion, donations made in favor of the mosque should only be spent for the benefit of the mosque itself and spending them in building a graveyard is prohibited. And Allah Knows Best.

 

Chairperson of Iftaa` Board,Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Sa`eid Al-Hijjawi, Member

Prof. Abdullah Al-Fawaaz, Member

Dr. Muhammad Khair Al-Issa, Member

Dr. Majid Al-Darawsheh, Member

Prof. Adam Noah/ Member

Judge. Khaled Al-Wrikat

Dr. Ahmad Al-Hasanat, Member

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Summarized Fatawaa

What is the ruling on swimming while fasting?

Swimming while fasting is disliked (makruh) due to the risk of water entering the body cavity (jauf) through the nose, ears, or mouth, which would break the fast.
Ramadan is a month of tasbeeh (glorifying Allah), not Sibaha (swimming).

What is the ruling on offering an Udhiyah on behalf of another with their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else with their permission, even if the person performing it has not offered a sacrifice for themselves. It is stated in Sharh Manhaj al-Tullab (Vol.5/P.261) by Zakariya al-Ansari: "No one may offer a sacrifice on behalf of another without their permission... as opposed to when permission has been granted." And Allah the Almighty knows best.

What is the ruling on the Friday bath (ghusl al-Jumu'ah)?

The Friday bath is a confirmed Sunnah, based on the Prophet's (peace be upon him) saying: "Whoever performs ablution on Friday, it is good for him, and whoever takes a bath, bathing is better." (Reported by Abu Dawud and al-Tirmidhi who said it is a hasan hadith). It is recommended for everyone who wants to attend the Friday prayer, even if they are not from its usual attendees, like a woman or a boy.
If a person is in a state of major impurity (junub) and intends by his bath both lifting the major impurity and the Friday bath, he achieves both. If he intends only one of them, he achieves only what he intended. And Allah the Almighty knows best.

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

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