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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

Is it permissible for the young woman to turn the suitor down if she had no feelings for him?

Yes, it is permissible for her to do so.

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

Is it permissible to slaughter a sheep on Eid al-Adha with the intention of charity (sadaqah) on behalf of a sick person, and with the intention of udhiyah (sacrificial animal) at the same time?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The udhiyah (sacrificial animal) is an act of worship intended for its own sake; therefore, it must be slaughtered with the intention (niyyah) of udhiyah.
 
Whoever intends to draw closer to Allah through this act of obedience with the intention of udhiyah, and also intends to gift the reward to another person, there is no Islamic objection to that. And Allah Almighty knows best.

I have a brother who is harsh in his dealings [with me], and many problems have occurred between us, and I do not intend to reconcile with him. What is the ruling of Islamic Law on that?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is not permissible for a Muslim to abandon or boycott his fellow Muslim brother for more than three days. This is based on the saying of the Messenger of Allah, peace and blessings be upon him: "It is not lawful for a Muslim to forsake his brother for more than three [days], meeting each other but one turns away and the other turns away, and the better of the two is the one who initiates the greeting (salam)." (Reported by al-Bukhari.)
A Muslim must strive to end such estrangement (hajr), so as not to fall under the prohibition mentioned in the hadith. If he takes the initiative to reconcile but the other party does not respond, then there is no sin upon him. We remind [ourselves] of the saying of Allah, the Exalted: "And let them pardon and overlook. Do you not wish that Allah should forgive you? And Allah is Forgiving and Merciful." (An-Nur/22). And Allah, the Exalted, knows best.

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