Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 18-03-2019

Resolution No. (272)(5/2019), By The Board of Iftaa', Researches and Islamic Studies:

"Tonaib Village Graveyard"

Date: (30/Jumada Al-Akhirah/1440 AH), corresponding to (7/3/2019).

 

Praise be to Allah, the Lord of the Worlds.

During its third session held on the above date, the Board reviewed the letter of His Excellency the Minister of Awqaf, Islamic Affairs and Holy Sites (No.4/6/273041, dated 25/11/2018), in which it was referred to the resolution of the Awqaf Council (No.4/11/2018, dated 12/8/2018). The latter pertained to giving back a portion of the registered shares of plot No.(5)/(3), Tonaib village, which is registered in the name of the public trustee of the Waqf the Ministry of Awqaf, Islamic Affairs and Holy Sites. Could Your Grace discuss this matter with the concerned parties to deliver the ruling of Sharia regarding it? Knowing that this whole plot of land was registered as a graveyard by virtue of Awqaf Law No.(32)/2001. Kindly see enclosed copy of the above resolution.

After deliberating, the Board arrived at the following decision:

The rules of Shraia require that the Ministry of Awqaf draw a distinction between two cases:

First: If the Waqif (Endower) has registered his land by virtue of an official document, then the Ministry shall take charge of the whole plot in line with the conditions of the Waqif.

Second: If the land wasn`t registered as an endowment, and still people were buried in it, in this case, it isn`t permissible to register it in the name of the public trustee (Ministry of Awqaf). However, the Ministry can register-according to its regulations-the part in which people were buried; to the exclusion of the rest of that land, since, in principle, the base rule is to keep all what had appeared on what they had appeared. The area in which no burial took place isn`t endowed. Therefore, it doesn`t remain under the supervision of the Ministry of Awqaf, and thus it must be given back to its original owner. And Allah the Almighty Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem AlKhasawneh/ Member

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 {have a reservation on the fourth standard}.

Judge. Khaled Al-Worikat/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Al-Zou`bi/ Member

Dr. Rashaad Al-Kilani/Member

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Summarized Fatawaa

What should a praying person who doubts having offered one, or two prostrations in the third Rakah (unit of prayer) do?

Whoever has doubts about their prayer should consider what is less i.e. the above person should offer another Sajda (prostration) and complete his/her prayer, then offer Sujood As-Sahw (prostration of forgetfulness). And Allah Knows Best.

Is it permissible for me to eat from the animal that I slaughtered for Allah to protect my family?

It is permissible to eat from the non-vowed animal sacrifice, and the person is rewarded based on the amount of meat that he had given to the poor. However, there is no evidence in Islamic Sharia indicating that slaughtering an animal protects one`s family, but it is a way for thanking Allah, The Almighty, for his grace.

What is the ruling of Sharia when husband kicks the wife out of his house without a lawful excuse? Moreover, in such case, when she stays at her parents's house for several months, is she allowed to claim maintenance through a Sharia court?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It isn`t permissible to kick wife out of house save for a valid reason since Almighty Allah Says (What means): "O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may Take away part of the dower ye have given them,-except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and God brings about through it a great deal of good." [An-Nisa`/19]. In addition, it is the duty of the husband to provide for his wife and children in kindness, and this includes food, garment and residence. Moreover, dialogue and supplication are the best means for solving marital problems; however, the wronged party may resort to court. And Allah The Almighty Knows Best.

I`m a Muslim woman and have fallen in love with a Christian man. Supposing that he embraced Islam. Is it permissible that he proposes to me?

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
The relationship between you two is forbidden; however, if he wants to embrace Islam then he should pay a visit to a Sharia court. Once he becomes a Muslim, we will address the matter of proposing to you. And Allah The Almighty Knows Best.