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Resolutions of Iftaa' Board

Resolution No.(274): "Ruling on a Financial Donation Given to Orphans Fund Development Foundation"

Date Added : 01-05-2019

Resolution No.(274) (7/2019)By The Board of Iftaa', Researches anad Islamic Studies:

"Ruling on a Financial Donation Given to Orphans Fund Development Foundation"

Date: (19/Sha`ban/1440 AH), corresponding to (25/4/2019 AD).

 

Praise be to Allah the Lord of the Worlds and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

During its fourth session held on the above date, the Board reviewed the letter (MA/1/1/3250) of His Excellency Mr. Hamdan Al-Faw`eer, director of the Orphans Fund Development Foundation, which reads as follows: "Back in 1981, the Foundation`s board-through resolution No.(6/81) - approved of Mr. Ameen Saleh Mar`ee`s wish to donate 100.000 JDs to be invested by the Orphans Fund Development Foundation (OFDF). This is provided that the annual profits in addition to whatever sums are added to the original donation should be spent in favor of poor Muslim orphans, needy students, the poor and other charity channels. This should also be done under the supervision of the Foundation`s board and the direct participation of Mr. Maree (Donor) himself, and , in case he dies, his son shall take over, and so on. Could you kindly consider discussing this matter with the Board of Iftaa` to provide us with answers to the following questions: Is the above sum (100.000 JDs) a donation or an endowment? Does the donor or his heirs have the right to participate in distributing the annual profits, yielded from investing the above sum, amongst the aforementioned categories who don`t have any funds at the (OFDF)? Is it permissible to consider the above sum amongst the Foundation`s revenues and the earnings made from investing that sum part of the profits added annually to the orphans deposits by the Foundation? Do the heirs of the donor have the right to reclaim the original sum (100.000 JDs)?

After deliberating, the Board decided what follows:

The above sum (100.000 JDs) takes the rulings of an endowment although it was termed a donation. This wording indicates holding money in perpetuity and spending its profits in accordance with the conditions of the donor, as reflected in resolution No.(6/81) issued by the (OFDF). This is in addition to the Sharia maxim, which states that meaning/content prevails over form/structure.

In conclusion, the above sums should be transferred to a party in charge of regulating endowments affairs where it invests the sums in question and spends their profits as stipulated by the endower. In addition, it isn`t permissible for the heirs or any of them to reclaim these sums (100.000 and profits made out of investing it), because once a property is endowed, it becomes Allah`s, not the endower`s. 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

Dr. Muhammad Khair Al-Issa/ Member

Prof. Adam Nooh/ Member

Judge. Khaled Al-Worikat/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Al-Zou`bi/ Member

 

 

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Summarized Fatawaa

If someone starts the day sick or traveling while fasting, is it permissible for them to break their fast?

● A sick person who finds fasting difficult is allowed to break their fast, whether they began the day fasting or not.
● As for a traveler:
○ If they were still at home at dawn and then traveled after Fajr (dawn), they must continue fasting unless they experience extreme hardship, in which case they may break their fast.
○ However, if they were already traveling when dawn broke—meaning they had left their town before Fajr—then they are permitted to break their fast. This is what the Prophetﷺ did during the year of the conquest (of Makkah).

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.

Should a person feel pleased, or have a virtuous vision after offering Istikhara (guidance prayer) in order to do what he/she had offered it for?

The result of the Istikhaarah is not necessarily that a person sees something (in his dream), or feels pleased, but the most important result of the Istikhaarah is whether a person is enabled to do a given matter or not.

What is the ruling on someone who is uncertain whether he omitted one of the ab‘āḍ of the prayer, such as being uncertain whether he omitted the first tashahhud?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ab‘āḍ include the middle tashahhud and the qunūt in Fajr prayer — for which sujūd as-sahw (the prostration of forgetfulness) is prescribed if left out. Whoever is uncertain, during the prayer, whether he omitted one of these elements, should proceed on the assumption that he did not perform it, and should perform sujūd as-sahw accordingly.
It is stated in ‘Umdat as-Sālik (p. 63): "If he is uncertain... whether he omitted a specific ab‘āḍ element, or whether he performed sujūd as-sahw, or whether he prayed three or four rak‘ahs — he proceeds on the assumption that he did not do it, and performs sujūd as-sahw."
The original principle (al-aṣl) for someone uncertain about [having performed] the first tashahhud is that he assumes he did not perform it. And Allah, the Exalted, knows best.

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