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Resolutions of Iftaa' Board

Resolution No.(277): "Ruling on Exploiting Endowed Land"

Date Added : 22-05-2019

Resolution No.(277)(11/2019), By The Board of Iftaa', Researches and Islamic Studies:

"Ruling on Exploiting Endowed Land"

Date: (11/ Ramadan/1440 AH), corresponding to (16/5/2019 AD).

 

All perfect praise be to Allah the Lord of the Worlds.

On its sixth session held on the above date, the Board reviewed the letter (4/2/3/2905) of His Excellency Minister of Awqaf, Dr. Abulbasal. It states that the endowed land No.(45) of Um Attieh area (59) in Salt city, estimated at (320 Meters), was donated in 2000 for the purpose of building a mosque. However, building the mosque on the above land became impossible because it violates the effective laws and regulations of constructing mosques, the endowed land itself is small and three mosques were built in the same area. Knowing that the above land is commercial, what is the ruling of Sharia on investing it in favor of endowment programs by building a small Musala on part of it instead of a mosque?

After deliberating, the Board arrived at the following decision:

According to scholars, it is allowed for the endowment (Waqf) administrator to take the necessary steps to achieve the interest expected from the Waqf and preserve its benefits. Ibn Qhodamah says: "If the Waqf was damaged and its benefits were stopped….for example, a mosque that people have deserted or was too small and impossible to expand, or was expanded to the extent that it became impossible to maintain save by selling part of it. In this case, it is permissible to sell part of it to maintain the rest." Moreover, if it wasn`t possible to benefit from it at all, then selling it is permissible. In a narration by Abi Dawoud, Ahmad said: "If there were two valuable pieces of wood in a mosque, then it is permissible to sell them in order to maintain the mosque." {Al-Moghni, vol.6/pp.28}.

In conclusion, it is permissible to invest the above land to achieve the purpose for which it was endowed without any stoppage or delay. This is provided that the revenue is spent in favor of the mosque itself since the stipulation of the endower has the same binding force as the text of Sharia. And Allah The Almighty Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Dr. Ahmad Al-Hasanat, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Mohammad Al-Zou`bi/ Member

Prof. Adam Nooh Al-Qhodaat/Member

Prof. Abdullah al-Fawaaz/Member

Dr Mohammad Khair al-Esa/Member

Dr. Rashaad Al-Kelaani/Member

 

 

 

 

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Summarized Fatawaa

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Istinja' is not from the conditions for the validity of ablution. It is only obligatory for prayer when there is impurity from urine or stool on the private part, or if there is fear of the impurity spreading to the body or clothing. And Allah the Almighty knows best.

What is the ruling of Islamic Law on the colored discharges that appear one or two days before the menstrual cycle?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
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What is the ruling on a woman who learns of her divorce or her husband's death after her *ʿiddah* has ended? And does the *ʿiddah* of a woman who abandoned mourning (*iḥdād*) for the whole period of the *ʿiddah*, or part of it, still end, even though she knew that abandoning it is forbidden?**

 

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It is stated in al-Bayān fī Madhhab al-Imām al-Shāfiʿī (Vol.11/p.41), one of the books of the Shāfiʿī school: “If a man divorces his wife, or dies while he is absent from her, her ʿiddah is from the time of the divorce or from the time of death. If she does not know of the divorce or the death until her ʿiddah period has ended, then her ʿiddah has ended. If she learns of it before the end of the ʿiddah period, she completes her ʿiddah counting from the time of the divorce or death.”
As for a woman who abandoned mourning throughout the ʿiddah while knowing that it is forbidden, she is sinful, although her ʿiddah has nonetheless ended. And Allah Almighty knows best.

Is it permissible for a wife to leave her house without asking her husband?

It is impermissible for the wife to leave her house without asking her husband except for a sound reason.

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