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Resolutions of Iftaa' Board

Resolution No.(299): "Investing an Endowed Land in which the Endower's Condition was Unattainable"

Date Added : 28-02-2021

Resolution No.(299) (2/2021), By The Board of Iftaa', Researches and Islamic Studies:

"Investing an Endowed Land in which the Endower's Condition was Unattainable"

Date (14th of Jumada Al-Akhirah, 1442AH), corresponding to (28/1/2021AD).

In its 1st meeting held on the above date, the Board of Iftaa` reviewed the letter No.4/2/3/11669 sent from His Excellency, the Minister of Awqaf, Holy Sites and Islamic Affairs Dr.Mohammad Al-Khalayleh. This letter reads as follows:

We would your Grace to clarify the ruling on the endowment of Mr./Baseem Ali Abdullah Naser , which is a building of three floors on an endowed land (No.2112/Al-Abiad Area/Zarqa). The condition of the endower is to build Sharia school, health center, nursing home or an orphanage in accordance to the attached document of the charitable endowment.

In consideration of that, a committee formed of Endowments Zarqa Governorate was in charge to spectate the aforementioned endowment and the possibility of fulfilling the endower's condition. It turns out that it requires 8000JD cost for maintenance and fulfilling his condition was out of reach for the time being due to several reasons.Thus, the committee decided to invest and lease the building till the condition is fulfilled in order to avoid its damage. We hope your Grace to review this matter on the Board of Iftaa' to issue the Sharia ruling in this regard.

After thorough study and deliberation, the Board decided what follows:

In principle, endowments are to be given and fulfilled based on endower's condition and for the same purpose in which it was endowed in the first place by the former. Due to the fact that fulfilling it is unattainable as mentioned in the above question for compelling reasons, then there is no harm on investing the endowed building in the best manner so long as its outcome is disposed as conditioned by the endower. And Allah Knows Best.

 

    Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mohammad Al-Khalayleh, Member

Dr. Majed al-Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Prof. Adam Nooh Al-Qhodaat/Member

Dr. Amjad Rasheed, Member

Dr. Jamil Khatatbeh, Member

Dr. Ahmad al-Hasanat, Member

Dr. Mohammad Younis Al-Zou`bi, Member

 

            

    

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Summarized Fatawaa

 
What is the ruling on the intention of fasting, where is its place, and when is its time?

The intention is a pillar of acts of worship; it is essential, and worship is not valid without it.
Its place is in the heart, and verbalizing it is recommended so that the tongue reminds the heart. Its meaning is to be determined to abstain from nullifiers of fasting during the upcoming day with the intention of worship and obedience to Allah Almighty. This meaning is naturally present in every Muslim on every night of Ramadan, so there is no need for obsessive doubts. If one says, "I intend to fast tomorrow for the sake of Allah," it removes any doubts.
Its time is from after sunset until before the true dawn.

What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.
 
The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted knows best."

What is the ruling on someone who fainted while fasting?

● If a person had the intention to fast from the night but then fainted during the day and regained consciousness before sunset, even for a moment, their fast remains valid.
● However, if they remain unconscious for the entire day, from Fajr until sunset, their fast does not count, and they must make up for that day later.

What is the ruling on performing the Istikhara prayer after the Witr paryer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Istikhara prayer (Prayer for seeking guidance) is a Sunnah. It consists of two units (rak’ahs) performed outside of the obligatory prayers, after which the person supplicates with the traditionally narrated du’a. It is permissible to perform it before or after the Witr prayer, as the Istikhara prayer is recommended at all times except during the disliked times—the periods in which prayer is prohibited. This is because its specific reason (the Istikhara and supplication) occurs after the prayer itself, and any prayer with a subsequent reason is not permitted during the prohibited times. It should be noted that the two rak’ahs of Istikhara are not fulfilled by performing only one rak’ah, nor by a prostration of recitation (Sajdat al-Tilawah), nor by a funeral prayer (Janazah). And Allah the Exalted knows best.

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