Resolution No.(236)(4/2017) by the Board of Iftaa`, Research and Islamic Studies:
"Ruling on Selling the Encroached upon Part of the Graveyard"
Date: (27/Shaaban/1438), corresponding to(24/5/2017).
All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
On its fifth session held on the above date, the Board has reviewed the letter sent from His Excellency Minister of Awqaf and Islamic Affairs Dr. Wa`eil Arabiat, and reads as follows:
I have enclosed a copy of the Awqaf Board`s resolution No.(8/12/2016), (20/12/2017 AD)about permitting the sale of (9.71) Meters from the endowed plot No.(2081), Al-Abiad (9). This is in addition to a copy of the inspection report approved by the Mufti of Zarqa Governorate, and in coordination with the official committee from your respected Dept. and the report of the Awqaf`s Properties Committee. Could you clarify the ruling of Sharia on this matter so as for the Ministry to carry on with the administrative and legal procedures?
After deliberations, the Board decided the following:
Based on the inspection report conducted by the committee in question and the fact that the part of the graveyard on which the building was set up contained no graves and taking into consideration that the graveyard is very old, the Board believes that it is permissible to sell that part after making sure that the land isn`t endowed by a particular endower or for a particular purpose. And Allah Knows Best.
Grand Mufti of Jordan/Dr. Mohammad Al-Khalayleh
Vice-Chairman of Iftaa` Board/Sheikh Abdulkareem Khasawneh
Prof. Abdullah Al-Fawaaz/Member
Sheikh Sa`eid Hijjawee/Member
Dr. Mohammad Khair Al-Esa/Member
Judge Khaled Wuraikat/Member
Dr. Mohammad al-Zou`bi/Member