Resolution No. (272)(5/2019): "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