Resolution No.(277)(11/2019) "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, 6/28}.
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