Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(59): “Ruling on Planting Trees in Graveyards“

Date Added : 02-11-2015

   

Resolution No.(59): “Ruling on Planting Trees in Graveyards“

Date: 9/11/1422 AH corresponding to 23/1/2002 AD.

 

Question:

What is the ruling of Islamic Sharia on planting trees in graveyards?

Answer: All success is due to Allah.

According to Islamic Sharia, planting trees in graveyards is permissible since it is included within the general meaning of the Sharia maxim which states that, in principle, things are permissible so long as there is no provision from the Quran and the Sunnah proving otherwise, and there is no evidence that forbids such an act. However, trees shouldn`t be planted directly above the graves, rather, they should be planted in the corridors and places where there are no graves. This is in order for their roots not to harm the dead because doing so is forbidden as stated in the Prophet`s Hadith {what means}: "Breaking a deceased body’s bones is exactly like breaking them when he is alive.” {Related by Abu Dawud in accordance with the conditions of Muslim}. And Allah Knows Best.

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi

                 Dr. Mohammad Abu Yahia     

                                                                     Dr. Ahmad Hilayel

                   Dr. Abdulsalam Al-Abbadi        

                 Sheikh Mahmoud Shwayyaat

     Dr. Yousef Gheezaan

Dr. Wasif Al-Bakhri

   Sheikh Saeid Hijjawi

 

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Summarized Fatawaa

What is recommended for a Muslim to say on Laylat al-Qadr?

On Laylat al-Qadr, it is recommended for a Muslim to recite the supplication (du‘a) that the Prophet ﷺ taught Aisha (may Allah be pleased with her):
"O Allah, You are Most Forgiving, and You love forgiveness, so forgive me." [Narrated by Al-Tirmidhi]

What is the ruling on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.

Can a person required to give kaffarah feed it to their own family members?

The kaffarah must be given to the poor and needy who are not financially dependent on the one giving the kaffarah.
If a person feeds it to their own family members, it does not count as kaffarah, and their obligation remains unfulfilled.

Is it permissible for a wife to boycott (not to attend to his different needs) her husband?

It isn`t permissible for the woman to boycott her husband unless he is the reason behind that, and it is recommended that both spouses seek the advice of righteous people to make reconciliation.