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Resolutions of Iftaa' Board

Resolution No.(247): "Establishing a Private Investment on Endowed Land"

Date Added : 05-12-2017

Resolution No.(247)(16/2017) by the Board of Iftaa`, Research and Islamic Studies:

"Establishing a Private Investment on Endowed Land"

Date: 2/Rabi` Al-Thani/1439, corresponding to 21/11/2017.

 

 

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all his family and companions.

During its 13th session held on the above date, the Board reviewed the question sent from His Excellency the General Manager of Awqaf Properties Investment Fund, and reads as follows:

We would like to bring to Your Grace`s attention that the Ministry of Awqaf owns the endowed lands (175,206,226) located in Irbid, and estimated at (3355 square kilometers). They were endowed in 1984 in exchange for a piece of land, given to Irbid`s Greater Municipality, to be used as a graveyard. In the same year, the afore pieces were allocated for building a Masjid and an Islamic center, as determined by the resolution of the Awqaf Board and the approval of the Municipality. However, an investor has requested establishing a private investment on that land along with building the Masjid and the Islamic center from his own pocket. What`s the ruling of Sharia in this case, knowing that there is already a Masjid which is only 270 meters away from that land.

After deliberating, the Board arrived at the following decision:

If the purpose for which the land was endowed in the first place was achieved, there is no harm in investing the rest of that land for the benefit of the Waqf/endowment. And Allah Knows Best.

 

Chairman of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Prof. Abdullah Al-Fawaz, Member

Dr. Ahmad Al-Hasanat, Member

Dr. Mohammad Khair Al-Esa, Member

Dr. Majid Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Mohammad Al-Zo`bi, Member

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Summarized Fatawaa

I wish to purchase an online account (a gaming account), and its ownership will be transferred to me. However, my friend will purchase it on my behalf, and I will repay him in deferred installments with an added profit margin to account for the installment sale. What is the ruling of Islamic Law on this transaction?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The ruling on selling electronic games depends on the ruling of the game itself: if the game is permissible, then selling it is likewise permissible. However, if the game contains Sharia violations that render playing it impermissible, then selling it in that case is neither valid nor permissible. Therefore, we advise the necessity of reviewing the Sharia guidelines for electronic games set forth in Fatwa No. (3369).
 
Accordingly, if the game is permissible, a person may purchase it, take legal possession of it, and subsequently sell it in deferred installments for a price higher than its purchase price. The General Iftaa' Department has permitted dealing through Murabaha, while emphasizing the necessity of observing the Sharia conditions required for this transaction; please refer to Fatwa No. (2861). And Allah Almighty knows best.

What is the ruling on men wearing rings (those made of silver and of other metals, such as iron), and are there conditions for men wearing rings?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is sunnah for men to wear a silver ring on the right hand, following the practice of the Prophet (peace and blessings be upon him). It is reported in Ṣaḥīḥ al-Bukhārī, on the authority of Anas ibn Mālik (may Allah be pleased with him), that the Messenger of Allah (peace and blessings be upon him) took a silver ring and had “Muḥammad Rasūl Allāh” engraved on it. He said: “I have taken a ring of silver and had ‘Muḥammad Rasūl Allāh’ engraved on it, so let no one engrave the like of its engraving.”
It is a condition that the silver ring not exceed the size customary in the local norm (ʿurf). If it does, that is extravagance (isrāf). A ring made of a metal other than silver, such as iron or copper, is permissible to wear without disapproval (karāhah), except gold, which is forbidden (ḥarām) for a man to wear.
It is stated in Mughnī al-Muḥtāj (Vol.1/p.586): “It is permissible, without disapproval, to wear a ring of iron or lead. It is sunnah for a man to wear a silver ring on the little finger of his right or left hand. Wearing it on the right is better, and it is permissible on the left, and on both together.”
It is also stated in Mughnī al-Muḥtāj (Vol.2/p.97): “It is lawful for him, that is, the man, and likewise the khunthā (person of indeterminate sex), indeed all the more so, to wear a ring of silver, by consensus (ijmāʿ), because the Prophet (peace and blessings be upon him) took a ring of silver, narrated by the two Shaykhs (al-Bukhārī and Muslim). Wearing it is in fact sunnah, whether on the right or the left, though the right is better according to the sound position, as stated in the chapter on clothing in al-Rawḍah… The Shāfiʿī jurists did not specify the permitted size of the ring, and they probably relied on custom (ʿurf), that is, the custom of that country and the habit of people of his standing in it. Whatever exceeds that is extravagance, as they said regarding a woman’s anklet. This is the reliable position (al-muʿtamad).” And Allah Almighty knows best.

Is it permissible for the young woman to turn the suitor down if she had no feelings for him?

Yes, it is permissible for her to do so.

I own a pharmacy and have only merchandise. A full year (*ḥawl*) has passed and I have no cash. How do I pay the zakāh?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Zakāh must be paid immediately from the day it becomes due, and delaying it is forbidden when one is able to pay it, because it is the right of the poor, and it is forbidden to delay giving people their rights except for a valid Sharīʿah excuse. Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him) said: “In our school, zakāh must be paid out immediately. Once it becomes due and he is able to pay it, it is not permissible to delay it. If he is unable, he may delay it until he is able. If he delays it after being able, he is disobedient and becomes liable for it.” [al-Majmūʿ Sharḥ al-Muhadhdhab, Vol.5/p.333]
If cash is not available to pay the zakāh and the only option is to pay in installments, he must pay it, even if in installments, from the proceeds of the merchandise that is sold after the time the zakāh became due, by deducting a set amount from each day’s takings. And Allah Almighty knows best.

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