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Resolutions of Iftaa' Board

Resolution No.(243): "Ruling on Renting a Piece of Land to Build a Masjid on it"

Date Added : 09-06-2020

Resolution No.(243)(12/2017) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Renting a Piece of Land to Build a Masjid on it"

Date: 15/Moharam/1439 AH, corresponding to 5/10/2017 AD.

 

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 of his family and companions.

During its eleventh session held on the above date, the Board reviewed the letter sent from His Excellency Minister of Awqaf and Islamic Affairs, Dr. Wa`elArabiat, and it read as follows:

Residents of Al-Zira` neighborhood (Hai Nazal area) submitted a request for building a Masjid on a piece of land owned by Amman`s Municipality. The Ministry asked the Municipality to facilitate that end, but the latter stipulated receiving  one hundred Dinars as an annual rent, over a period of twenty years. See enclosed contract. Could your Grace clarify the ruling of Sharia on that?

Answer:

After deliberating, the Board decided that renting the above land from Amman`s Municipality to build a Masjid on it is permissible. And Allah Knows Best.

 

Chair  of Iftaa` Board

Grand Mufti of Jordan, Dr. Mohammad Al-Khalayleh

Vice chair of Iftaa` Board, Sheikh AbdulKareem al-Khasawneh

                                   Prof. AbdulnaserabulBasal, Member                     

         Prof. Abdullah al-Fawaz/ Member

Dr. Wa`elArabiat, Member   

                Dr. Mohammad Khair al-Esa, Member

    Dr. Majid Darawsheh, Member

    Sheikh Sa`eidHijjawi, Member

      Dr. Ahmad al-Hasanat, Member

        Dr. Mohammad al-Zo`bi, Memebr

 

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Summarized Fatawaa

What is the ruling on istibra' and how is it performed?

Istibra' (cleansing from urine) is recommended. It is for a person to ensure that nothing remains of urine in its passage before performing istinja'. Its method is: to clear the throat (or cough slightly), shake the penis (meaning to pass fingers along it to expel any remaining urine if needed), and walk a few steps to the extent that one thinks nothing of urine remains if walking is needed. Each person knows his own nature best. The preferred opinion is that this differs among people. The objective is for one to think that nothing remains in the urinary passage that he fears will exit later. And Allah the Almighty knows best.

Does passing wind, from the anus without a smell, invalidate prayer?

If a person is certain of having passed wind even if it was with no smell, then both his/her ablution and prayer are invalidated, thus he/she should remake ablution and re-perform prayer.

Is Zakat al-Fitr obligatory for an unborn child (fetus)?

Zakat al-Fitr is not obligatory for a fetus. However, if the child is born before sunset on the last day of Ramadan, then Zakat al-Fitr must be given on their behalf.

What is the ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.

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