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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

How is the Night Prayer (Qiyam al-Layl) performed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Night Prayer (Qiyam al-Layl) refers to the voluntary (Nafl) prayers performed by a person after the Sunset prayer (Maghrib) and before the Dawn prayer (Fajr). As for Tahajjud, it is the voluntary prayer performed during the night specifically after waking up from sleep, as an act of devotion to Allah. Allah the Exalted says {what means}: "And from [part of] the night, pray with it [i.e., recitation] as additional worship for you." (Al-Isra/79). Thus, in terms of reward,Tahajjud is superior to voluntary prayers performed before sleeping. And Allah the Exalted knows best.

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

Is it permissible to combine Zuhr and Asr prayers for being occupied with a wedding ceremony?

No, it isn`t permissible to combine Zuhr and Asr, or Maghrib and Isha because of being busy with a wedding since the exemption for combining prayers is based on lawful excuses, and this isn`t one of them. And Allah Knows Best.

What are the valid excuses for abstaining from congregational prayer in the mosque?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Concessions (Rukhsah) are granted to abstain from congregational prayer in the mosque due to general excuses, such as: rain that causes hardship in going out, strong winds at night, heavy mud that cannot be traversed without the risk of soiling oneself, hot winds, and extreme heat or cold. There are also specific individual excuses, such as: illness that makes walking as difficult as walking in the rain, severe drowsiness, evident hunger or thirst, the suppression of bodily wastes (urine, stool, or gas), and fear for one's life, limb, physical faculty, wealth, or honor, among other valid excuses. And Allah the Exalted knows best.

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