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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 a woman using contraception without her husband's knowledge if he is mistreating her?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the 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.

Is it recommended (mustaḥabb) for the one offering  a voluntary sacrifice (uḍḥiyyat taṭawwuʿ) to eat from its meat?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
It is highly recommended (Mustahabb) for the person offering a voluntary Udhiyah (sacrificial animal) to eat from its meat, but it is not an obligatory requirement (Wajib). Allah the Almighty says {what means}: "So eat of them and feed the needy who do not beg and the beggar. Thus have We subjected them to you that you may be grateful." (Al-Hajj/ 36)
 
"So eat of them": This directive is an encouraging recommendation, not a binding command.
 
The Qani’ (the needy who do not beg): Refers to a poor person who refrains from asking people for help out of dignity.
 
The Mu’tarr (the beggar): Refers to a poor person who explicitly asks others for assistance. And Allah the Almighty Knows Best.

What is the ruling on deliberately breaking the fast while being capable of fasting?

Whoever intentionally breaks their fast in Ramadan without a valid excuse has committed a major sin and bears great guilt. They must repent, seek forgiveness, refrain from eating and drinking for the rest of the day, and make up for that day after Ramadan.
They have lost an immense reward, which cannot be compensated even by fasting an entire lifetime as a voluntary act, because an obligatory fast cannot be equaled by voluntary fasting.
If the fast was broken through sexual intercourse, the person must:
● Make up for the missed fast (qada), and
● Perform kaffarah by fasting two consecutive months.
● If they are unable to do so, they must feed sixty needy people.

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