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Resolutions of Iftaa' Board

Resolution No.(329): "Ruling on Exchanging a Waqf "

Date Added : 09-07-2025

Resolution No.(329) (5/2025) "Ruling on Exchanging a Waqf "

Date (27/Dhul-Hijjah/1446 AH), corresponding to (23/6/2025 CE)

 

All praise is due to Allah, the Lord of the Worlds, and peace and blessings be upon our Master Muhammad, and upon his family and companions.

In its fourth session held on the above date, the Board of Iftaa, Research and Islamic Studies considered the letter sent from His Excellency the Minister of Awqaf (Endowments), Islamic Affairs and Holy Sites, Dr. Muhammad Al-Khalayleh. The letter stated: "Attached herewith is a copy of the Awqaf Board`s Resolution No. (4/3/205) (20/3/2025 CE), regarding the request submitted by the heirs of M. H. to exchange the roof of the fuel station on which the Abu Al-Anbiya' Mosque (peace be upon him) is built, located on plot number (115), basin number (45) of Al-Humraniya lands in Amman, with plot number (972), basin number (44) of Umm Suwaywinah lands in Amman. This is due to reasons related to the disapproval of the relevant authorities to renew the license for the station, which is in violation of the regulations, and the mosque's location on top of the station's fuel tanks. I request a clarification of the Sharia opinion regarding the issuance of a document for exchanging the Waqf."

After research, study, and deliberation, the Board resolved the following:

The established principle among jurists is that a Waqf (An endowed property) may not be sold, gifted, or exchanged, because it has passed out of the ownership of the endower, and thus he is not permitted to dispose of it in any way that would nullify its benefit.

Furthermore, if land is endowed and becomes a mosque, thereby acquiring the status of a mosque (Masjidiyyah), it is not permissible to exchange it under any circumstances according to the majority of jurists, due to the permanence of its mosque status. However, some jurists permitted the exchange of a mosque if its intended benefits become impaired, such as it becoming too small for its community and impossible to expand, or due to the dilapidation of the area or neighborhood where it is located.

Accordingly, the Board, after careful consideration, views that, in order to achieve the benefit of the Waqf and the public interest, and to avert the harm and great danger to worshippers and frequenters of the mosque due to its location above a fuel station – a situation that could effectively negate its benefit – there is no sin in exchanging the Waqf. And Allah The Almighty Knows Best.

 

Chairperson of Iftaa` Board

Grand Mufti of Jordan,

Dr. Ahmad Al-Hasanat

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mahmood Al-Sartawi/ Member

Dr. Zaid Ibrahim Al-Kilani/ Member

Sheikh Sa`eid Al-Hijjawi/ Member

Dr. Hasan Makhatreh/ Member

Judge Fares Foraihat/ Member

Prof. Adam Nooh Al-Qhodat/ Member

Prof. Amjad Rasheed/ Member

Dr. Waleed Al-Shaweesh/ Member

Dr. Mohammad Younis Al-Zou`bi/ Member

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Summarized Fatawaa

What should one do if they see a fasting person eating or drinking forgetfully during Ramadan?

If someone sees a fasting person in Ramadan eating or drinking forgetfully, they should gently remind them to stop. Although the forgetful person is neither sinful nor has their fast broken, their action outwardly appears as something impermissible. Therefore, we should kindly remind them to refrain.

What is the wisdom behind legislating the Udhiyah?

The Muslim must know that through the Uḍḥiyah, he complies with the command of Allah, the Exalted, and performs a worship that brings him closer to Allah and distances him from the Fire.
 
The Uḍḥiyah holds profound wisdoms and noble meanings, including:
 
1-Reviving the Sunnah of Abraham, peace be upon him: He complied with Allah's command when He ordered him to slaughter his son Ishmael. Abraham, peace be upon him, succeeded in the test, and when he was about to slaughter his son, Allah sent down a ram to ransom Ishmael and commanded him to slaughter it instead. Allah, the Exalted, says {what means]: "And when he reached with him [the age of] exertion, he said, 'O my son, indeed I have seen in a dream that I [must] sacrifice you, so see what you think.' He said, 'O my father, do as you are commanded. You will find me, if Allah wills, of the steadfast.' And when they had both submitted and he put him down upon his forehead, We called to him, 'O Abraham, You have fulfilled the vision.' Indeed, We thus reward the doers of good. Indeed, this was the clear trial. And We ransomed him with a great sacrifice." [Al-Ṣāffāt/102-107]. Thus, the sacrificial offering became an enduring Sunnah until the Day of Judgment, and Muslims offer their wealth as sacrifices, drawing closer to Allah, the Exalted, reviving this great Sunnah.
 
2-Providing abundance for people on Eid day and the Days of Tashrīq: Among the wisdoms of the Uḍḥiyah is that the Muslim provides generously for his family, neighbors, relatives, and the poor during these days. The Muslim is encouraged to eat from his sacrifice, give charity from it to the poor, and gift from it to his wealthy neighbors. Thus, goodness spreads throughout the entire community. The Prophet, peace and blessings be upon him, said: "The Days of Tashrīq are days of eating and drinking." (Narrated by Muslim). Allah, the Exalted, says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Ḥajj/36]. This good includes the good of both this world and the Hereafter.

Is it permissible for a guardian (Big brother) to unlawfully stop his sister from getting married?

If the guardian denies her right in getting married for an unlawful reason, she should go to court in order to settle that matter, and the guardian is considered sinful in this case.

What is the ruling on the cessation of blood after (40) days from delivery, but later continued sporadically during two days of Ramadan?

Once postpartum bleeding (Nifas) ceases, and the woman is certain that it won`t reoccur, then she becomes ritually pure and so she is free to make Ghusl (purificatory bath), pray, and fast. If the bleeding reoccurs before fifteen days from its cessation, and before the end of (60) days after delivery, then the ruling on postpartum bleeding is effective, and her fasting and prayer are null and void, thus she must make up the fasting that she missed and not the prayer during those particular days.

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