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Resolutions of Iftaa' Board

Resolution No.(139): "Ruling on Changing the Use of the Land Endowed as a Graveyard"

Date Added : 02-11-2015

                            

Resolution No.(139)(4/2010): "Ruling on Changing the Use of the Land Endowed as a Graveyard"

Date: 23/4/1431 AH, corresponding to 8/4/2010 AD.    

 

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

During its third session held on the above given date, the Board of Iftaa` reviewed the question whereby the Ministry of Awqaf expressed its desire to exchange a piece of land endowed as a graveyard for another piece of land.

After thorough studying and deliberating, the Board decided the following:

In principle, an endowment can neither be sold nor given as a present, nor bequeathed, as indicated by the Hadith of Ibn Umar. When `Umar got a piece of land in Khaibar, he came to the Prophet (PBUH) saying: "I have got a piece of land, better than which I have never got. So what do you advise me regarding it?" The Prophet (PBUH) said: "If you wish you can keep it as an endowment to be used for charitable purposes." So, `Umar gave the land in charity (i.e. as an endowment on the condition that the land would neither be sold nor given as a present, nor bequeathed)" {Bukhari&Muslim}.

Therefore, if the state, the municipality, or a person has endowed a piece of land as a graveyard, then it is obligatory that it be used as such, because the condition set by the owner of the Waqf (endowment) must be abided by.

Accordingly, due to the fact that people have already been buried in this graveyard, the Board believes that exchanging it for another piece of land is impermissible, because if it has been endowed as a graveyard, it must be used as such until the Day of Resurrection. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Grand Mufti of Jordan, Dr. Abdulkareem al-Khasawneh

Vice Chairman of the Iftaa` Board, 

Dr. Ahmad Hilayel

    Dr. Yahia al-Botoosh/ Member

      Sheikh Sa`eid Hijjawi/ Member

                    Dr. Mohammad Khair al-Eesa/ Member

Judge Sari Atieh/ Member

            Dr. Abdurahamn Ibbdah/ Member

       Dr. Mohammad Okla/ Member

              Dr. Abdunnasir Abulbasal/ Member

                    Dr. Mohammad Al-Khalayleh/ Member

                    Dr. Mohammad al-Gharaibeh/ Member

                                                         Dr. Ahmad Al-Hasanat/ Executive Secretary of the Iftaa Board

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Summarized Fatawaa

What is the ruling on preparing food for someone who is not fasting in Ramadan?

It is forbidden to prepare food for someone who is breaking their fast without a valid excuse in Ramadan.
Doing so would be assisting in sin, and assisting in sin is itself a sin.
Allah says {what means}: "but help ye not one another in sin and rancour" [Al-Mai`dah/2]

Is it valid to perform the obligatory prayer while sitting?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Standing (Al-Qiyam) while having the ability to do so is one of the pillars (Arkan) of the prayer; the obligatory (Faridah) prayer is not valid without it. However, whoever is unable to stand may pray sitting down. As for voluntary (Nafilah) prayers, it is permissible to pray them sitting even if one is able to stand, but the one sitting receives half the reward of the one who prays standing. And Allah the Exalted knows best.

Is it permissible to pay the Zakah (obligatory charity) for settling the debt of a deceased relative?

It is impermissible to pay the Zakah for settling the debt of the deceased since Zakah is paid to eligible recipients who are alive. As for the debts of the deceased, they are to be settled from the estate before dividing it amongst the heirs, but if the deceased didn`t leave an estate, then it is desirable for his/her heirs to settle those debts if they can afford them. And Allah Knows Best.

I broke my oath and am now obligated to pay the expiation for a broken oath (kaffārat al-yamīn). Would it be valid to fulfill this by inviting the poor and needy to a meal for them to eat from?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
The expiation for a broken oath (kaffārat al-yamīn) is given to the poor (fuqarā') and needy (masākīn), and it must be given in the form of ownership (tamlīk) transferred to them of the required amount — namely, one mudd of the staple food of the locality, or its equivalent monetary value. It isn`t valid to invite the poor or needy to a meal prepared for them to eat from, as this does not constitute "ownership" (tamlīk) but merely "permission to partake" (ibāḥah).
Imam al-Shirbīnī (may Allah have mercy on him) said: "What is intended is that ownership be transferred to them; therefore, providing them with lunch or dinner [as a meal to eat from] isn`t valid." [Summarized from Mughnī al-Muhtāj,Vol. 5/P.50]. And Allah the Almighty knows best.

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