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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 01-05-2019

Resolution No.(274) (7/2019)By The Board of Iftaa', Researches anad Islamic Studies:

"Ruling on a Financial Donation Given to Orphans Fund Development Foundation"

Date: (19/Sha`ban/1440 AH), corresponding to (25/4/2019 AD).

 

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 fourth session held on the above date, the Board reviewed the letter (MA/1/1/3250) of His Excellency Mr. Hamdan Al-Faw`eer, director of the Orphans Fund Development Foundation, which reads as follows: "Back in 1981, the Foundation`s board-through resolution No.(6/81) - approved of Mr. Ameen Saleh Mar`ee`s wish to donate 100.000 JDs to be invested by the Orphans Fund Development Foundation (OFDF). This is provided that the annual profits in addition to whatever sums are added to the original donation should be spent in favor of poor Muslim orphans, needy students, the poor and other charity channels. This should also be done under the supervision of the Foundation`s board and the direct participation of Mr. Maree (Donor) himself, and , in case he dies, his son shall take over, and so on. Could you kindly consider discussing this matter with the Board of Iftaa` to provide us with answers to the following questions: Is the above sum (100.000 JDs) a donation or an endowment? Does the donor or his heirs have the right to participate in distributing the annual profits, yielded from investing the above sum, amongst the aforementioned categories who don`t have any funds at the (OFDF)? Is it permissible to consider the above sum amongst the Foundation`s revenues and the earnings made from investing that sum part of the profits added annually to the orphans deposits by the Foundation? Do the heirs of the donor have the right to reclaim the original sum (100.000 JDs)?

After deliberating, the Board decided what follows:

The above sum (100.000 JDs) takes the rulings of an endowment although it was termed a donation. This wording indicates holding money in perpetuity and spending its profits in accordance with the conditions of the donor, as reflected in resolution No.(6/81) issued by the (OFDF). This is in addition to the Sharia maxim, which states that meaning/content prevails over form/structure.

In conclusion, the above sums should be transferred to a party in charge of regulating endowments affairs where it invests the sums in question and spends their profits as stipulated by the endower. In addition, it isn`t permissible for the heirs or any of them to reclaim these sums (100.000 and profits made out of investing it), because once a property is endowed, it becomes Allah`s, not the endower`s. And Allah The Almighty Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem AlKhasawneh/ Member

Sheikh Sa`eid Al-Hijjawi/ Member

Dr. Muhammad Khair Al-Issa/ Member

Prof. Adam Nooh/ Member

Judge. Khaled Al-Worikat/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Al-Zou`bi/ Member

 

 

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Summarized Fatawaa

Is a wife considered sinful if she asked for divorce because her husband married another woman?

A second marriage is lawful, and so it is impermissible for you to ask for divorce because of that. If you are certain that you won`t be able to deliver Allah`s rights and those of your husband`s , then it is permissible for you to ask for Khul`a (Divorce on the demand of the wife). However, you should exercise patience since after difficulties, there is easiness by the will of Allah.

I wish to Pray at the Mosque, but I couldn't because I am a Woman. How can I get such a Reward?

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                                                                                                                                                                                                                            Abdullah Ibn Masood (May Allah be Pleased with him) reported that the Prophet (PBUH) said: "Her prayer inside her home is better than its courtyard, and her prayer in her own bedroom is better than inside her home." [Abu Dawood]. Her staying at home, and not going to the mosque in obedience to Allah`s injunctions entails a great reward similar to that bestowed on a man for going to the mosque since the Mercy and Blessings of Allah Prevails. And Allah Knows Best.

My husband told me that he concluded our marriage with a fake name that belongs to another person, because he was sentenced. Nowadays, he recieved an ID, passport and birth certificate with the his current name. What is the ruling on being married to him?

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.  As regards being married to the person mentioned in your question: The marriage is valid so long as he was the same person your guardian concluded the marriage with, even if he changed his name i.e. if your marriage contract was concluded with the same person, since what counts regarding marriage is the persons not names. And Allah Knows Best.

 

An Imam stood to offer a fifth Rak`ah in a four-Rak`ah prayer, and he was reminded to sit by those behind him, but he wouldn`t listen. What is the ruling on those who followed his lead knowingly and intentionally?

If the Imam stood to offer a fifth Rak`ah, those praying behind him shouldn`t have approved of that, and the prayer of those who did is considered null and void.

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