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Resolutions of Iftaa' Board

Resolution No. (288): "Allocating a Portion of Waqf Programs` Funds for the Waqf Administrator"

Date Added : 24-06-2020

Resolution No. (288) (8/2020) by the Board of Iftaa`, Research and Islamic Studies:

"Allocating a Portion of Waqf Programs` Funds for the Waqf Administrator"

Date: (24/Ramadan/1441 A.H), corresponding to (17/5/2020 A.D)

 

Praise be to Allah, the Lord of the Worlds; may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

At its session on 24 of Ramadan 1441A.H (17 May 2020 A.D), the Board considered the letter of His Excellency Minister of Awqaf and Islamic Affairs Dr.Mohammad AlKhalayleh. It included the following:  The Ministry plans to grant scholarships at public Jordanian universities to the children of Imams and other workers of the Ministry where (50) scholarships are to be granted per year in various departments. This is of course in accordance with specific regulations issued to this end and in which it is stipulated that the tuition costs will be provided for from the funds of Waqf programs (Educational Waqf Programs) at public universities in cooperation with the Royal Hashemite Court. It is worth pointing that these staff members are in dire need for these scholarships and receive nothing from the funds of the Waqf programs. Could Your Grace clarify the ruling of Sharia on this matter?

After careful consideration, the Board decided the following:

There is nothing wrong with allocating a portion of the Waqf programs' funds for the General Administrator of the Waqf; the Ministry of Awqaf and Islamic Affairs within the framework of a special system issued by the Ministry to this end and in line with achieving the intended aim. This is based on the view of the majority of scholars who deemed allocating a portion of the Waqf revenues for the Waqf Administrator permissible. And Allah The Almighty Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mohammad al-Khalayleh

Dr. Mahmoud al-Sartawi, Member

Sheikh Sa`eid Al-Hijjawi, Member

Dr. Majed al-Darawsheh, Member

Judge Khalid Woraikat, Member

Prof. Adam Nooh Al-Qhodaat, Member

Dr. Jamil Khatatbeh, Member

Dr. Amjad Rasheed/Member

Dr. Ahmad al-Hasanat, Member

Dr. Mohammad Al-Zou`bi/ Member

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Summarized Fatawaa

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

What is the ruling on someone who prays but does not fast, without a valid excuse?

Fasting is one of the pillars of Islam, and a Muslim's faith is incomplete if they neglect the obligation of fasting while being physically capable of observing it.

 Should a person who doesn’t offer Tasbeehb (saying Subhaana Rabbiya Al-‘Atheem during Rukoo`, and saying Subhaana Rabbiya Al-A‘laa during Sujood) during Rukoo` and Sujood perform As-Sahw Sujood (prostration of forgetfulness)?

He/ she doesn`t have to perform Sujood As-Sahw, whether he/she didn`t offer Tasbeeh during Rukoo` and Sujood either intentionally ,or unintentionally, provided that the attentiveness of the heart wasn`t undermined since it is a pillar in both.

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.

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