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Resolutions of Iftaa' Board

Resolution No.(291): "Ruling on Transferring Donations in Favor of Another Mosque"

Date Added : 12-08-2020

 

Resolution No. (291) (11/2020) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Transferring Donations in Favor of another Mosque "

Date: (16th of Dhu al-Hijjah, 1441 AH), corresponding to (6/8/2020 AD).

 

All perfect 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.

In its 10nth meeting held on the above date, the Board of Iftaa`, Research and Islamic Studies reviewed the letter No. (2/1/1/15576) sent from the Ministry of Awqaf, Islamic Affairs and Holy Sites about allowing the withdrawal of funds from the accounts of the mosque`s working construction committees entrusted with collecting donations as well as the non-working committees relieved from this duty. The purpose is paying mosques` electricity and water bills and installing solar systems for them, in addition to covering other expenses. Could Your Grace clarify the ruling of Sharia on this?

In principle, a donation must be spent according to the intention of the donor since the latter entrust the Mosques` Construction Committees do so. However, when a mosque has a surplus of donations, then there is no sin in transferring it to the benefit of another mosque, of course, after approval of the Awqaf Council. It is stated in the Hanbali book [Khash-shaf al-Qhinaa`, vol.4/pp..295]: "When there is a surplus in a mosque`s items (lamp oil, rugs and the like) and it was sold, then it is permissible to transfer the money to the benefit of another mosque for it will be spent for the same purpose." And Allah the Almighty Knows Best. 

 

 Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mahmoud al-Sartawi, Member

Sheikh Sa`eid Al-Hijjawi, Member

Dr. Majed al-Darawsheh, Member

Dr. Ahmad al-Hasanat, Member

Judge Khalid Woraikat, Member 

Prof. Adam Nooh Al-Qhodaat/Member

Dr. Amjad Rasheed/Member

Dr. Jamil Khatatbeh/Member

Dr. Mohammad Younis Al-Zou`bi/ Member

 

 

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Summarized Fatawaa

If a woman becomes pure from menstruation shortly after Fajr in Ramadan, what is required of her?

If a woman becomes pure (from menstrual period) after Fajr, even shortly after, it is recommended (but not obligatory) for her to refrain from eating and drinking for the rest of the day. However, she must make up for that day after Ramadan.
She will be rewarded for both refraining from eating (imsak) and making up the fast (qada) since she was menstruating for part of the day.

What is the ruling of Islamic Law on one who died owing debts and left no wealth? Is it obligatory upon the heirs to settle these debts?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The general rule is that if a person dies owing rights to other people, such as debts, these are settled from his estate, if he left any wealth, before the estate is divided. The Prophet (peace and blessings be upon him) said: “The believer's soul is suspended by his debt until it is settled for him.” Graded ḥasan by al-Tirmidhī. Repayment of debts takes precedence over the heirs’ right to inheritance.
If the deceased left no estate, or left wealth that was insufficient to cover his debts, it is not obligatory for the heirs to pay from their own wealth, but it is recommended for them to do so, because the deceased’s dhimmah (legal liability) remains occupied by the debt. It is reported in some narrations that he remains held in suspension until his debt is paid, and it is not part of filial righteousness for a child to leave his father’s dhimmah burdened with debt.
All of the children may contribute to settling the debt on behalf of their father and cooperate in doing so, even in installments, according to their ability. And Allah Almighty knows best.

What is the ruling on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.

Why was the exact date of Laylat al-Qadr concealed?

The wisdom behind this is to encourage Muslims to strive in worship throughout all the nights of Ramadan, or at least in the last ten nights. By doing so, they will earn the reward of observing Laylat al-Qadr as well as the reward of worshiping on other blessed nights.

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