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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(309): "Transferring the Status of Masjid from one Floor to another"

Date Added : 03-04-2022

Resolution No.(309)(4/2022):

"Transferring the Status of Masjid from one Floor to another"

Date: (24/ Sha`ban/1443 AH), corresponding to (27/3/2022 AD).

 

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

At its 3rd meeting held on the above date, the Board reviewed the letter No.(2363/1/1/9) of His Excellency Minister of Awqaf And Islamic Affairs Dr. Mohammad Al-Khalayleh. In this letter, the Director of the1st Awqaf Directorate and Amman requested dividing the ground floor of Masjid Hasan Abu Sha`iera (Marka) into a residence for the Imam and Mo`azin since they were officially appointed to this Masjid. It is worth pointing that the ground floor was a Masjid before the Masjid`s Committee built a first floor that was used into a Masjid. Currently, the ground floor is furnished with carpets and was used as a prayer place for women. Is it permissible to turn the ground floor, which was used as Masjid, into a residence for the Imam and the Mo`azin?

After deliberating, the Board arrived at the following decision:

It is permissible for the Administrator of the Public Waqf-The Ministry of Awqaf and Islamic Affair-to transfer the status of Masjid to the first floor and establish prayers there. It is also permissible to turn the ground floor into a residence for the Imam and the Mo`azin. However, this is provided that a special section is allocated as prayer place for the women, and this way the best interest of this Waqf is achieved and from different perspectives. Al-Mawardi, a Hanbali scholar, stated in {Al-Ensaaf}: "It is permissible to add a new floor as a Masjid if most of the praying people wanted that and to turn the lower floor into a place for providing drinking water and shops. This was stated by Imam Ahmad and adopted by Al-Khadhi." And Allah The Almighty Knows Best.

 

 Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mohammad al-Khalayleh/ Member

Dr. Mahmoud al-Sartawi/ Member

Sheikh Sa`eid Al-Hijjawi/ Member

Prof. Adam Nooh Al-Qhodat/ Member

Prof. Amjad Rasheed/Member

Dr. Jamil Khatatbeh/ Member

Dr. Ahmad al-Hasanat/ Member

Dr. Mohammad Younis Al-Zou`bi/ Member

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Summarized Fatawaa

If a person enters a mosque and finds the congregation in the final tashahhud, which is more virtuous — joining them or waiting for a second congregation to catch the opening takbīr (takbīrat al-iḥrām)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a worshipper finds a congregation that is about to finish its prayer, and he hopes to catch the entire prayer from the beginning with another congregation, it is more virtuous for him to pray with this first congregation and then repeat the prayer with the second one — provided he does not intend to confine himself to a single prayer. If, however, he intends to perform only one prayer, then it is more virtuous for him to wait for the second congregation rather than joining the first, so that he may attain the reward of congregational prayer for every single rakʿah.
Al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "If members of a congregation enter the mosque while the imam is in the final tashahhud, al-Qāḍī Ḥusayn held that it is recommended for them to join him in prayer, and that they should not delay in order to form a second congregation. Al-Mutawallī, however, affirmed the opposite view, and al-Qāḍī's own statement elsewhere supports this latter position, which is the relied-upon view. In fact, it is more virtuous for a person who has missed part of the prayer with one congregation, and who hopes to catch another congregation with whom he can attain the entire prayer within its proper time, to delay so that he may catch it in full with them. This applies when he intends to confine himself to a single prayer; otherwise, it is more virtuous for him to pray with the first group and then repeat the prayer with the others." [Mughnī al-Muḥtāj,Vol. 3/P.186] And Allah the Almighty knows best.

What is the ruling on the ablution of one who touches women prohibited to him by a temporary prohibition (mahram bi-hurma mu'aqqata)?

It is prohibited to touch a woman who is temporarily prohibited (meaning one whom it becomes permissible to marry after the impediment is removed, such as the wife of a brother or paternal uncle). Touching her without a barrier invalidates ablution. And Allah the Almighty knows best.

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.

Can a person required to give kaffarah feed it to their own family members?

The kaffarah must be given to the poor and needy who are not financially dependent on the one giving the kaffarah.
If a person feeds it to their own family members, it does not count as kaffarah, and their obligation remains unfulfilled.

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