Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(318): "Ruling when the Donor Stipulates Replacing the Waqf with another"

Date Added : 08-01-2023

Resolution No. (318), By The Board of Iftaa, Researches and Islamic Studies:

"Ruling when the Donor Stipulates Replacing the Waqf with another"

Date: (21 Jumada al-Ula, 1444 AH), corresponding to (15/12/2022 AD).

 

 

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.

In its fifteenth meeting held on the above date, the Board of Iftaa` reviewed the letter sent from His Excellency the Minister of Awqaf and Islamic affairs Dr. Mohammad Al-Khalayleh. It read as follows:

According to the Waqf deed presented by Mrs. X, she stipulated selling her endowed flat and building a mosque instead. A copy of this deed No.(1/93/5) (5/12/2006) issued by the Sharia Court of Shmesani area has been attached.

From an Islamic perspective, is the condition of this donor considered valid?

After deliberating, the Board decided what follows:

If the endower stipulated replacing the Waqf (Religious endowment) with another, through buying, selling or direct replacement, then this is approved on the level of fatwa and the judiciary based on the view of the Hanafi jurists who said that in such case the condition of the endower is considerable. It was mentioned in [Al-Fatawa Al-Hindiyah] and other Hanafi books: "If the endower said: "This land of mine is a Waqf for charity till the Day of Judgment provided that it is allowed for me to replace it with something else. It is considered a Waqf out of Istihsan (Application of discretion in legal matters) if the second Waqf was bought with the same price of the first. This view was also given in the book [Moheet Al-Sarkhasi]. Moreover, the second Waqf takes the same conditions of the first and there is no need to renew the conditions of the Waqf in the first place. This was also mentioned in [Fatawa Khadi Khan]. In addition, if the endower stipulated replacing the Waqf with another but didn`t specify that the latter should be a piece of land or a house and sold the first Waqf, then he/she is allowed to replace it with a Waqf of the same kind; a land  or a house. Similarly, if the donor didn`t specify a country, then the replacement may take place in the country of his choice. This view was mentioned in [Al-Kholasah]: "If the endower said that he/she should replace the Waqf with a house, then he/she isn`t allowed to replace it with a piece of land and vice-versa."

In conclusion, the Iftaa` Board is of the view that it is permissible to fulfill the condition of the endower, sell the abovementioned flat for the highest price, then use that amount to build a mosque instead. And Allah The Almighty Knows Best.

 

Grand Mufti of Jordan, Sheikh Abdulkareem Al-Khasawneh

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mahmoud Al-Sartawi/ Member

Sheikh Sa`eid Hijjawi/ Member

Prof. Amjad Rasheed/ Member

Prof. Adam Nooh Al-Qhodah/ Member

Dr. Jameel Khatatbeh/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Younes al-Zou`bi/ Member

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Summarized Fatawaa

Is it incumbent on the fiancée to obey her fiancé?

When the woman settles in her husband`s house, it is incumbent on him to provide for her and it is incumbent on her to obey him. Before that, and if the marriage contract had been concluded, then she is lawfully his wife and thus she should abide by custom in treating him, but if the marriage contract hadn`t been concluded, then she should treat him as a non-Mahram (Marriageable).

When is supplication (du‘a) more likely to be accepted: before or after breaking the fast in Ramadan?

Du‘a is accepted at all times, and this is part of Allah’s mercy and generosity toward His servants.
The Prophet ﷺ said: "No Muslim makes a supplication that does not involve sin or severing family ties except that Allah grants them one of three things: either He grants their supplication immediately, or He stores it for them in the Hereafter, or He averts from them an equivalent harm." [Narrated by Ahmad]
However, in Ramadan, du‘a is especially likely to be accepted shortly before breaking the fast.
The Prophet ﷺ said: "Three supplications are never rejected: the supplication of a fasting person until they break their fast, the supplication of a just leader, and the supplication of an oppressed person. Allah raises it above the clouds, opens the gates of heaven for it, and says: ‘By My might, I will surely grant you victory, even if after a while.’" [Narrated by Al-Tirmidhi]

What type of illness that permits breaking the fast in Ramadan?

It is an illness that, if one fasts, there is a fear it may lead to their death or cause unbearable hardship.

What are the conditions for a valid Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
First: The age of the animal must meet the Sharia requirements. These requirements vary depending on the type of sacrifice:
 
Camels: Must have completed five years and entered their sixth.
 
Cows: Must have completed two years and entered their third.
 
Goats: Must have completed two years and entered their third. As for Sheep, they must have completed one year and entered their second.
 
Some scholars have permitted goats that have completed one year and entered their second.
 
The Hanafi school, along with an opinion in the Maliki school, permits sacrificing sheep that are at least six months old, provided they are healthy and physically substantial. According to the Shafi’i school, it is permissible if the sheep sheds its front teeth (ajdha') before reaching one year [Al-Iqna’, by Al-Shirbini (Vol.2/P.588)].
 
Second: Soundness and freedom from defects. The animal must be free from any defect that causes a decrease in its meat or market value. This is based on the hadith narrated by Al-Bara' bin 'Azib, that the Prophet (peace be upon him) said:
 
"Four [defects] are not permissible in sacrifices: A one-eyed animal whose blindness is evident, a sick animal whose illness is evident, a lame animal whose lameness is evident, and an emaciated animal that has no marrow in its bones." [Reported by Abu Dawood and Al-Tirmidhi, who graded it as authentic].
 
These defects are detailed as follows:
 
Evident Lameness: It is not permissible to sacrifice a lame animal if the lameness is severe enough to prevent it from walking to the pasture or seeking food, as this leads to a decrease in its meat. However, slight lameness that does not hinder its grazing is overlooked.
 
Evident Blindness (One-eyed): It is not permissible to sacrifice a sheep, cow, or camel that has a white film over its eye blocking light, or one that has lost an eye entirely. Weak vision that does not affect its ability to eat does not prevent the sacrifice from being valid.
 
Evident Illness: An animal with a clear sickness that prevents it from eating or moving is not valid. This includes severe mange (Jarab) that spoils the meat.
 
Extreme Emaciation: An animal so thin that there is no marrow left in its bones is invalid. The standard for emaciation that invalidates the sacrifice is that which spoils the quality of the meat to the point that people would find it undesirable even in times of plenty.
 
Additional Considerations:
These are the defects mentioned in the Prophetic tradition, and any defect that causes emaciation or reduces the meat or value is compared to them by analogy. This includes animals that are mentally unstable (diseased), those with mange, or those with a missing ear. In contrast, a slit or pierced ear does not affect the validity of the sacrifice. And Allah the Almighty knows best.