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Resolutions of Iftaa' Board

Resolution No.(329): "Ruling on Exchanging a Waqf "

Date Added : 09-07-2025

Resolution No.(329) (5/2025) "Ruling on Exchanging a Waqf "

Date (27/Dhul-Hijjah/1446 AH), corresponding to (23/6/2025 CE)

 

All praise is due to Allah, the Lord of the Worlds, and peace and blessings be upon our Master Muhammad, and upon his family and companions.

In its fourth session held on the above date, the Board of Iftaa, Research and Islamic Studies considered the letter sent from His Excellency the Minister of Awqaf (Endowments), Islamic Affairs and Holy Sites, Dr. Muhammad Al-Khalayleh. The letter stated: "Attached herewith is a copy of the Awqaf Board`s Resolution No. (4/3/205) (20/3/2025 CE), regarding the request submitted by the heirs of M. H. to exchange the roof of the fuel station on which the Abu Al-Anbiya' Mosque (peace be upon him) is built, located on plot number (115), basin number (45) of Al-Humraniya lands in Amman, with plot number (972), basin number (44) of Umm Suwaywinah lands in Amman. This is due to reasons related to the disapproval of the relevant authorities to renew the license for the station, which is in violation of the regulations, and the mosque's location on top of the station's fuel tanks. I request a clarification of the Sharia opinion regarding the issuance of a document for exchanging the Waqf."

After research, study, and deliberation, the Board resolved the following:

The established principle among jurists is that a Waqf (An endowed property) may not be sold, gifted, or exchanged, because it has passed out of the ownership of the endower, and thus he is not permitted to dispose of it in any way that would nullify its benefit.

Furthermore, if land is endowed and becomes a mosque, thereby acquiring the status of a mosque (Masjidiyyah), it is not permissible to exchange it under any circumstances according to the majority of jurists, due to the permanence of its mosque status. However, some jurists permitted the exchange of a mosque if its intended benefits become impaired, such as it becoming too small for its community and impossible to expand, or due to the dilapidation of the area or neighborhood where it is located.

Accordingly, the Board, after careful consideration, views that, in order to achieve the benefit of the Waqf and the public interest, and to avert the harm and great danger to worshippers and frequenters of the mosque due to its location above a fuel station – a situation that could effectively negate its benefit – there is no sin in exchanging the Waqf. And Allah The Almighty Knows Best.

 

Chairperson of Iftaa` Board

Grand Mufti of Jordan,

Dr. Ahmad Al-Hasanat

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mahmood Al-Sartawi/ Member

Dr. Zaid Ibrahim Al-Kilani/ Member

Sheikh Sa`eid Al-Hijjawi/ Member

Dr. Hasan Makhatreh/ Member

Judge Fares Foraihat/ Member

Prof. Adam Nooh Al-Qhodat/ Member

Prof. Amjad Rasheed/ Member

Dr. Waleed Al-Shaweesh/ Member

Dr. Mohammad Younis Al-Zou`bi/ Member

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Summarized Fatawaa

What is the ruling on wiping the front of the head beneath the ḥijāb, and is it permissible to wipe over the ḥijāb if it was put on while in a state of purification (wudu`)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is permissible to wipe the front portion of the head (nāṣiyah) with the fingertips. It is likewise sufficient to place a wet hand over a head covering (ḥijāb), provided the moisture actually reaches the hair beneath it — if it does not, it does not suffice. A head covering is not treated in the same manner as leather socks (khuff) and may not be wiped over in lieu of the head itself.
Imām al-Nawawī, may Allah have mercy upon him, states in al-Majmūʿ (Vol.1/P.407): "If a person is wearing a turban and does not wish to remove it — whether for a valid reason or otherwise — he should wipe the entire front portion of the head... The same ruling applies to whatever a woman wears on her head. If, however, he confines himself to wiping over the turban without wiping any part of the head itself, this does not suffice — and there is no disagreement among us on this point." He further states: "A woman is like a man in the manner of wiping the head... She should insert her hand beneath her head covering so that the wiping falls upon the hair itself. If she places her wet hand over her head covering, our scholars stated: if the moisture does not reach the hair, it does not suffice her." And Allah the Almighty knows best.

What is the ruling on someone who is uncertain whether he omitted one of the ab‘āḍ of the prayer, such as being uncertain whether he omitted the first tashahhud?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ab‘āḍ include the middle tashahhud and the qunūt in Fajr prayer — for which sujūd as-sahw (the prostration of forgetfulness) is prescribed if left out. Whoever is uncertain, during the prayer, whether he omitted one of these elements, should proceed on the assumption that he did not perform it, and should perform sujūd as-sahw accordingly.
It is stated in ‘Umdat as-Sālik (p. 63): "If he is uncertain... whether he omitted a specific ab‘āḍ element, or whether he performed sujūd as-sahw, or whether he prayed three or four rak‘ahs — he proceeds on the assumption that he did not do it, and performs sujūd as-sahw."
The original principle (al-aṣl) for someone uncertain about [having performed] the first tashahhud is that he assumes he did not perform it. And Allah, the Exalted, knows best.

What is the ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.

Is the prayer of someone who didn`t face Quibla (Ka`ba direction) valid?

All perfect praise be to Allah,The Lord of The Worlds.                                                                                                                                                              Facing the Quibla is a condition for the validity of prayer, and the prayer of the person who hadn`t faced the direction of the Quibla is invalid, and he is obliged to repeat it. And Allah Knows Best.

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