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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

Is vomit among the nullifiers of Wudu (ablution)?

Vomit does not nullify Wudu, but it is a Najaasah (impurity) that requires rinsing the mouth and washing whatever became dirty by it since the prayer becomes valid only after the removal of Najaasah. And Allah Knows Best.

Can a woman perform I‘tikaf in her home?

No, a woman's I‘tikaf is not valid if performed at home, because her home is not a mosque.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

Is it permissible to pay the Fitr Zakah (obligatory charity) of Ramadan on behalf of a dead person?

The Fitr Zakah of Ramadhaan isn`t due on one who had passed away before the sunset of the last day of Ramadan. And Allah Knows Best.

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