عربي
Home


Resolutions of Iftaa' Board


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

Decision Number [ Previous | Next ]


Summarized Fatawaa

Does vomiting during the day in Ramadan break the fast?

Intentional vomiting is one of the nullifiers of fasting; whoever vomits deliberately breaks their fast.
However, if vomiting occurs involuntarily, the fast remains valid as long as nothing returns to the body cavity (jauf). If anything is swallowed back, the fast is invalidated.
The Prophet ﷺ said: "Whoever is overcome by vomiting does not have to make up the fast, but whoever induces vomiting deliberately must make it up." [Narrated by Abu Dawood and At-Tirmidhi]

Does passing wind, from the anus without a smell, invalidate prayer?

If a person is certain of having passed wind even if it was with no smell, then both his/her ablution and prayer are invalidated, thus he/she should remake ablution and re-perform prayer.

What is the ruling on istinja' after urination, and is it done with water and soap or with water only?

Istinja' from urine and stool is obligatory. It is permissible to perform istinja' with water alone, or with toilet paper alone. The best way is with toilet paper then water. If one wishes to suffice with one of them, then water is better. And Allah the Almighty knows best.

A man insulted the Divine Essence; is it obligatory for him to perform Ghusl?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Insulting or blaspheming the Divine Essence (Dhat al-Ilahiyyah) constitutes apostasy (Riddah). The perpetrator of this grave sin must immediately repeat the two testimonies of faith (Shahadah) and sincerely repent to Allah the Exalted. It is recommended (Sunnah) for them to perform a ritual bath (Ghusl), though it is not a mandatory condition [for the validity of their return to Islam]. And Allah the Exalted knows best.

See More