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Resolutions of Iftaa' Board

Resolution No. (332): "Ruling on Leasing Part of Land Designated for Burial"

Date Added : 26-03-2026

Resolution No.: (332) (3/2026): " Ruling on Leasing Part of Land Designated for Burial"

 Date: (19/ Ramadan/ 1447 AH), corresponding to (March 9, 2026 AD)

Praise be to Allah, Lord of the Worlds, and peace and blessings be upon our Master Muhammad, and upon all his family and companions.

The Board of Iftaa’, Research, and Islamic Studies, in its third session held on the above date reviewed the inquiry submitted by His Excellency the Minister of Awqaf and Islamic Affairs and Holy Places, His Eminence Dr. Muhammad Al-Khalayleh, which states:

With reference to the lease application for land plot No. 705, Basin 28 (Eastern Al-Tarabil), Al-Salihiyya Village/ Mafraq Governorate, with an area of 139,935 dunums, which was designated by the Kingdom's Treasury to the Ministry of Awqaf to be used as a cemetery. I kindly request your Eminence to clarify the Sharia ruling regarding leasing a portion of the aforementioned land for agricultural purposes, given its large size and the fact that it contains only four old graves. Currently, it is not being used for burials due to its distance from urban areas and the lack of service roads. Furthermore, leasing it will not hinder its future use for burials. Attached for your Eminence are the inspection report and documents for the land plot."

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

The obligation regarding land designated by the General Treasury is to ensure its utilization for the general interests of Muslims in the most complete and optimal manner. If the land is designated for burial, it should originally remain for that purpose. However, there is no religious objection (Mani') to utilizing a portion of it by leasing it until it is needed for burial. This is to ensure that its rental income benefits the endowment (Awqaf) interests and that no potential revenue is lost. The governing Sharia principle in this matter is the "Consideration of Interests" (Mura’at al-Masalih) as much as possible within the intent of the designator. And Allah the Exalted 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 Al-Kilani/ Member

Sheikh Sa`eid Al-Hijjawi/ Member

Dr. Atif Al-Qhodah/ Member

Judge Fares Foraihat/ Member

Prof. Adam Nooh Al-Qhodat/ Member

Dr. Amjad Rasheed/ Member

Prof. Waleed Al-Shaweesh/ Member

Dr. Mohammad Younis Al-Zou`bi/ Member

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Summarized Fatawaa

When is it Sunnah to slaughter the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah for the 'aqīqah to be slaughtered on the seventh day from the birth of the newborn. According to the sounder position, the day of birth itself is counted as the first of the seven days. Thus, for example, if the child is born on a Saturday, the 'aqīqah is to be slaughtered on the following Friday. If the child is born at night, the count begins from the day that follows. And Allah Almighty knows best.

What should a person who was favored from Allah with a newborn, but couldn`t afford an Aqeeqah, do?

Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth) is a desirable Sunnah for the financially able since Allah, The Exalted, charges not a soul beyond its capacity. Therefore, if the father couldn`t afford the Aqeeqah before the end of his wife`s confinement, then it isn`t due on him, and if he was able to afford it later on, then it is permissible, but if he didn`t until the child reached puberty, the latter can offer the Aqeeqah himself.

Is it permissible for one to give the Zakah (obligatory charity) to his indebted brother?

It is permissible for one to give the Zakah to his brother if he was indebted, or poor.

Is it permissible to eat from an Udhiyah slaughtered on behalf of a deceased person?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to eat from the sacrifice (uḍḥiyyah) that is offered on behalf of a deceased person. This is the madhhab (school of thought) of the Hanbalis. In this case, the heirs take the place of the deceased as if he were alive, with the same rights to eat from it, give it in charity, and offer it as a gift.
 
It is stated in Maṭālib Uli al-Nuhā (Vol.2/P.472): "Offering a sacrifice on behalf of a deceased person is better than offering one on behalf of a living person, because the deceased is unable (to perform deeds) and is in need of reward. It is to be treated like a sacrifice on behalf of a living person in terms of eating, giving charity, and giving gifts." And Allah Almighty knows best.

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