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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

Is it permissible to purchase the Udhiyah on installments?

It is permissible to purchase the sacrificial animal (uḍḥiyyah) on installments or by borrowing its price. However, it is not recommended for the poor to do so, because they are not required to offer a sacrifice, and Allah does not burden a soul beyond its capacity. If doing so would lead to negligence in providing for one's dependents (nafaqah wājibah), then giving precedence to obligatory maintenance over borrowing to buy the sacrifice is appropriate. This is based on the saying of the Prophet (peace and blessings be upon him): "It is sufficient sin for a person to withhold food from those whom he is responsible to support."
 
Furthermore, the sacrifice is valid from one who has a debt, but it is preferable (awlā) to repay the debt first, especially if the debt is due immediately (ḥāll). And Allah Almighty knows best.

If someone starts the day sick or traveling while fasting, is it permissible for them to break their fast?

● A sick person who finds fasting difficult is allowed to break their fast, whether they began the day fasting or not.
● As for a traveler:
○ If they were still at home at dawn and then traveled after Fajr (dawn), they must continue fasting unless they experience extreme hardship, in which case they may break their fast.
○ However, if they were already traveling when dawn broke—meaning they had left their town before Fajr—then they are permitted to break their fast. This is what the Prophetﷺ did during the year of the conquest (of Makkah).

Is it permissible for a woman to shake hands with her brother-in-law?

It is forbidden for the woman to shake hands with her brother-in-law because he isn`t a Mahram (unmarriageable) of hers.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

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