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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

What is the ruling on the ablution of one who touches women prohibited to him by a temporary prohibition (mahram bi-hurma mu'aqqata)?

It is prohibited to touch a woman who is temporarily prohibited (meaning one whom it becomes permissible to marry after the impediment is removed, such as the wife of a brother or paternal uncle). Touching her without a barrier invalidates ablution. And Allah the Almighty knows best.

What is the ruling on a Friday sermon in which the khaṭīb did not explicitly exhort the congregation to be conscious of Allah (taqwā) in both sermons, but sufficed with commanding them to obey Allah and refrain from disobeying Him?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
For the Friday sermon (khuṭbat al-Jumʿah) to be valid, certain essential pillars (arkān) must be fulfilled. Among these is the exhortation to be conscious of Allah (waṣiyyah bi-taqwā Allāh), which must be present in both sermons. Alongside this pillar, the praising of Allah (ḥamdallah) and the sending of blessings upon the Messenger of Allah ﷺ are equally required.
Shaykh al-Islām Imām Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "These three are pillars in each of the two sermons, because each sermon is independent and separate from the other." [Tuḥfat al-Muḥtāj,Vol.4/P.447]
It is not a condition that the exhortation be expressed in any specific wording, nor is it required that the word "taqwā" itself be used — such as saying "I exhort you to be conscious of Allah." Rather, this pillar is fulfilled by any expression that contains a command to obey Allah the Almighty and to abstain from what He has prohibited.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "The third pillar is the exhortation to taqwā... The specific wording of this exhortation is not required, according to the most correct view, because the purpose is admonition and the urging of obedience to Allah the Almighty. Therefore, any expression that conveys admonition suffices — whether long or short — such as: 'Obey Allah and be ever mindful of Him.'" [Mughnī al-Muḥtāj,Vol.1/P.550]
Accordingly, what the khaṭīb has done — by commanding obedience to Allah and forbidding disobedience to Him in both sermons — is valid and sufficient. And Allah the Almighty knows best.

What is the ruling on deliberately breaking the fast while being capable of fasting?

Whoever intentionally breaks their fast in Ramadan without a valid excuse has committed a major sin and bears great guilt. They must repent, seek forgiveness, refrain from eating and drinking for the rest of the day, and make up for that day after Ramadan.
They have lost an immense reward, which cannot be compensated even by fasting an entire lifetime as a voluntary act, because an obligatory fast cannot be equaled by voluntary fasting.
If the fast was broken through sexual intercourse, the person must:
● Make up for the missed fast (qada), and
● Perform kaffarah by fasting two consecutive months.
● If they are unable to do so, they must feed sixty needy people.

Is it permissible for an elderly person, a pregnant woman, or someone with a chronic illness to pay fidyah before Ramadan begins?

It is not permissible for an elderly person, a pregnant woman, or someone with a chronic illness to pay fidyah before Ramadan begins.
Additionally, it is not allowed to pay fidyah for more than one day in advance, because fidyah is a substitute for fasting, and fasting is not yet obligatory at that time.
However, it is permissible to pay fidyah for a single day in advance, by analogy with paying zakat up to one year in advance.

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