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Resolutions of Iftaa' Board

Resolution No. (210): "Ruling on Investing Part of the Waqf for its Benefit"

Date Added : 05-10-2015

Resolution No. (210) (23/2014) , by The Board of Iftaa', Researches and Islamic Studies:

"Ruling on Investing Part of the Waqf for its Benefit"

Date: 6/RabieAl-Awwal/1436, corresponding to 28/12/2014.

 

Praise be to Allah; and may His blessings and peace be upon our Prophet Mohammad and upon all his Family and Companions.

The Board of Iftaa`, Research and Islamic Studies reviewed in its fourteenth session, Sunday(6/ Rabie Al-Awwal/1436)=(28/12/2014), the letter of His Excellency, the Secretary General of the Ministry of Endowments, and it reads as follows:

I hereby enclose the certificate of the charitable endowment (Waqf) of  lot No.(135)-(5) from Tla` Al-Ali lands {Waqfia of the schools of the Sheikh of Martyrs, Umar Al-Mokhtar }. Kindly clarify the ruling of Islamic Sharia` in what follows:

1- Investing a part of this endowed lot for the purpose of covering the expenses of the school and the orphan students who dwell in it.

2- Spending from the revenues of this investment on the orphans whose guardians refuse to allow them  stay the night at the school or to cover the expenses of their study.

3- Admitting other students in return for paying the tuition, so as to integrate the orphans with their peers, and secure an additional source of financing to the Waqf.

After careful study and deliberation, the board decided the following:

There is no harm in investing a part of the endowed lot, referred to above, for spending on the school, Muslim-orphan students and  sons of martyrs since the certificate of this endowment has stipulated dedicating it for the welfare of these categories, so the revenues of the invested part are included in this stipulation, and putting this stipulation into effect is adhering to the condition set by the Waqif (endower), and there is no harm in doing so.

However, we recommend adherence to making  Muslim orphans and sons of martyrs a priority, so only a certain number of other students should be allowed into the school i.e. that which fulfills the necessary benefit of the above categories, and provided that other students pay the full fees, and these are to be used in meeting the stipulation of the endower. This way, conditions for the permissibility of  disposing of this Waqf, according to the form mentioned in the above question, are met. And Allah Knows Best..

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

Dr. Hayil Abdulhafeez/ Member

Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa/ Member

Dr. Moh. Al-Qodah/ Member

Dr. Wasif  Al-Bakri/ Member

Dr. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

What is the ruling on the ablution of one who cuts his nails, and is it permissible to cut them before the ritual bath for major impurity (janabah)?

Cutting nails does not invalidate ablution, and it is permissible to cut them before the ritual bath for major impurity. And Allah the Almighty knows best.

How to perform the witr prayer in terms of connection (wasl) and separation (fasl)?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Witr prayer has several forms that vary in terms of virtue:
 
The First Form: Separating every two units (rak‘ah) with a Tashahhud and a Taslim (salutation). This is superior to connecting the units, even if it is only a single rak‘ah. This is based on the Hadith of ‘Aishah (may Allah be pleased with her): 'The Messenger of Allah ﷺ used to pray eleven units between the end of the ‘Isha prayer and dawn, performing the Taslim after every two units and performing Witr with a single unit.' (Related by al-Bukhari & Muslim).
 
The Second Form: Connecting the units with only one final Tashahhud at the very end.
 
The Third Form: Connecting with two Tashahhuds—meaning reciting the Tashahhud before the final unit without performing the Taslim, then standing to complete the final unit. This form is considered the lowest in rank so that the Witr prayer remains distinct from the obligatory Maghrib prayer, as stated in the Hadith: 'Do not make the Witr resemble the Maghrib prayer.' (Narrated by Al-Daraqutni, who stated its narrators are trustworthy).
 
It is stated in Bushra al-Karim Sharh al-Muqaddimah al-Hadramiyyah: 'It is permissible to connect [the Witr] with one Tashahhud in the final unit—which is better—or with two Tashahhuds in the last two units, as both methods are established in Sahih Muslim from the actions of the Prophet ﷺ. In the connected method, more than two Tashahhuds are prohibited. Furthermore, separating (al-Fasl) is better than connecting (al-Wasl) if the number of units is the same, because the Hadiths supporting it are more numerous and it involves more devotional actions.' And Allah the Exalted knows best."

Is it a condition for the mosque where I‘tikaf is performed to hold Jumu‘ah prayers?

No, it is not a condition for the mosque where I‘tikaf is performed to have Jumu‘ah prayers. However, if a person vows to perform continuous I‘tikaf, and Jumu‘ah occurs within that period, then they must observe I‘tikaf in a mosque where Jumu‘ah is held so that they do not break their continuity by leaving for Friday prayer.

What is the ruling on a person who insists on praying in a specific spot and becomes angry if someone else prays there?

ruling on a person who persists in praying in a specific spot and becomes angry if someone else occupies it

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Our Master the Prophet ﷺ forbade a man from habitually claiming a specific spot in the mosque as a camel claims its place (to sit); scholars consider this to be among the disliked matters (Makruhat). It is therefore obligatory to advise this individual that whoever arrives at a spot first has the most right to it. And Allah the Exalted knows best.

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