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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

Can a person required to give kaffarah feed it to their own family members?

The kaffarah must be given to the poor and needy who are not financially dependent on the one giving the kaffarah.
If a person feeds it to their own family members, it does not count as kaffarah, and their obligation remains unfulfilled.

What is the ruling on forgetting an integral of the prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Whoever forgets an integral (Rukn) of the prayer and remembers it before reaching the equivalent point in the subsequent unit (Rak'ah), must return to it (i.e., perform it) and complete his prayer, then perform the prostration of forgetfulness (Sujud al-Sahw) at the end of his prayer. However, if he remembers it after reaching the equivalent point in the subsequent unit, the Rak'ah in which the integral was forgotten is invalidated, and the current unit takes its place; he then completes a full Rak'ah to compensate and performs the prostration of forgetfulness.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.1/P.543): 'If he becomes certain at the end of his prayer, or after the Salam—provided the interval is not long according to custom and he has not stepped on an impurity—that he omitted a prostration from the final Rak'ah, he must perform it and repeat the Tashahhud, as his previous Tashahhud occurred before its proper place. If the omission was from a Rak'ah other than the final one, he must perform a full Rak'ah, because the deficient unit was completed by a prostration from the subsequent one, rendering the rest of that subsequent unit void.' And Allah the Exalted knows best.

What is the ruling on giving the expiation of an oath (Kaffarat al-Yamin) to a charity that feeds the poor?

 

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

It is allowed for a Muslim to appoint a proxy (agent) to distribute the expiation (Kaffarah) on their behalf. Our jurists have explicitly stated the permissibility of delegation (Tawkil) in the distribution of Zakat, Kaffarah, and vows (Nadr).

It is stated in Mughni al-Muhtaj (Vol.3/P.237): 'One has the right to pay the Zakat of their wealth personally... and they also have the right to delegate it.' And Allah the Exalted knows best.

Does the clipping of nails nullify ablution?

No, it does not, and it is preferable to wash the hands afterwards.

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