Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 27-10-2015

Resolution No.(170)(11/2011) by the Board of Iftaa`, Research and Islamic Studies: "Ruling on Benefiting from what Remains  from the Lands Endowed for Building Mosques after Fulfilling the Purpose for which they were Endowed"
Date: 25/9/1432 AH, corresponding to 25/8/2011 AD.

 

Praise be to Allah, peace and blessings be upon   Prophet Muhammad and upon His Family and companions.

During the above given date, the Board reviewed the question of the Director General of the Awqaf Funds Development Foundation, which reads as follows:
What is the ruling of Sharia on investing the remaining part of the plots of land which were endowed for building mosques after having built them?
After prolonged deliberation, the Board decided what follows:
Muslim jurists are of the view that a Waqf(an endowment) is neither to be sold, given as a present nor bequeathed; rather, it should be spent on any charitable field that it is endowed for and that( the condition set by the donor is tantamount to the stipulation made by the law-giver).
This is emphasized by the texts of Sharia, such as the following narrations:" When `Umar got a piece of land in Khaibar, he came to the Prophet (PBUH) saying, "I have got a piece of land, better than which I have never got. So what do you advise me regarding it?" The Prophet (PBUH) said, "If you wish you can keep it as an endowment to be used for charitable purposes." So, `Umar gave the land in charity (i.e. as an endowments on the condition that the land would neither be sold nor given as a present, nor bequeathed, (and its yield) would be used for the poor, the kinsmen, the emancipation of slaves, Jihad, and for guests and travelers; and its administrator could eat in a reasonable just manner, and he also could feed his friends without intending to be wealthy by its means."{Related by Bukhari}. Also, Abu Talhah came to Messenger of Allah (PBUH) and said, "Allah says in His Book: 'By no means shall you attain Al-Birr, unless you spend (in Allah's Cause) of that which you love,' and the dearest of my property is Bairuha' so I have given it as Sadaqah (charity) for Allah's sake, and I anticipate its reward with Him; so spend it, O Messenger of Allah, as Allah guides you."{Bukhari and Muslim}.
The majority of the Muslim jurists have defined a Waqf as keeping the endowed thing and using it for charitable purposes. This indicates that a Waqf should be spent on any charitable field that it is endowed for in line with the condition set by the donor. Therefore, if his condition was fulfilled and part of the endowed land remained, then it is permissible to invest that part for the benefit of the Waqf.
Accordingly, it is permissible to invest the parts of the lands which were endowed for building mosques after having built them.
However, mosques built on these lands should meet the following conditions:
First: The donor hasn`t  clearly stipulated using his land for a purpose other than building a mosque.
Second: The revenue of the investment should be to the benefit of the Waqf .
Third: The investment shouldn`t affect the use of the mosque and its expansion in the future. And Allah knows best.

 

Chairman of the Iftaa` Board :
The General Mufti of The Hashemite Kingdom of Jordan:His Eminence , Abd Al-Kareem Al-Khasawneh
Vice Head of Iftaa` Board:  His Eminence Dr. Ahmad Hilayel
Dr.Yahia Al-Botosh/member
His Eminence :Sheikh Sa`id Al-Hijawi/member
Dr. Mohammad Khair Al-Essa/member
His Honor : Judge Sari Attieh/member
.Dr.Abdulrahman Ibdaah/member
Dr.Mohammad Oglah Al-Ibrahim/member
Dr.Abdulnasir Abulbasal/member
Dr.Mohammad Al-Zo`bi/member
Dr.Mohammad Al-Gharaibeh/member
Executive Secretary of Iftaa`Board:Sheikh Mohammad Al-Hinaiti

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Summarized Fatawaa

My husband told me that he concluded our marriage with a fake name that belongs to another person, because he was sentenced. Nowadays, he recieved an ID, passport and birth certificate with the his current name. What is the ruling on being married to him?

Praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.  As regards being married to the person mentioned in your question: The marriage is valid so long as he was the same person your guardian concluded the marriage with, even if he changed his name i.e. if your marriage contract was concluded with the same person, since what counts regarding marriage is the persons not names. And Allah Knows Best.

 

How should I be kind to my atheist father?

Allah, The Exalted, has decreed and ordained his slaves to be kind with parents, even if they are polytheists, by honoring and obeying them in all that isn`t sinful, so that they might love Islam and embrace it as a result.

What is the ruling on a woman driving a car?

All Perfect Praise is to Allah, The Lord of The Worlds, and may His Peace and Blessinsg be upn our Prophet Muhammad and upon all of his family and compnions.

It is permissible for the woman to drive a car, but it is impermissible for her to travel unaccompanied by a Mahram (Unmarriageable kin). And Allah The Exalted Knows Best.

My father placed shares worth twenty dinars in one of the banks, and their value doubled to become five thousand dinars. When my father passed away, one of the scholars told us that it is permissible for us to take the money. What is the ruling on this money, considering that it comes from a bank and involves interest (Riba)?

Allah The Almighty Said (What means): "And if you repent, then for you is the principal of your wealth. You do not wrong, nor are you wronged." [Al-Baqarah/279]. This is the precautionary ruling regarding what you are asking about. You are entitled to the principal amount, and you should give the excess as charity to the poor and needy. If you are poor, you may take from it. And Allah The Almighty Knows Best.