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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(170)"Ruling on Benefiting from what Remains from the Lands Endowed for Building Mosques after Fulfilling the Purpose for which they were Endowed"

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

Can a woman perform I‘tikaf in her home?

No, a woman's I‘tikaf is not valid if performed at home, because her home is not a mosque.

Is it Sunnah to cook the meat of the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah not to distribute the meat of the 'aqīqah raw. Rather, it is recommended to cook it with something sweet — such as raisins or honey — as a good omen and expression of hope for the sweetness of the newborn's character and conduct throughout their life. And Allah Almighty knows best.

What is the ruling on attending relatives` parties held in public halls, or hotels since if we don`t, we will be subjected to their admonition?

If such parties involve mixing between men and women, or forbidden acts such as listening to songs with sinful lyrics, then attending them is forbidden from the view point of Sharia since people`s admonition is nothing compared to Allah`s, The Almighty`s, wrath.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

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