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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

What is the ruling of Islamic Law on continuity (muwalah) in the ritual bath?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Continuity (muwālāh) means washing each part of the body immediately after the previous one, without leaving a gap long enough for the first part to dry before the second is washed. According to the Shāfiʿī school, continuity is a recommended act (sunnah) in both the ritual bath (ghusl) and ablution (wuḍūʾ) — it is not obligatory.
It is stated in Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj: "Likewise, continuity in the ritual bath is recommended, just as it is in ablution."
Accordingly, continuity in the ritual bath is a sunnah. And Allah the Almighty knows best.

What is the ruling on sacrificing a castrated animal or one with a missing tail?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible to sacrifice a castrated sheep; as it has been established that the Prophet (peace be upon him) sacrificed:
 
"...two large, fat, horned, white-and-black, castrated rams (Mawju'ayn—meaning having crushed testicles)." [Narrated by Ibn Majah in his Sunan].
 
It is not permissible to sacrifice an animal that is missing its tail, or udder due to being cut off. This is in contrast to an animal that was naturally born without a tail, or udder; such an animal is valid for sacrifice. And Allah the Almighty knows best.

Is it permissible for a woman in her menstrual period to recite from the Mus-haf (copy of the Quran ), or to recite by heart?

A menstruating woman is permitted neither to recite nor to touch the Quran according to what Ali Bin Abi Talib (May Allah be pleased with him) reported about the Prophet (PBUH) who was only held from reciting the Holy Quran by Janabah (Major impurity) [Al-Tirmizi in a sound Hadith]. Although Janabah and menstruation are major impurities, a menstruating woman is permitted to supplicate Allah (Duaa`) and make Zikr (Tasbihat ), even if these involved saying words from the Holy Quran, provided that she does not mean the words for themselves but as a supplication, or Zikr. Moreover, she is rewarded for not reciting the Quran during her menstrual period because she abided by the injunctions of Allah.

What is the ruling on performing the Duha (forenoon) prayer before its time has begun, because I go to school early in the morning?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The Duha (forenoon) prayer is not valid if performed before its time has begun. Its time starts when the sun has risen to a noticeable height, that is, approximately fifteen minutes after sunrise, and it ends when the sun reaches its zenith (zawāl), shortly before the Dhuhr (noon) prayer. It is stated in Mughni al-Muhtaj (Vol.1/p.455): “Its time is from the rising of the sun [to a spear’s height] until the zenith.”
Accordingly, the Duha prayer is not valid if offered before the sun has risen, and its time remains open until just before Dhuhr. It may be performed at any time at school, during the break between classes or during recess. And Allah Almighty knows best.

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