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Resolutions of Iftaa' Board

Resolution No.(67): “Ruling on Dividing Land in Accordance with Tameem Ad-Dari`s Endowment“

Date Added : 02-11-2015

 

Resolution No.(67): "Ruling on Dividing Land in Accordance with Tameem Ad-Dari`s Endowment"

Date: 23/5/1424 AH corresponding to 23/7/2003 AD.

 

The Board received the following question:

How to divide an inherited plot of land {Waqf Tameem Ad-Dari type} amongst eligible heirs, taking into consideration that it is located within the borders of Al-Khalil Municipality. Is it possible to divide it according to Sharia, or the Ottoman Land Code?

Answer: All success is due to Allah.

After deliberation, the Board is of the view that the revenue of the aforementioned plot and the structure on it is to be divided according to Sharia, and not the Ottoman Land Code. This is because it isn`t a miri land stated in the Ottoman Land Code, rather, it is registered as an endowment of Tameem Ad-Dari`s type, located within the borders of Al-Khalil Municipality. And Allah Knows Best.

 

  Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi

                    Dr. Mohammad Abu Yahia     

             Dr. Ahmad Hilayil       

                         Sheikh Mahmoud Shwayyaat

                    Dr. Abdulsalam Al-Abbadi

             Dr. Yousef Gheezaan

         Dr. Wasif Al-Bakhri

            Sheikh Saeid Hijjawi

                 Sheikh Na`eim Mujahid

 

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Summarized Fatawaa

After I had prayed, I found a drop of menstrual blood and was unsure when that happened; what is the ruling on my prayer and fast?

All praise is due to Allah, peace and blessing be upon the Messenger of Allah.

Your prayer and fast are correct ,and you should not make up for them, and we ask Allah, The Almighty, to duely reward you for these acts of worship. Your menses start once you see blood because the situation remains as such unless there is certainty or predominant conjecture, as per the Fiqh maxim: "Certainty is not removed by doubt". And Allah Knows Best.

Is it permissible to make up for missed fast after the beginning of the second half of the month of Sha`ban (the month before Ramadan)?

Yes, it is permissible, but one who had missed fasts should hasten to make up for them. As for the Hadith mentioned in this regard, the prohibition is for offering absolute voluntary fasting. And Allah Knows Best.

Is it permissible to make up for the missed fasts of the deceased?

A deceased`s missed fasts should be made up for by his/her guardian. It is also permissible to make up for the missed fasts of a deceased relative, and to pay a ransom in expiation for the latter`s missed fasts, which is feeding a needy person for every missed day. However, the guardian`s permission need to be sought by the non-relatives of the dead to fast on his behalf. And Allah Knows Best.

Does the deceased hear the supplications or recitations of those visiting his/her grave? And does making constant supplications for the deceased who didn`t adhere to performing the prescribed prayers ameliorate his/her affliction?

Praise be to Allah the Lord of the Worlds.

In principle, the dead hear the living since it has been rigorously authenticated that the Prophet (PBUH) ordered the bodies of the idolaters slain in the Battle of Badr to be buried. He then approached them and called them one by one and said: "Have you found what your Lord promised to be true for we have found what our Lord promised us to be true." Umar asked him: "O messenger of God! Why do you speak to lifeless bodies?" The Prophet (PBUH) replied: "By the One Who has sent me with the truth! You do not hear my words better than they do except that they cannot respond." [Agreed upon].

However, not all the deceased are in the same situation because Allah The Almighty Knows: "Before them is a Partition till the Day they are raised up." [Al-Mu`minun/100]. Moreover, supplication reaches the deceased. And Allah Knows Best..

 

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