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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

What is the Islamic ruling when parents oblige their son or daughter to divorce or marry, and this actually takes place, although it is against their will?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
When the husband utters the word of divorce, without being forced or threatened, divorce takes place and we recommend that you visit the General Iftaa` Dept. to be given the suitable advice in this regard. And Allah The Almighty Knows Best.

A person owns sheep or goats and occasionally feeds them from the grass in other people's orchards without the owners’ permission. Is it permissible to eat the meat of these animals if invited to do so? Is it permissible to purchase from these sheep whose owner feed them from people's orchards without their permission, and can one accept gifts from them, such as meat or milk?

 

 

 

Yes, it is permissible because the one who is accountable is their owner, and the cost of the grass on his accountability. In addition, in order to be on the safe side you should abstain from eating his products, because his sheep case is as if they were fed on impurities. And Allah Knows Best.

What should a sick person, who is incapable of fasting, and who didn`t make up for missed fasting days, do?

One who has missed fasting days is obliged to make up for them, but if he/she wasn`t able to because of an incurable disease , or old age, then he/she has to pay a ransom which is feeding a needy person for each of the missed fasting days. And Allah Knows Best.

I`m a mother of three orphans. Is it permissible for me to spend on myself from their salary, such as buying a Jilbab*?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is permissible to take a reasonable amount that is equal to your services to them. However, it is better that you don`t. The evidence on this is that Almighty Allah Says (What means): "Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is God in taking account." [An-Nisa`/6]. And Allah The Almighty Knows Best.
 
* A full-length outer garment, traditionally covering the head and hands, worn in public by some Muslim women.

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