Resolutions of Iftaa' Board



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 ruling on having brotherly ties between a strange man and a strange woman, and is the former considered a Mahram (unmarriageable) to the latter?

Such a relation between a strange man and a strange woman is forbidden in Islam because it involves forbidding what Allah has allowed by marriage, and allowing what Allah has forbidden such as looking and the like. Such a relation doesn`t render any act lawful between them, thus they are forbidden to look at each other, have a Khulwah (seclusion), and travel together.

If the fasting of nine years has accumulated upon me, I wish to make them up by dividing them over several years, as it is difficult to fast them all in one year due to their large number. Consequently, expiation will be due on me. Is it permissible to pay the expiation after completing all the make-up fasts, even if it takes years?
 
 
 
 
 

If the fasting was broken due to a valid legal excuse, it is permissible to divide the make-up fasts over several years based on one’s ability. However, if a person passes away before completing the make-up fasts, the heirs must fast on their behalf or feed one needy person for each missed day.
If the fasting was broken without a valid excuse, one must hasten to make it up. Should the person die before completing the make-up fasts, the heirs must either fast or feed the needy on their behalf. As for the expiation, it is calculated after completing all the make-up fasts. And Allah Knows Best.
 
 
 
 
 

What is the ruling on shaving the head of the newborn?

It is desirable to shave the head of the newborn on the seventh day from delivery, and the weight of his/her hair is given in gold , or silver as charity.

I married a man and had two children; however, we got separated four years ago. In addition, my husband`s brother, paternal uncle of my children, has been providing for them ever since. In fact, he is an honest, well-behaved man. Is it permissible that we get married although his brother (My ex-husband) is still alive?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
It is temporarily prohibited for a woman to marry her stepbrother. Therefore, once she receives Talaq Ba`in (Irrevocable divorce), she is allowed to marry her stepbrother, even if his brother (First husband) is still alive. And Allah The Almighty Knows Best.