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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 ruling on someone who curses the religion or commits an act of disbelief during the day in Ramadan?

Whoever apostatizes (leaves Islam) while fasting, their fast is invalid. Cursing the religion is an act of apostasy (may Allah protect us from it). Such a person must return to Islam by pronouncing the Shahadah (testimony of faith), seek Allah’s forgiveness, refrain from eating and drinking for the rest of the day, and make up for that day’s fast later.

What is the ruling on performing the Istikhara prayer after the Witr paryer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Istikhara prayer (Prayer for seeking guidance) is a Sunnah. It consists of two units (rak’ahs) performed outside of the obligatory prayers, after which the person supplicates with the traditionally narrated du’a. It is permissible to perform it before or after the Witr prayer, as the Istikhara prayer is recommended at all times except during the disliked times—the periods in which prayer is prohibited. This is because its specific reason (the Istikhara and supplication) occurs after the prayer itself, and any prayer with a subsequent reason is not permitted during the prohibited times. It should be noted that the two rak’ahs of Istikhara are not fulfilled by performing only one rak’ah, nor by a prostration of recitation (Sajdat al-Tilawah), nor by a funeral prayer (Janazah). And Allah the Exalted knows best.

Is it permissible for a pious Muslim woman to stay with her husband who had quit praying out of laziness?

Quitting prayer is one of the major grave sins that come after disbelieving in Allah, but the wife of such a person isn`t considered divorced, rather, she should exert all her efforts in order to bring him back to the way of Islam. However, if his sin is likely to lure her from the way of Islam, then she had better separate from him by lawful means such as Mokhal`aa (When a wife pays a compensation for her husband in return for divorcing her). Moreover, if she exercises patience, and remains steadfast on her faith, then there is no harm in doing that.

Is it permissible for a woman to uncover her face while performing Umrah (minor Hajj)?

The woman while in a state of Ihram (ritual consecration) is obligated to uncover her face and hands, but at the same time permitted to let her head-covering garment drape from her head down over her face when non-Mahram (i.e., marriageable) men pass by her. And Allah Knows Best.

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