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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 age of the Aqiqa or the Udhiyah?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The minimum age for a sacrificial animal (Udhiyah) and the birth sacrifice (Aqiqa) is as follows:
 
Camels: Five years old, entering their sixth year.
 
Cattle and Goats: Two years old, entering their third year.
 
Sheep: One year old, entering their second year; however, it is permissible for a sheep to be six months old provided it is large in size and plump.
 
And Allah the Exalted knows best.

Is it permissible for a mother to stop her daughter from marrying a respectable, God-fearing young man because he isn't college/university graduate?

It is impermissible to deny a woman her right in getting married except for a lawful reason, and problems can be solved through dialogue. However, she can file a suit in order for the judge to have a say in that regard.

Is it incumbent on the fiancée to obey her fiancé?

When the woman settles in her husband`s house, it is incumbent on him to provide for her and it is incumbent on her to obey him. Before that, and if the marriage contract had been concluded, then she is lawfully his wife and thus she should abide by custom in treating him, but if the marriage contract hadn`t been concluded, then she should treat him as a non-Mahram (Marriageable).

Is it permissible to sacrifice imported livestock (Such as Romanian, Australian, etc.)?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
As long as the sheep meets the prescribed Sharia age and is free from disqualifying defects, it is valid for sacrifice regardless of its country of origin. Therefore, it is permissible to offer sacrifices from various sources, such as: Romanian, Australian, Spanish, Indian, Sudanese, local (Baladi) livestock, and others. And Allah the Almighty knows best.

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