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 of Islamic Law on continuity (muwalah) in the ritual bath?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Continuity (muwālāh) means washing each part of the body immediately after the previous one, without leaving a gap long enough for the first part to dry before the second is washed. According to the Shāfiʿī school, continuity is a recommended act (sunnah) in both the ritual bath (ghusl) and ablution (wuḍūʾ) — it is not obligatory.
It is stated in Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj: "Likewise, continuity in the ritual bath is recommended, just as it is in ablution."
Accordingly, continuity in the ritual bath is a sunnah. And Allah the Almighty knows best.

Is a person rewarded for refraining from all that breaks their fast when required to do so, and is it considered a valid fast?

If a person eats or drinks thinking that Fajr has not yet arrived, but then someone informs them that Fajr had already begun, they must refrain from eating for the rest of the day and make up the fast later.
If they observe the required restraint (imsak), they will be rewarded for obeying the command because fulfilling an obligation brings reward.
However, this is not considered a valid fast in terms of rulings. For example:
● It is not disliked (makruh) for them to use a miswak after noon.
● They are not encouraged to hasten the breaking of the fast at sunset.
● Other fasting-related rulings do not apply to them.

How is night prayer offered?

Night prayer is offering voluntary prayer after Maghrib and before Fajr (Dawn). As for Tahajjud, it is offering voluntary prayer at night after waking up voluntarily, and for Allah`s sake as He Says (What means): "And pray in the small watches of the morning: (it would be) an additional prayer (or spiritual profit) for thee: soon will thy Lord raise thee to a Station of Praise and Glory!" [Al-Isra`/79]. Offering Tahajjud is better than offering voluntary prayer before going to bed.

Is it required to fast consecutively when making up missed fasts?

● It is preferable to fast consecutively when making up missed fasts if they were missed due to a valid excuse.
● However, if the fasts were missed without a valid excuse, then fasting consecutively is obligatory, because making up the missed fasts in this case must be done immediately.
Separating the makeup fasts goes against the obligation of immediacy, but if someone does so, their fasts will still be valid. However, they will be sinful for delaying without a valid reason.