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

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

What is the ruling on a woman who takes medication to delay menstruation for fasting?

If a woman takes medication (to delay menstrual period) and does not experience menstruation, her fast is valid. However, she is not advised to do so unless there is a necessity.
If the medication harms her, even potentially, it is forbidden (haram) for her to take it.

What is the ruling on sending blessings and peace upon the prophet (PBUH) after the Adhan?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is a Sunnah to send blessings and peace (As-Salat wa al-Salam) upon the Prophet ﷺ after the Adhan and the Iqamah, for both the caller (Mu’adhin) and the listener. It is permissible to do so aloud after the conclusion of the Adhan. However, it is preferable to maintain a brief pause between the words of the Adhan and the prayers upon the Prophet ﷺ, so that people do not mistakenly assume that sending blessings upon him is an integral part of the Adhan itself. And Allah the Exalted knows best.

What is the wisdom and purpose behind the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Among the wisdoms and purposes of the 'aqīqah are the following:
First: Expressing joy at the blessing of Allah the Almighty, rejoicing in the newborn, and giving thanks to Allah for this gift. Allah the Almighty says (what means): "If you are grateful, I will surely increase you." [Ibrāhīm/7]
Second: Proclaiming and publicising the lineage (nasab) of the child — and the 'aqīqah serves as an appropriate and fitting means to this end.
Third: Gladdening the hearts of family members, relatives, friends, and the poor by gathering them together over a shared meal. And Allah Almighty knows best.