Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(103): “Sharia Ruling on Investing the Waqf Funds“

Date Added : 28-10-2015

 

Resolution No.(103) by the Board of Iftaa`, Research and Islamic Studies:

 "Sharia Ruling on Investing the Waqf Funds"

Date: 5/4/1427 AH, corresponding to 3/5/2006.

 

Question:

 

Awqaf Funds Development Foundation has the amount of (1.700.000) JDs as Waqf revenues of past years, and  wishes to make it a monetary Waqf to be invested and its revenues to be spent for charity. What is the ruling of Sharia in this regard?

Answer:

After extensive researching and deliberation, the Board decided that since the above sum is the yield of past years,  it is difficult to know the terms which were set by its Waqifeen (endowers) in order to spend it  accordingly, as Sharia obligates in such case. The religious interest dictates non-freezing of such funds because the terms of their endowers aren`t known; therefore, it is permissible to regard them as a monetary Waqf (endowment) to be developed and invested by the above Foundation in all that is lawful. This in order for the yield to be spent in different charitable channels, provided that the terms set by the endowers are met as much as possible since the condition of the endower is tantamount to the provisions of the Law-Giver. Moreover, since the above Foundation functions as the trustee of the Waqf, then it is permissible for it to allocate a certain amount from these returns to cover the expenses and wages of its employees, but within reasonable limits along with maintaining the original capital.

This is based on the following Hadith :"Concerning the Waqf of 'Umar: It was not sinful of the trustee (of the Waqf) to eat or provide his friends from it, provided the trustee had no intention of collecting fortune (for himself). Ibn 'Umar was the manager of the trust of 'Umar and he used to give presents from it to those with whom he used to stay at Mecca." {Bukhari}. And Allah Knows Best.

 

 

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Dr. Ahmad Hilayel

Dr. AbdulMajeed Al-Salaheen

Dr. Abdukareem Al-Khasawneh

Dr. Yousef Ghyzaan

Dr. Wasif Al-Bakhri

Sheikh Sae`id Hijjawi

Sheikh Nae`im Mujahid

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Summarized Fatawaa

 
What is the ruling on someone who eats or drinks thinking that the sun has set, then realizes that it has not yet set?

Whoever eats or drinks believing that the sun has set, then later discovers that it has not yet set, their fast is invalid, and they must make up that day after Ramadan. It is not permissible to break the fast before confirming sunset—either by seeing it, through personal reasoning, or by relying on the statement of someone trustworthy in their religious commitment.

Is a woman sinful if she fasts out of shyness from her family while menstruating or in postnatal bleeding?

It is forbidden for a woman who is menstruating or in postnatal bleeding to abstain from food and drink with the intention of fasting. If she fasts out of shyness, she is sinful, as her fast is not valid.
However, if she refrains from eating and drinking without intending to fast, it is not forbidden, but she unnecessarily burdens herself without need.

What is the ruling on the cessation of blood after (40) days from delivery, but later continued sporadically during two days of Ramadan?

Once postpartum bleeding (Nifas) ceases, and the woman is certain that it won`t reoccur, then she becomes ritually pure and so she is free to make Ghusl (purificatory bath), pray, and fast. If the bleeding reoccurs before fifteen days from its cessation, and before the end of (60) days after delivery, then the ruling on postpartum bleeding is effective, and her fasting and prayer are null and void, thus she must make up the fasting that she missed and not the prayer during those particular days.

Is it valid to have Suhoor before sleeping, even if it is before midnight?

Suhoor refers to the pre-dawn meal eaten after midnight to help a Muslim endure fasting. The closer it is to Fajr, the better.
The Prophet ﷺ said: "My Ummah will remain upon goodness as long as they hasten to break the fast and delay Suhoor." [Narrated by Ahmad]
This is because delaying Suhoor makes it more effective in providing strength for worship. However, if there is a risk of Fajr entering while eating, one should refrain from Suhoor out of caution. 
The Prophet ﷺ said: "Leave what makes you doubt for what does not make you doubt." [Narrated by Al-Tirmidhi]