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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 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.

What is the ruling on swallowing saliva while fasting?

It is permissible for a fasting person to swallow their saliva because avoiding it would cause undue hardship and excessive strictness in religion. Islam discourages such excessiveness since Allah the Almighty intends ease for His followers and does not intend to put them in hardship.

What is the ruling on one who slept while firmly seated on the ground, regarding nullification of ablution?

The default ruling regarding sleep is that it nullifies ablution. An exception to this is one who slept while firmly seated on the ground; his ablution is not nullified by sleep if he wakes up while still firmly seated on the ground. And Allah the Almighty knows best.

What is the ruling on using an inhaler while fasting?

Using an inhaler through the nose or mouth breaks the fast because the medication in these inhalers is intended to reach the lungs, which are considered part of the body cavity (jauf).
● If a person needs to use it occasionally, they may use it while fasting, continue refraining from food and drink for the rest of the day, and make up for the missed fast later.
● If a person needs to use it daily, they may use it while fasting, continue refraining from food and drink, and pay fidyah (feeding one needy person per missed day).

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