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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

If a woman becomes pure from menstruation before the Fajr Adhan in Ramadan, is she required to fast?

If a woman becomes pure (from menstrual period) before the Fajr Adhan, she must fast, as the impediment preventing her from fasting has been removed. The Sharia maxim in this regard states: "When the impediment is removed, the obligation returns."
She should then make the intention to fast before Fajr and perform ghusl (ritual purification) for prayer, whether before or after Fajr.

How should a person who is afflicted with continued major ritual impurity (incontinence of urine, bleeding outside the monthly period) perform ablution?

Such a person should make ablution for every prayer after its due time and after removing impurities from their body and outfit, and should place a fresh diaper whenever needed so as for the impurity not to spread out. They should also perform prayer immediately even if incontinence of urine continued, and should repeat the aforementioned for every obligatory prayer, then perform optional prayer as much as they want.

What is the ruling on someone who insults or deceives others while fasting?

Insulting or deceiving others is forbidden (haram) and diminishes the reward of fasting.
The Prophet ﷺ warned against deception, saying: "Whoever deceives is not one of us." [Narrated by Al-Tirmidhi]
However, their fast remains valid despite the sin.

What is the ruling on using a patch to suppress hunger or a nicotine patch while fasting?

Fasting is a great act of worship and one of the pillars of Islam. If people knew the immense reward of Ramadan, they would wish for the whole year to be Ramadan.
Whoever eats Suhoor and breaks their fast according to the Sunnah will not experience extreme hardship, making such patches unnecessary.
However, using these patches does not break the fast because they are not a source of nourishment and do not enter the body cavity (jauf) through an open passage.

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