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Resolutions of Iftaa' Board

Resolution No.(94): "Ruling on Cancelling A Waqf"

Date Added : 28-10-2015

 

Resolution No.(94) by the Board of Iftaa`, Research and Islamic Studies: 

“Ruling on Cancelling A Waqf“

Date: 3/8/1426 AH, corresponding to 7/9/2005 AD.

 

 

 

Question:

 

I want to take back a piece of land that I have endowed to the Ministry of Awqaf and Religious Sites since my children are living  with me and I have no other property that they can benefit from after my death?

Answer: All success is due to Allah.

The Board has reviewed the Waqf certificate, and after researching and deliberating, it determined that taking back the aforementioned Waqf (endowment) isn`t permissible because Waqf becomes binding once it is concluded, and this is the view of the majority of the Muslim scholars. However, Abu Hanifah believes that a Waqf becomes binding once a judge rules so, or if the person who endows says that it is an endowment effective after my death {a will}. Amongst the evidences that a Waqf is binding and can`t be cancelled are:

 

1- Abu Hurairah (May Allah be pleased with him) reported: "The Messenger of Allah (PBUH) said: "When a man dies, his deeds come to an end, except for three: A continuous charity, knowledge by which people derive benefit, pious son who prays for him."

[Muslim]. Muslims scholars have interpreted” A continuous charity “ as Waqf, and a Waqf can only be a continuous charity once it is binding and can`t be disposed of; otherwise, the meaning of continuity won`t be fulfilled.

2- Ibn Omar (May Allah Be Pleased with both of them) narrated: "When `Umar got a piece of land in Khaibar, he came to the Prophet (PBUH) saying, "I have got a piece of land, better than which I have never got. So what do you advise me regarding it?" The Prophet (PBUH) said: "If you wish you can keep it as an endowment to be used for charitable purposes." So, `Umar gave the land in charity (i.e. as an endowment on the condition that the land would neither be sold nor given as a present, nor bequeathed, (and its yield) would be used for the poor, the kinsmen, the emancipation of slaves, Jihad, and for guests and travelers; and its administrator could eat in a reasonable just manner, and he also could feed his friends without intending to be wealthy by its means." {Bukhari & Muslim}. In the narration of Bukhari: “Give it in charity (i.e. as an endowment) with its land and trees on the condition that the land and trees will neither be sold nor given as a present, nor bequeathed, but the fruits are to be spent in charity.“ This narration indicates that since the land and trees can neither be sold nor given as a present, nor bequeathed, this applies to the Waqf, in disagreement with the opinion of Abu Hanifah. Abu Yousef { A scholar in Islamic jurisprudence} said:  "Had this Hadith reached Abu Hanifah, he would have adopted it and revoked selling a Waqf."

3- Article three of the justice law states: “ Once the Waqf is concluded in its valid form, the endower`s ownership of it ceases, and the Waqf certificate becomes binding and can`t be cancelled, and the one/ones to whom it is endowed, or others can`t sell, give as a present, mortgage, or bequeath , and this is what a Waqf includes.

4- The judge or the ruler enjoys the authority of settling such dispute” in line with the provisions of the law and keeping the endowed estate as such. On its part, the Jordanian law has stipulated this in clause (A), Article (1243): “After the Waqf is concluded, it can`t be given as a present, bequeathed, or mortgaged, and it gets out of the endower`s possession, and can`t be possessed by others.” And the same point is stated in article (1159) where it reads: “There is neither preemption in Waqf (Shufa`h) nor annexation. “And Allah Knows Best.

 

 

 

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izzaldeen Al-Tamimi

Dr. AbdulMajeed Al-Salaheen

Dr. Yousef Ghyzaan

Dr. Wasif Al-Bakhri

Dr. Abdukareem Al-Khasawneh

Sheikh Sae`id Hijjawi

Sheikh Nae`im Mujahid

Decision Number [ Previous | Next ]


Summarized Fatawaa

Is it permissible for the person who hasn`t made wudu` (state of minor ritual impurity) to perform the Adhan?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is disliked (Makruh) for a person in a state of minor ritual impurity (Hadath Asghar) to perform the Adhan. However, if he does so, his Adhan is considered valid and fulfills the sunnah of the Adhan despite it being disliked. And Allah the Exalted knows best.

What is the ruling on one who performs ablution or the ritual bath while having nail polish?

Nail polish must be removed before ablution or ritual bath so that water reaches what is beneath it, because it is a barrier that prevents water from reaching that area. This is based on the hadith narrated by Ali (may Allah be pleased with him) from the Prophet (peace be upon him): "Whoever leaves a hair's breadth of his body unwashed from major impurity, such and such will be done to him in the Fire." (Reported by al-Bukhari). And Allah the Almighty knows best.

What is the virtue of performing ‘Umrah in Ramadan?

Ibn ‘Abbas narrated: "When the Prophet ﷺ returned from his Hajj, he said to Umm Sinan Al-Ansariyyah: ‘What prevented you from performing Hajj?’ She replied: ‘Abu So-and-so (referring to her husband) had two camels—he performed Hajj on one of them, and the other was used to irrigate our land.’ The Prophet ﷺ then said: ‘Performing ‘Umrah in Ramadan is equivalent to Hajj with me.’" [Narrated by Al-Bukhari]
The Prophet ﷺ also said: "An ‘Umrah in Ramadan is equivalent to a Hajj." [Narrated by Al-Tirmidhi]
For those who miss the opportunity to perform ‘Umrah in Ramadan, there are many other ways to earn great rewards. One of them is praying Fajr in congregation, then remaining in the mosque remembering Allah until sunrise, and praying two rak‘ahs.
The Prophet ﷺ said: "Whoever prays Fajr in congregation, then sits remembering Allah until the sun rises, and then prays two rak‘ahs, will receive the reward of a complete Hajj and ‘Umrah—complete, complete, complete." [Narrated by Al-Tirmidhi]

What is the ruling of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."
Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]
Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj,  Vol.1/P.154]
Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. And Allah, the Exalted, knows best.

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