Resolutions of Iftaa' Board



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

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Summarized Fatawaa

Is it permissible for a sick person to pray while sitting on a chair?

All perfect praise be to Allah, The Lord of the Worlds                                                                                                                                                                        It is permissible for a sick person, who is unable to stand up, to offer prayer while sitting on a chair. If he/she was unable to prostrate while on the chair, the he/she should pray while sitting on the ground, but if he/she was neither able to bow (Roku),nor to prostrate, then he can do them while sitting on the chair. And Allah Knows Best.

What is the ruling on brown discharge before the menstrual period? Is it considered part of menstruation (Hayd)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Dusky discharge (Kudrah), reddish discharge (Humrah), and yellowish discharge (Sufrah) are all considered menstruation (Hayd) if they occur during the time of the menstrual cycle. If their duration exceeds a day and a night, and the period persists from the first sight of the discharge until the cessation of the menstrual blood—provided the total duration does not exceed fifteen days—then all of it is menstruation. However, if the duration exceeds fifteen days, then the discharge is not considered menstruation, but rather chronic irregular bleeding (Istihadah). And Allah the Exalted knows best.

What is the ruling if someone wipes his head then shaves it - must he repeat it?

If a person performing ablution shaves his head after wiping it during ablution, he is not required to re-wipe his head or repeat the ablution. And Allah the Almighty knows best.

What is the Islamic ruling on the Udhiyah (sacrificial offfering)?

 
 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is a Confirmed Sunnah (Sunnah Mu’akkadah) for every adult Muslim of sound mind who possesses the financial means, whether they are a resident, a traveler, or a pilgrim (Haj). This is based on the statement of the Prophet ﷺ: 'When the ten days [of Dhu al-Hijjah] begin and one of you desires to offer a sacrifice, let him not touch [cut] anything of his hair or skin' [Narrated by Muslim].
 
The point of evidence (Wajh al-Dalalah) here is that the Prophet ﷺ linked the sacrifice to the individual's will and desire by saying, 'and one of you desires.' This indicates that it is not obligatory (Wajib); had it been mandatory, he would have simply said, 'let him not touch his hair until he sacrifices' [without making it conditional upon desire].
 
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