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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(154): "Ruling on Spending on the Waqf (an endowment) from it Own Funds"

Date Added : 02-11-2015

Resolution No.(154)(19/2010) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Spending on the Waqf (an endowment) from its Own Funds"

Date: 7/10/1431 AH, corresponding to 16/9/2010 AD.

 

 

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

During its tenth session held on the above given date, the Board reviewed the letter of His Excellency the Premiere concerning the request of the Minister of Awqaf (endowments) and Islamic Affairs to re-allocate financial support to the Awqaf Funds Development Foundation or to combine its budget with that of the Ministry of Awqaf. This is of course after reviewing the letter of the Awqaf Minister and the remarks made by the Ministers of Finance and the Public Sector`s Development. 

After extensive deliberations, the Board decided what follows:

The Board stresses its resolution No.(103); 5/4/1427 AH, corresponding to 3/5/2006 AD, which states: " Since the above Foundation functions as the trustee of the Waqf, then it is permissible for it to allocate a certain amount from the Waqf`s revenues 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}.

The majority of the Muslim scholars from the four schools of thought-except Ibn Etaab-are of the view that the wage of the Waqf administrator, whether it was conditioned from the Waqif (endower) or the judge, should be from the outcome of the Waqf itself. The Muslim scholars mentioned that the wage of the Waqf administrator or trustee, if not  specified by the endower, should be equivalent to his regular wage.

The Board advises the government to participate in covering the Waqf`s administrative expenditure, and steer its profits in charitable channels, as much as possible, to serve public interest. This is because the government is responsible for taking care of the country`s and the citizens` interests and this would lead to having more trust in the Waqf Funds Development Foundation. As a result, people would give more donations in order for that Foundation to play a more active role in serving charitable causes. And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh

Abdulkareem Al-Khasawneh

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa

Judge Sarrie Attieh

Dr. Abdulrahman Ibbdah/ Member

Dr. Mohammad Oklah/ Member

Dr. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Executive Secretary of the Iftaa` Board, Dr. Ahmad Al-Has`sanat

 

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Summarized Fatawaa

What are the key differences between the 'aqīqah and the uḍḥiyyah?

 All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The following are the key differences between the 'aqīqah and the uḍḥiyyah:
First: The 'aqīqah is slaughtered as an act of drawing closer to Allah the Almighty and expressing gratitude for the blessing of a newborn child. The uḍḥiyyah, on the other hand, is slaughtered as an act of drawing closer to Allah and expressing gratitude to Him specifically during the days of slaughter (ayyām al-naḥr).
Second: The 'aqīqah is performed on the seventh day from the birth of the newborn, whereas the uḍḥiyyah is performed on Eid al-Aḍḥā and its time extends for three days after the Eid.
Third: The 'aqīqah is performed once in a lifetime for the newborn, whereas the uḍḥiyyah is recommended every year for the one who is financially capable to offer it.
Fourth: It is Sunnah for the one intending to offer the uḍḥiyyah to refrain from cutting his hair and nails until after he has slaughtered. This is not a Sunnah for the one intending to perform the 'aqīqah.
Fifth: It is Sunnah for the 'aqīqah to be cooked and distributed to the poor in its cooked form. The uḍḥiyyah, by contrast, must be distributed as raw meat. And Allah Almighty knows best.

Is it permissible to offer an Udhiyah on behalf of the deceased?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial animal) on behalf of a deceased person is permissible. This is the official position of the Hanbali school (as stated in Kashshaf al-Qina’ by al-Bahuti,Vol.6/P.428) and was also upheld by the prominent Shafi'i scholar Al-’Abbadi (mentioned in Bidayat al-Muhtaj by Ibn Qadi Shuhbah,Vol. 4/P.358). It has likewise been narrated as a valid view among some Maliki and Hanafi scholars.
 
In fact, Imam Abu Dawud dedicated an entire chapter in his Sunan collection entitled, "Chapter on Sacrificing on Behalf of the Deceased." In it, he recorded a narration from Hanash, who said: "I saw 'Ali sacrificing two rams, so I asked him, 'What is this?' He replied, 'The Messenger of Allah (peace and blessings be upon him) commanded me to offer a sacrifice on his behalf, so I am sacrificing on his behalf.'"
 
Imam Abu Dawud also narrated from Jabir (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said: "O Allah, this is from You, for You, and on behalf of Muhammad and his Ummah (community). In the Name of Allah, and Allah is the Greatest," and he then slaughtered the animal.
 
The textual evidence here lies in the fact that our Master, the Prophet (peace and blessings be upon him), offered a sacrifice on behalf of his entire community—and it is well-established that his community includes those who have already passed away.
 
Furthermore, there is an abundance of sacred texts demonstrating that the rewards of righteous deeds reach the deceased. For instance, it is permissible to fast on behalf of a deceased person who passed away with missed obligatory fasts, and it is equally permissible to perform Hajj on their behalf, both of which are firmly established in authentic Hadiths. Therefore, if the reward of fasting (which is a purely physical act of worship) and Hajj (which is a joint physical and financial act of worship) can reach the deceased, then the reward of an Udhiyah reaches them with greater reason (by way of A Fortiori argument). This is because it is a purely financial act of worship, falling under the general category of charity (Sadaqah).
 
Additionally, scholars have reached a consensus (Ijma') that the rewards of charity reach the deceased, and since the Udhiyah is inherently an act of charity, it falls under the same ruling. Consequently, based on all the aforementioned evidence, we hold the view that offering a sacrifice on behalf of the deceased is entirely permissible. And Allah the Almighty Knows Best.

Is it permissible for someone with a physically demanding job, such as a baker or construction worker, to break their fast?

It is not permissible for someone with a physically demanding job to start the day intending to break their fast. They must make the intention to fast at night and begin fasting. However, if they reach a point where fasting becomes unbearably difficult, they may break their fast and make up for it later.

Is it permissible to offer prayer at home, or should it be offered in the mosque?

All perfect praise be to Allah, The Lord of The Worlds.                                                                                                                                                                      It isn`t preferable for the man to pray at home as praying in the mosque is twenty seven times more rewarding. Therefore, this should motivate him to offer prayers in the mosque. And Allah Knows Best.

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