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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

Is it incumbent on a father to cover the marriage costs of his son if the latter couldn`t afford them?

The son should seek the help of his relatives in order to convince his father to do the aforesaid, and the father should make sure that his son doesn`t commit fornication through helping him to get married, and Allah will reward him for doing so.

What is the ruling on the ablution of one who washes his arms from the wrist to the elbows?

In the school of Imam al-Shafi'i (may Allah have mercy on him), washing the arms (hands) is achieved by washing the arms completely, from the fingertips to the elbows. Washing only the palms at the beginning is insufficient, as washing them at the beginning is a Sunnah, but after washing the face, it becomes obligatory (fard). The person performing ablution must wash his palms along with the arms after washing the face. If he does not wash his palms, his ablution is invalid and not correct. And Allah the Almighty knows best.

Is it a condition that a woman should untie her locks while making Ghusl (ritual bath)?

Ghusl from Janabah (ritual impurity), or menstruation obligates that water reaches the roots of the hair in order for the Ghusl to be valid, but if it doesn`t, then hair locks must be untied for water to reach them, and for Ghusl to become valid.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

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