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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

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.

Is the father a Mahram (Non-marriageable) to his son`s mother-in-law?

The father is a non-Mahram (Marriageable) to his son`s mother-in-law, so it is impermissible for them to look at each other, or to have a seclusion (Khalwah).

Is a woman sinful if she fasts out of shyness from her family while menstruating or in postnatal bleeding?

It is forbidden for a woman who is menstruating or in postnatal bleeding to abstain from food and drink with the intention of fasting. If she fasts out of shyness, she is sinful, as her fast is not valid.
However, if she refrains from eating and drinking without intending to fast, it is not forbidden, but she unnecessarily burdens herself without need.

What is the ruling on someone who dies while having missed fasts?

● If a person dies before having the opportunity to make up the missed fasts—such as someone whose excuse (e.g., illness) persisted until their death—then no makeup fast (qada), fidyah, or sin applies to them.
● However, if they had the ability to make up the fasts but did not do so before passing away, the missed fasts must be compensated by giving a mudd of food for each missed day from their estate.
The Prophet ﷺ said: "Whoever dies while having a month’s fast due, one needy person should be fed per day on their behalf." [Narrated by At-Tirmidhi]
Additionally, a guardian (wali) may fast on their behalf, as the Prophet ﷺ said: "Whoever dies while having missed fasts, their guardian should fast on their behalf." [Narrated by Al-Bukhari and Muslim]
In another narration: "If they wish." This indicates that both feeding the needy and fasting on behalf of the deceased are permissible options.

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