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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 02-11-2015

                            

Resolution No.(139)(4/2010): "Ruling on Changing the Use of the Land Endowed as a Graveyard"

Date: 23/4/1431 AH, corresponding to 8/4/2010 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 third session held on the above given date, the Board of Iftaa` reviewed the question whereby the Ministry of Awqaf expressed its desire to exchange a piece of land endowed as a graveyard for another piece of land.

After thorough studying and deliberating, the Board decided the following:

In principle, an endowment can neither be sold nor given as a present, nor bequeathed, as indicated by the Hadith of Ibn Umar. 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)" {Bukhari&Muslim}.

Therefore, if the state, the municipality, or a person has endowed a piece of land as a graveyard, then it is obligatory that it be used as such, because the condition set by the owner of the Waqf (endowment) must be abided by.

Accordingly, due to the fact that people have already been buried in this graveyard, the Board believes that exchanging it for another piece of land is impermissible, because if it has been endowed as a graveyard, it must be used as such until the Day of Resurrection. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Grand Mufti of Jordan, Dr. Abdulkareem al-Khasawneh

Vice Chairman of the Iftaa` Board, 

Dr. Ahmad Hilayel

    Dr. Yahia al-Botoosh/ Member

      Sheikh Sa`eid Hijjawi/ Member

                    Dr. Mohammad Khair al-Eesa/ Member

Judge Sari Atieh/ Member

            Dr. Abdurahamn Ibbdah/ Member

       Dr. Mohammad Okla/ Member

              Dr. Abdunnasir Abulbasal/ Member

                    Dr. Mohammad Al-Khalayleh/ Member

                    Dr. Mohammad al-Gharaibeh/ Member

                                                         Dr. Ahmad Al-Hasanat/ Executive Secretary of the Iftaa Board

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Summarized Fatawaa

Is it permissible to slaughter one animal as a sacrifice and an Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth)?

It is impermissible to do so since each of them is slaughtered for a different reason.

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (2:228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers

Is it permissible for a woman to uncover her face while performing Umrah(minor Hajj)?

The woman who is in a state of Ihram(ritual consecration) should uncover her face and hands, but it is permissible for her to let her head-covering garment drape from her head down over her face when non-Mahram (i.e., marriageable) men pass by her.

What is the ruling of Sharia on unregistered marriage in Jordan?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Aishah narrated that the Messenger of Allah said: "Whichever woman married without the permission of her Wali her marriage is invalid, her marriage is invalid, her marriage is invalid. If he entered into her, then the Mahr is for her in lieu of what he enjoyed from her private part. If they disagree, then the Sultan is the Wali for one who has no Wali." {Related by Tirmithi, No. (1102)}. The Prophet (Peace and blessings be upon him) also said: "There is no marriage without a guardian and two honorable witnesses." Related in Al-Mo`jam al-Basit for Tabarani, No. (6366}. Registration of the marriage contract at Islamic court is necessary for the preservation of rights and failing to do so is punishable by Jordanian Law. And Allah the Almighty knows best.

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