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Resolutions of Iftaa' Board

Resolution No.(190): "Ruling on Turning an Old Mosque into a Centre for Teaching the Holy Quran"

Date Added : 18-11-2015

 

Resolution No.(190)(10/2013) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Turning an Old  Mosque into a Centre for Teaching the Holy Quran"

Date: (27/ Thu`l Qidah/1434 AH) corresponding to (3/10/2013AD)

 

All praise is due to Allah, Lord of The Worlds. Peace and blessings be upon Prophet Mohammad, and upon all his family and  companions.

The Board of Iftaa`, Research and Islamic Studies reviewed, in its eighth session held on the above given date, the question submitted by The Secretary-General of The Ministry of Awqaf and Islamic Affairs and Holy Places, and reads as follows:

I would like to draw your Grace`s attention to the fact that some old mosques are not utilized for offering prayers due to the availability of newly-built ones near them. Would you please clarify the Sharia ruling on turning these into centers for teaching Quran, or Islamic centers?

After careful study and deliberation, The Board decided what follows:

Muslim scholars are of the view that it is impermissible to sell, give, or change a Mawquf (an endowed property) because it is not the property of the Waqif (owner), thus he is not at liberty to run it in any manner that nullifies its original benefit. However, some scholars made exceptions where they allowed changing Waqf (endowment) into something else for the purpose of achieving benefit and preserving interest. This is the view of the Hanbali scholars, such as Al-Imam Al-Bardawi who says: “Each Waqf that does not serve its original purpose should be sold.” {Al-Inssaf/vol.7/pp.103}.This includes any factor that hinders the proper utilization of the Waqf . It is stated in {Al-Inssaf/vol.7/pp.103}: ”Not achieving the benefits intended by the Waqf due to damage or else, or even  the narrowness of the mosque is what is intended by the deactivation of Waqf utilities.” Not offering prayer in these old mosques-as mentioned in the above question-could be adapted to that which the Hanbali scholars mentioned in the former quotes.

Accordingly, it is allowed to turn these mosques into centers for teaching Quran to make them beneficial, provided that it is done under the supervision of an Islamic committee which ascertains meeting the aforementioned conditions stipulated by the Muslim scholars. However, it is better for the Ministry of Awqaf and Islamic Affairs and Holy Places to exercise caution in this regard by retaining rules of mosques and utilizing them (mosques) for teaching Quran at the same time, since there is no contradiction between the two objectives particularly in case of a future need for performing prayer in them due to crowdedness of other mosques. And Allah Knows Best.

 

Chairman of the Iftaa` Board

The Grand Mufti of the Hashemite Kingdom of Jordan, Sheikh Abdul Karim Al-Khasawneh

Vice Chairman of Iftaa` Board, Prof. Ahmed Helayel

Prof. Abdul Nnasir Abu Al-Basal/member 

His Eminence Shaykh Sa'id Hijjawi/member

Dr. Yahya Al-Btoush/ member 

Dr. Mohammad Al-Qudah/member

Dr. Mohammed Al-Khalayleh/member

Dr. Mohammad Al-Zoubi/ member

 

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Summarized Fatawaa

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

Is it permissible for a woman to wear underwear while performing Umrah?

Yes, it is permissible for a woman to wear underwear while performing Umrah. This is because she should keep her regular clothes that cover all her body while being in a state of Ihram (ritual consecration) for Hajj, or Umrah. However, she 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. And Allah Knows Best.

Is it permissible to read from the Mus-haf during Tarawih prayer?

Yes, it is permissible to read from the Mus-haf during Tarawih prayer, provided that excessive movements that invalidate the prayer are avoided.
However, it is preferable for the imam to be a memorizer of the Quran and to recite from memory.

What is the ruling on wiping the head during ablution from behind a barrier like a headscarf (hijab)?

The obligation in ablution is to wipe some of the head; it is not a condition to wipe all of it. As for one who has a turban or headscarf on their head, it is permissible for them to wipe over it after wiping a part of their head in any place. This is easily done at the front of the head. This means the woman begins by wiping the front of her head from under the headscarf, then completes the wiping to the back of the head from over the headscarf. If the woman wipes over the headscarf on her head and the moisture reaches the scalp or some hair within the boundaries of the head, it suffices for wiping the head. And Allah the Almighty knows best.

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