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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 one offering the sacrifice liable if its meat spoils?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
If the meat (of the sacrifice) spoils due to the negligence of the one offering the sacrifice in preserving it, or due to improper storage, then he is liable to compensate for the portion due to the poor (which is estimated as half a kilogram of meat). If the sacrifice was a vowed (mandatory) one, then he is liable for all of it.
 
However, if he was not negligent, then there is no liability upon him, because its ruling is the ruling of a trust (like an item left in someone's care). And Allah Almighty knows best.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

What is the ruling on the ablution of one who cuts his nails, and is it permissible to cut them before the ritual bath for major impurity (janabah)?

Cutting nails does not invalidate ablution, and it is permissible to cut them before the ritual bath for major impurity. And Allah the Almighty knows best.

What is the ruling on seeking forgiveness between the two Friday sermons?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to seek forgiveness (Istighfar) between the two Friday sermons (Khutbatayn), and it does not invalidate the Friday prayer (Salat al-Jumu'ah). Furthermore, it is not disliked (Makruh) to speak before the sermon, after it, or between the two sermons. Likewise, it is not disliked for one who enters during the sermon to speak if there is a need for it, provided he has not yet taken a place and settled into it. And Allah the Exalted knows best.

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