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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

What are the legal and religious consequences for a charitable organization in the event that a sacrificial animal is damaged or spoiled after slaughter?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Charitable organizations entrusted with slaughtering sacrificial animals (uḍḥiyyah) and distributing their meat on behalf of their owners are obligated to safeguard the meat from spoilage, damage, theft, and any other harm. This is because such organizations act as agents (wukalā') on behalf of those offering the sacrifice, and an agent holds what is entrusted to them in trust (amānah) — whether they receive a wage for their work or act on a voluntary basis.
If the sacrificial animal is damaged after slaughter during the processes of packaging, transportation, or storage due to negligence or oversight — whether on the part of the organization's own staff overseeing the operation, or on the part of third parties contracted by the organization such as transport or shipping companies — then liability falls upon the negligent party, who is required to compensate for the value of the sacrifice. It is not permissible to cover such compensation from the organization's other donor funds.
However, if the damage to the sacrificial animal occurs without any negligence in its preservation and storage on the part of any party involved in the transportation, shipping, or storage process, and is instead attributable to force majeure circumstances beyond their control, then no financial liability is borne by any party in such a case. And Allah Almighty knows best.

Which is better during the day in Ramadan: reciting the Quran or performing voluntary prayers?

A Muslim should establish a daily schedule for reciting the Quran in Ramadan.
Once they have completed their daily portion (known as a wird or hizb), they can engage in other acts of worship, including voluntary prayers (nawafil). Prayer itself is called "Quran", because a significant part of it involves reciting the Quran.
Allah says: "BE CONSTANT in [thy] prayer from the time when the sun has passed its zenith till the darkness of night, and [be ever mindful of its] recitation at dawn: for, behold, the recitation [of prayer] at dawn is indeed witnessed [by all that is holy]." [Al-Isra`/78]

If someone delays making up fasts for a year, can they give fidyah before performing qada?

Yes, it is permissible to give fidyah before making up the missed fasts (qada), because each is an independent obligation, and there is no required order between them. 

Is it valid for the 'aqīqah to be performed using the newborn child's own wealth?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible for the guardian to perform the 'aqīqah using the newborn child's own wealth, because the 'aqīqah is a voluntary act of giving (tabarru'), and a guardian is prohibited from making voluntary expenditures from the child's wealth. Should he do so, he becomes financially liable for what he spent. And Allah Almighty knows best.

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