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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 marriage contract considered valid if concluded at home by the marriage official (Ma`zon)?

Yes, it is valid as long as it is registered at the court.

What is the ruling on sacrificing a castrated animal or one with a missing tail?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible to sacrifice a castrated sheep; as it has been established that the Prophet (peace be upon him) sacrificed:
 
"...two large, fat, horned, white-and-black, castrated rams (Mawju'ayn—meaning having crushed testicles)." [Narrated by Ibn Majah in his Sunan].
 
It is not permissible to sacrifice an animal that is missing its tail, or udder due to being cut off. This is in contrast to an animal that was naturally born without a tail, or udder; such an animal is valid for sacrifice. And Allah the Almighty knows best.

Is Zakah (obligatory charity) due on the Zakah money received by a poor person, and reached a Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over having it in his possession?

Yes, the poor who possessed a Nissab for a whole lunar year is obliged to pay the Zakah due on that money even if it was given to him as a Zakah money in the first place. And Allah Knows Best.

A pregnant woman has iron deficiency. When she showers, she becomes very tired and feels cold. What is the ruling on tayammum in this situation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
One should not resort to tayammum (dry ablution) as a substitute for the obligatory ghusl (ritual bathing) so long as it remains possible to use water — for example, by heating the water, warming the place where the bathing takes place, or taking other similar precautions. However, if such measures prove ineffective, or are simply not possible to carry out, and performing ghusl [with cold water] would result in severe harm, then tayammum becomes permissible in that case, due to genuine inability to use water on account of the harm that would result, as described in the question. That said, she must make up (qaḍā') the prayers she performed using this tayammum.
It is stated in Bushrā al-Karīm: "One should not perform tayammum on account of cold unless warming the limbs fails to remove the aforementioned harm, and no means are available to heat the water — such as a vessel, firewood, or fire — and one fears [that using cold water would result in] any of the harms mentioned earlier in the discussion on illness: danger to life, loss of function in a limb, the onset or worsening of an illness, delayed recovery, or the [visible bodily] blemish mentioned in that discussion on illness. In such a case, tayammum becomes permissible due to the harm involved, but the prayer must still be made up afterward (qaḍā'). If, however, warming the body proves effective, or the means to heat the water are available, or none of the aforementioned harms are feared — then tayammum is not permissible, even if using the water causes some degree of discomfort or pain, since mere discomfort alone does not permit resorting to tayammum." And Allah, the Exalted, knows best.

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