Resolutions of Iftaa' Board



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 is the ruling of Islamic Law on someone who wakes up in a state of janābah (major ritual impurity) near the very end of the prayer's designated time, during cold weather — should he heat water in order to perform ghusl, even though the prayer's time will expire as a result, or should he perform tayammum instead?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the water is cold, and cannot be used due to fear of harm that is not ordinarily tolerable, or that would result in illness, then in this case it becomes obligatory to heat the water — even if heating it causes the time for Fajr to expire — and no sin is incurred in doing so, due to his valid excuse. He may not resort to tayammum (dry ablution) instead, since water remains available [and merely needs to be heated].
Imam Shihāb ad-Dīn Aḥmad ar-Ramlī (raḥimahullāh) said: "He was asked regarding a person who, if he were to use cold water, would experience harm that permits tayammum, and who has access to something with which he could heat the water — but if he heats it, the prayer's time will expire. Is it obligatory for him to heat it even if the time expires, or should he pray with tayammum within the prescribed time? He answered that it is obligatory for him to heat the water, even if the time for that particular obligatory prayer expires." [Fatāwā ar-Ramlī, Vol.1/P.98]
Imam al-Bājūrī (raḥimahullāh) said in his Ḥāshiyah on Sharḥ Ibn Qāsim (Vol.1/P.173): "And if he fears [harm] from using cold water, and is currently unable to heat it, but knows of a place where firewood is available, such that if he were to go there he would not return until after the prescribed time has expired — what appears [to be the correct position] is that it is obligatory for him to go and seek the firewood, even if the time expires as a result, as this is the position ultimately settled upon by ar-Ramlī, and as related from him by Ibn Qāsim." And Allah, the Exalted, knows best.

Is it obligatory to make up all missed prayers?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Making up missed prayers (qaḍāʾ) is a sharʿī obligation, established by the practice of the Prophet ﷺ himself — when the disbelievers preoccupied him on the Day of the Trench and he missed the ʿAṣr prayer, he made it up afterward. This is further affirmed by the ḥadīth: "Fulfil what you owe to Allah, for Allah is most deserving of being fulfilled." (Reported by al-Bukhārī.)
Accordingly, a person who has missed prayers should set aside his voluntary and Sunnah prayers and replace them with make-up prayers in their stead. There is no objection to making up one missed prayer alongside each obligatory prayer that is performed — praying the equivalent missed prayer together with each current obligatory prayer as a practical and manageable way of gradually clearing one's debt of missed prayers. And Allah the Almighty knows best.

My father has debts and asked me to repay them years ago, and I promised him I would do so upon his death — is it permissible for me to go back on my promise given that I am unable to repay them, especially since he refuses to contribute to repayment on the grounds that the debt has become my responsibility by virtue of my promise?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The established principle is that a father's debt is to be repaid from his own wealth, if he possesses sufficient means. As for the promise made by the son to repay it on his father's behalf, fulfilling such a promise is strongly recommended, and breaking it is considerably disliked. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Fulfilling a promise is emphatically recommended, and breaking it is severely disliked. The evidences for this from the Qurʾān and the Sunnah are well known." [Rawḍat al-Ṭālibīn,Vol. 2/P.278] Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, further states: "The reason fulfilling a promise is not obligatory and breaking it is not forbidden is that a promise is in the nature of a gift, and a gift does not become binding except upon receipt." [Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib,Vol. 2/P.487]
Given that the son does not possess the financial means to fulfil his promise to his father, breaking this promise falls beyond his capacity — and Allah does not burden a soul beyond what it can bear. Since the father himself possesses sufficient wealth to settle his own debt, repayment must be made from his own funds. Should he pass away before doing so, the debt is to be settled from his estate. And Allah the Almighty knows best.

How many Rak`ahs (unit of prayer) are offered in Witr prayer?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                                  Witr (an odd number prayer performed between Isha`a and Fajr) is offered with a minimum of one Rak`ah, and a maximum of eleven, but offering three Rak`ahs is the minimum of its complete form. And Allah Knows Best.