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Resolutions of Iftaa' Board

Resolution No.(198): "Leasing the Parking Area of King Abdullah the 1st`s Masjid to another Institution is Impermissible"

Date Added : 26-11-2015

Resolution No.(198)(8/2014) by the Board of Iftaa`, Research and Islamic Studies:

"Leasing the Parking Area of King Abdullah the 1st`s Masjid to  another Institution is Impermissible"
Date: 14/Sha`ban/1435 AH, corresponding to 12/6/2014

 

All perfect praise is due to Allah, The Lord of The Worlds; and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions:
On the above date, the Board reviewed the question sent by His Excellency, the Secretary-General of the Awqaf Fund Development Corporation, and it reads as follows:
I would like to inform you that the Awqaf Fund Development Corporation intends to lease the parking area of King Abdullah the 1st`s Masjid/ Abdalli area. Could your grace clarify the ruling of Sharia on the permissibility of leasing that parking area to a bank which intends to use it for parking the cars of its staff?
After deliberating and researching, the Board decided what follows:
It is impermissible to lease the parking area of King Abdullah the 1st`s Masjid to another institution; rather, it should be used only for the benefit of the Masjid itself and it should be kept for future expansion of the Masjid or for parking the cars of prayer performers, or for holding charity-oriented activities as well as for guidance purposes. Whereas, changing the purpose for which it has been dedicated in the first place by leasing it to a financial institution isn`t within the capacity of the Waqf trustee/administrator. A proof of this is when Umar bin Khattab got some land in Khaibar and he went to the Prophet (PBUH) to consult him about it saying: "O Allah's Messenger (PBUH) I got some land in Khaibar better than which I have never had, what do you suggest that I do with it?" The Prophet (PBUH) said: "If you like you can give the land as endowment and give its fruits in charity." So `Umar gave it in charity as an endowment on the condition that it would not be sold nor given to anybody as a present and not to be inherited, but its yield would be given in charity to the poor people, to the Kith and kin, for freeing slaves, for Allah's Cause, to the travelers and guests; and that there would be no harm if the guardian of the endowment ate from it according to his need with good intention, and fed others without storing it for the future." (Agreed upon). Leasing is tantamount to selling a benefit; whereas, in principle, an endowment can`t be used for a purpose other than the one for which it has been dedicated in the first place. The Muslim Jurists have said: "The conditions set by the owner of an endowment are tantamount to the Sharia texts." And Allah Knows Best.

    

Chairman of the Iftaa` Board, The Mufti General of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.
Prof. Hayel Abdulhafeez/ Member
Dr. Yahia Al-Botoosh/ Member
His Eminence, Sheikh Sa`ied Hijjawi/ Member
Prof. Mohammad Al-Qudat/ Member
Prof. Abduln`nassir Abu Al Bass`al/ Member
Dr. Mohammad Al-Khalayleh/ Member
Dr. Mohammad Al-Zou`bi/ Member
Dr.Wasif Al-Bak`kri/ Member
Dr. Mohammad Khair Al-Esa
 

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Summarized Fatawaa

Should a prayer performer who forgets to offer the middle Tashahod (saying ash-hadu anala ilaha ila-alah) offer Sujood As-Sahw (prostration of forgetfulness)?

He/she should offer two prostrations of forgetfulness at the end of the prayer. And Allah 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.

Is it permissible for the mother to give her children from the Zakah (obligatory charity) of her money?

It is permissible for the mother to give her children from the Zakah of her money if they are Zakah-eligible recipients, and she isn`t obliged to provide for them.

Are school exams a valid excuse for breaking the fast in Ramadan?

School and university exams are not considered a valid excuse for breaking the fast, as most students take their exams while fasting without experiencing extreme hardship. Fasting does not conflict with exam preparation, and a Muslim seeks strength in obedience to Allah for both worldly and spiritual matters.

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