Resolutions of Iftaa' Board



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

What is the ruling on a Friday sermon in which the khaṭīb did not explicitly exhort the congregation to be conscious of Allah (taqwā) in both sermons, but sufficed with commanding them to obey Allah and refrain from disobeying Him?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
For the Friday sermon (khuṭbat al-Jumʿah) to be valid, certain essential pillars (arkān) must be fulfilled. Among these is the exhortation to be conscious of Allah (waṣiyyah bi-taqwā Allāh), which must be present in both sermons. Alongside this pillar, the praising of Allah (ḥamdallah) and the sending of blessings upon the Messenger of Allah ﷺ are equally required.
Shaykh al-Islām Imām Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "These three are pillars in each of the two sermons, because each sermon is independent and separate from the other." [Tuḥfat al-Muḥtāj,Vol.4/P.447]
It is not a condition that the exhortation be expressed in any specific wording, nor is it required that the word "taqwā" itself be used — such as saying "I exhort you to be conscious of Allah." Rather, this pillar is fulfilled by any expression that contains a command to obey Allah the Almighty and to abstain from what He has prohibited.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "The third pillar is the exhortation to taqwā... The specific wording of this exhortation is not required, according to the most correct view, because the purpose is admonition and the urging of obedience to Allah the Almighty. Therefore, any expression that conveys admonition suffices — whether long or short — such as: 'Obey Allah and be ever mindful of Him.'" [Mughnī al-Muḥtāj,Vol.1/P.550]
Accordingly, what the khaṭīb has done — by commanding obedience to Allah and forbidding disobedience to Him in both sermons — is valid and sufficient. And Allah the Almighty knows best.

Can a woman leading other women in Tarawih prayer recite aloud?

Yes, a woman leading other women in Tarawih prayer is allowed to recite aloud, as long as no non-mahram (other than unmarriageable kin) men can hear her.

Is it recommended (mustaḥabb) for the one offering  a voluntary sacrifice (uḍḥiyyat taṭawwuʿ) to eat from its meat?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
It is highly recommended (Mustahabb) for the person offering a voluntary Udhiyah (sacrificial animal) to eat from its meat, but it is not an obligatory requirement (Wajib). Allah the Almighty says {what means}: "So eat of them and feed the needy who do not beg and the beggar. Thus have We subjected them to you that you may be grateful." (Al-Hajj/ 36)
 
"So eat of them": This directive is an encouraging recommendation, not a binding command.
 
The Qani’ (the needy who do not beg): Refers to a poor person who refrains from asking people for help out of dignity.
 
The Mu’tarr (the beggar): Refers to a poor person who explicitly asks others for assistance. And Allah the Almighty Knows Best.

When does the time for the 'aqīqah lapse and pass?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the guardian was financially capable (mūsir) during the majority of the postnatal period (nifās) — which is sixty days — then the obligation of the 'aqīqah remains upon him until the child reaches the age of maturity (bulūgh). Once the child reaches maturity, the demand falls away from the father and those like him. At that point, it becomes Sunnah for the child himself to perform the 'aqīqah on his own behalf.
However, if the guardian was financially incapable (mu'sir) during the postnatal period, and then became financially capable after its expiry — that is, after sixty days — the 'aqīqah is no longer required of him. And Allah Almighty knows best.