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 the ablution of one who touches women prohibited to him by a temporary prohibition (mahram bi-hurma mu'aqqata)?

It is prohibited to touch a woman who is temporarily prohibited (meaning one whom it becomes permissible to marry after the impediment is removed, such as the wife of a brother or paternal uncle). Touching her without a barrier invalidates ablution. And Allah the Almighty knows best.

What is the ruling on someone who possesses cash reaching the niṣāb (minimum threshold liable for zakah), and then uses part of it to purchase gold before the ḥawl (lunar year) is complete — must he pay zakāh on all of it [combined], or only on the remaining cash, excluding the gold?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Gold acquired for hoarding and saving is subject to zakāh once it reaches the niṣāb (minimum threshold liable for Zakah) — when combined with any cash held — and once a full ḥawl (lunar year) has elapsed over it. The starting point for calculating this ḥawl is the ḥawl of the paper currency [used to purchase it], which had already reached the niṣāb and was then used to purchase the gold.
It is stated in Mughnī al-Muḥtāj (Vol.2/p.78): "As for someone who sells silver in exchange for gold, or vice versa, zakāh remains obligatory upon it, since he builds [the calculation of] its ḥawl upon [the ḥawl established at the time of] the original transaction [i.e., when the wealth was first acquired]."
This has already been explained in detail in Fatwa No. 2670 — please refer to it.
And Allah, the Exalted, 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.

A person prays in a certain spot within the rows of the mosque, and gets angry if someone else prayed at his spot. What is the ruling on this behavior?

All Perfect Praise be to Allah The Lord of The Worlds and may His Peace and blessings be upon our Prophet Muhammad and upon all of his family and companions                                                                                                                                                                                                                              Prophet Mohammad (PBUH) make it prohibited for a Muslim from having/taking a certain spot in the mosque when performing prayers if they arrived and find it occupied, furthermore; it is the religious duty on others (praying people) to offer a piece of advice to alert the ones who don't know, that whoever reaches a spot first at the mosque having a priority/privilege upon others in that spot. And Allah Knows Best.