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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(71): "Ruling on Leasing an Endowment as a Coffee-Shop"

Date Added : 07-12-2015

 

Resolution No.(71): "Ruling on Leasing an Endowment as a Coffee Shop"

Date: 12/9/1424 AH, corresponding to 6/11/2003

 

We have received the following question:

What is the ruling of Sharia on leasing an endowed estate as a coffee shop that serves carbonated beverages and hookah?

Answer: All of success is due to Allah, The Lord of The Worlds

After researching and deliberating, the Board decided the following:

It is permissible to the leasee of an endowed estate to run it as a coffee-shop for serving carbonated beverages and hookah provided that he doesn`t use it for any illegal purpose, such as serving alcoholic drinks, playing cards, gambling, and mixing between the two sexes. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Chief Justice, Izuldeen At-tamimi

Dr. Abdulsalam Al-Abbadi

Dr. Mohammad Abu Yahia

Dr. Yousef Ghyzan

Sheikh Na`eim Mujahid

Sheikh Mahmoud Shewayat

Dr. Wasif Al-Bakhri

Sheikh Sa`eid Al-Hijjawi 

 

 

Note: The hookah and the cigarettes are forbidden, and it is impermissible to lease shops for selling them, as stated in resolution No.(109) of the Iftaa` Board dated 30/5/2006. And Allah Knows Best.

 

 

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Summarized Fatawaa

What is the ruling on a second congregation [being formed] in the mosque?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is disliked to deliberately seek to establish a second congregation in a mosque that is not one frequented by transient passersby — such as a neighborhood mosque with a regular, appointed imam — unless permission is granted by that imam, since doing so implies criticism and an affront to him. However, if the mosque is one frequented by transient passersby — such as mosques located in marketplaces — then a second or even third congregation is permissible there, whether or not it has a regular, appointed imam, and whether or not that imam gives his permission. This is because such mosques experience a continuous flow of people coming and going, so no implication of criticism toward the imam is perceived in the formation of multiple congregations in that setting. And Allah, the Exalted, knows best.

Is it permissible to offer mandatory prayer while sitting?

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.                                                                                                                                                                                                                            Standing up is a pillar in the mandatory prayer and the prayer is not valid without it unless one cannot do it. As for Nafila (supererogatory prayer), one can perform it in the state of sitting even if he/she can stand, but his/her reward is half the reward of the person who prays while standing if he/sh has no legal excuse for such an act. And Allah Knows Best.

Is it permissible for one who sacrifices on behalf of another, with the latter's permission, to eat from the sacrifice?

It is permissible for someone who sacrificed on behalf of another with their permission to eat from it with their permission, and they stand in their place (act as their representative) in distributing it.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.8/P.141): "And he—meaning the one sacrificing on his own behalf, provided he has not apostatized—has the right to eat from a voluntary sacrifice and his sacrificial gift; rather, it is recommended. As for an obligatory sacrifice, it is forbidden for him to eat from it, whether it was designated as such initially or as a liability in his dhimmah. And excluded by what has preceded is if he sacrifices on behalf of another, or if he apostatized, then it is not permissible for him to eat from it, just as it is absolutely impermissible to feed a disbeliever from it."(The text I found indicates the impermissibility of eating) ???
 
And it is stated in Hashiyat al-Jamal ‘ala Sharh al-Manhaj (Vol.5/P.262): "If a person offers a sacrifice on behalf of a living person with their permission, does he act as their representative in distributing it—on the grounds that permission to sacrifice is permission to distribute it—or does it depend on their explicit permission? This requires consideration, but the first view is not far-fetched." And Allah the Almighty knows best.

Is Zakah (obligatory charity) due on the items used in the trading process such as: cars , shops etc..?

No Zakah is due on equipments used in the trading process such as cars and the like.

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