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Resolutions of Iftaa' Board

Resolution No.(224): "Exhuming a Graveyard to Build a School in it is Prohibited"

Date Added : 26-05-2016

 

Resolution No.(224) (7/2016) by the Board of Ifta`, Research and Islamic Studies:

"Exhuming a Graveyard to Build a School in it is Prohibited"

Date: 5/Sha`ban/1437, corresponding to 12/5/2016 AD.

 

 

All perfect praise be to Allah, The Lord of the Worlds, and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

During its sixth session held on the above date, the Board reviewed the question-originally sent by the UNRWA-of His Excellency the Minister of Endowments about the ruling of Sharia on the above issue?

According to Sharia, graveyards are of great sanctity and Muslims must show respect to their inhabitants and protect them against harm, as indicated in the following Prophetic tradition: "Breaking a deceased body’s bones is exactly like breaking them when he is alive.” {Related by Abu Dawood}.

Therefore, Muslim jurists haven`t permitted exhuming graves for no legitimate necessity until the bones have transformed into earth, which isn`t the case with [An-Nadeef Graveyard] since it contains fresh graves, as shown by the report of the special committee formed to that purpose.

In conclusion, it isn`t permissible to exhume the graves of " An-Nadeef Graveyard" for building a school there. And Allah Knows Best.

 

 

Chairman of the Iftaa Board, Sheikh Abdulkareem  Al-Khasawneh

Dr.Hail Abdulhafeez/Member Prof. Abdulnasser Abulbasal/ Member

Dr. Yahia Al-Botoosh/ Member

Dr. Sa`eed Hijjawi/ Member

Dr. Mohammad Khair Al-Eesa/ Member

Dr. Khalid Woraikaat/ Member

Prof. Abdullah Al-Fawwaz/ Member

Dr. Mohammad Al-Khalayleh

Dr. Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

What is the ruling of Islamic Law on opening an account in a commercial bank in order to deposit a sum and use it for personal purposes, such as transfers and electronic payments?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is forbidden for a Muslim, if he has a choice, to open an account in an interest-based (ribawī) bank, even if the account earns no interest, because doing so assists in ribā, based on the saying of Allah the Exalted (which means): “And cooperate in righteousness and piety, but do not cooperate in sin and aggression.” [al-Māʾidah/2]
This is because such banks invest deposited funds in forbidden ribā-based transactions, and depositing with them is therefore a form of assisting them in what is unlawful. Assisting in what is unlawful is prohibited by the Sharīʿah. However, if there is a pressing need to open an account in an interest-based bank and it is not possible to open one in an Islamic bank, there is no objection to doing so.
The ruling on bank interest and the prizes distributed by interest-based banks was previously explained in Fatwa no. (471). And Allah Almighty knows best.

A man wishes to offer more than one uḍḥiyah (sacrificial offering), and intends by these sacrifices "on behalf of everyone whom Allah and His Messenger love." Is this intention valid?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The uḍḥiyah (sacrificial offering) is not valid with this intention, because if the sacrificial animal is from sheep or goats, it suffices for one person only; and if it is from cattle or camels, it suffices for seven persons.
However, one may sacrifice it on his own behalf, and then gift the equivalent of its reward to whomever he wishes.
Imam ar-Ramlī (raḥimahullāh) says: "Ash-Shāfi‘ī (raḍiyallāhu ‘anh) said: It is within the vastness of Allah's bounty, the Exalted, that He rewards the one giving charity as well. From this, the scholars of the madhhab said: it is recommended for a person to intend the charity on behalf of his parents, for example — for Allah, the Exalted, will reward them, without this diminishing his own reward in any way." He then relates, as the relied-upon position, the permissibility of saying: "O Allah, convey the reward of what I have recited specifically to so-and-so, and to the Muslims generally." Az-Zarkashī said: "For reward varies in degree — its highest form is what one designates specifically, and its lowest form is what one dedicates generally [alongside others]." [End of quote from Nihāyat al-Muḥtāj]. And Allah, the Exalted, knows best.

Is it permissible for a guardian (Big brother) to unlawfully stop his sister from getting married?

If the guardian denies her right in getting married for an unlawful reason, she should go to court in order to settle that matter, and the guardian is considered sinful in this case.

A woman made a wig for herself from her own [previously shed] hair, which she wears on her head after having lost her hair [due to hair loss]. Is this permissible?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Since the hair belongs to the woman herself, the wig can be removed during the obligatory ghusl (ritual bathing), and part of the head can still be wiped during wuḍū' (ablution), there is no sharī‘ah objection to making this wig — provided she does not appear wearing it in front of non-maḥram men (Any males outside a woman's immediate family whom she is permitted to marry under Islamic law), since it is not permissible for them to look at a woman's detached hair.
It is stated in Rawḍat aṭ-Ṭālibīn wa ‘Umdat al-Muftīn: "Whatever it is not permissible to look at while still attached [to the body] — such as the male genitalia, a free woman's forearm, the hair of her head, and a man's pubic hair, and similar matters — it remains unlawful to look at even after it has been detached [from the body], according to the more correct position (al-aṣaḥḥ)." And Allah, the Exalted, knows best.

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