Resolutions of Iftaa' Board



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

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

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is recommended (mustaḥabb) — not obligatory — for the one offering a voluntary sacrifice (uḍḥiyyat taṭawwuʿ) to eat from it. Allah Almighty says {what means}: "So eat from them and feed the desperate (qāniʿ) and the beggar (muʿtarr). Thus We have subjected them to you that you may be grateful."— [Sūrat al-Ḥajj (22): 36]
 
Explanation of terms:
 
Al-Qāniʿ — the poor person who does not ask people for money, food..eccetera.(beg)
 
Al-Muʿtarr — the poor person who does ask people for money, food..eccetera (begs)
 
And Allah Almighty knows best.

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

Is it permissible for a religious young Muslim woman to love a young man for Allah`s sakes?

Such love between the two sexes is from the devil`s evil suggestions, and a pure Muslim woman should beware of such a matter, and she shouldn`t mix with non-Mahrams (Marriageable ).

What is the ruling on applying perfume while fasting?

Applying perfume does not break the fast. However, it is better to avoid it, as fasting is a practice of simplicity and restraint, while perfume is a form of luxury.