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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

Should Al-Basmalah (i.e. saying Bismillaaahi Ar-Rahmaani Ar-Raheemi) be recited after Takbeerat Al-Ihram (saying Allahuakbar) which marks the beginning of prayer?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                        A praying person is obliged to recite Al-Basmalah at the beginning of Chapter Al-Faatihah, and in every Rak`ah (unit of prayer) because it is a verse of it. And Allah Knows Best.

What is the ruling of Sharia on a Muslim woman who committed Zina with a Christian and became pregnant as a result?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Abortion is forbidden in Islam as it entails taking the life of a soul unjustly. Rather, it is one of the major sins; however, it is permissible only when there is well-established danger on the mother`s life; in which situation scholars gave priority to her life over that of the foetus, since this is, according to Sharia: "The lesser of two evils". In case a Muslim woman committed Zina (Adultery) with a Christian and got pregnant, if this did happen, then this question should be presented to the Iftaa` Committee with the presence of the questioner herself. She could also ask a reliable scholar face to face or via phone. If she gives birth to the baby, then he/she is a Muslim and takes the name of his mother; not the name of the man who was a reason for its conception. And Allah The Almighty Knows Best.

I have mixed (halal and haram) money, and I want to purify it. My father is poor, and I want him, my mother, and my mother-in-law to perform Hajj, along with myself and my wife, as they need care due to their old age. Is it permissible to use this money for Hajj, or what should I do with it? Please advise.
 
 
 
 
 

If you knew the exact amount of unlawful money, then you should give as a charity, and if didn't then try to figure out the closest amount in order to give it as a charity. 
As for performing Hajj, perform it by using your lawful money. May Allah Bless you for being dutiful to your parents and your mother in law and for your attempt to serve them, And Allah Knows Best.

An engineer has to work in a circuit system of a non-Islamic bank. What is the ruling on the income she receives from doing this job?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Necessity lies in fearing for one`s life, honor or mind, so the wage received for doing a forbidden job is equally forbidden. Kindly contact the Iftaa` Department to further clarify the nature of your work. And Allah The Almighty Knows Best.

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