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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 are the disliked (makruh) acts of fasting?

● Excessive rinsing of the mouth and nose (during ablution), as it may lead to swallowing water.
● Tasting food or doing anything that may risk breaking the fast.
● Engaging in idle talk, and it is even more emphasized to avoid lying, backbiting, and gossiping.

Is ablution invalidated when blood comes out of the nose, or a wound?

Blood coming out of the nose, or a wound does not invalidate ablution, but it is preferable to make ablution as a way out of the scholars disagreement in this regard.

What is the ruling of Islamic Law if the follower (maʾmūm) stands up for the third rakʿah out of forgetfulness while the imam has sat for the middle tashahhud?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If the imam sits for the tashahhud while the follower (maʾmūm), out of forgetfulness, stands up for the third rakʿah, he is obliged to return to his sitting position, since following the imam is obligatory. In this case, no prostration of forgetfulness (sujūd al-sahw) is required of him. If, however, he fails to return, his prayer is rendered invalid.
Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "If the follower stands up alone out of forgetfulness, he is obliged to return, since following the imam is obligatory... If he does not return, his prayer is rendered invalid, due to his departure from what is obligatory." [Asnā al-Maṭālib,Vol.1/P.190] And Allah the Almighty knows best.

What is the ruling on bypassing a nearby mosque for a distant one?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a distant mosque has a larger congregation (Jama‘ah) while the congregation in the nearby mosque is smaller, and the congregation in the nearby mosque is not adversely affected by the worshiper's absence, then it is better for him to pray in the distant mosque with the larger congregation. However, if the congregation in the nearby mosque would be affected by his absence—such as if he is its Imam, or if his presence encourages others to attend—then praying in the nearby mosque is better. This ensures that the congregation is established in two different locations within the community. This is based on the saying of the Prophet ﷺ: 'A man's prayer offered with another man is purer than his prayer which he offers alone, and his prayer with two men is purer than his prayer with one and if they are more (in number), it is more beloved to Allah, the Mighty the Majestic' (Narrated by Ahmad, Abu Dawood, and An-Nasa'i). And Allah the Exalted knows best.

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