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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 considered a woman`s Awrah (parts of the body that must be concealed during prayer) while offering prayer, and is her foot part of it?

A woman`s whole body is considered an Awrah while offering prayer except the hands and the face. Thus, her foot is an Awrah as well. And Allah Knows Best.

Is it valid to share in the 'aqīqah by contributing a seventh share of a camel or cow?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Yes, it is permissible. If a group of people jointly share in the slaughter of a camel or a cow on behalf of seven individuals, this is valid — regardless of whether all of them intend the 'aqīqah, or some intend the 'aqīqah, others the uḍḥiyyah, and others simply the purchase of meat. And Allah Almighty knows best.

What is the ruling on the prayer of the individual following the imam whose prayer is broadcasted via television?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Among the conditions for the validity of following an Imam (Sihhat al-Iqtida’) is that the Imam and the follower (Ma’mum) must be in the same location. Therefore, the prayer of one who follows an Imam whose prayer is being broadcast via television from a distant location is not valid. However, if the follower is with the Imam in the same mosque, the prayer is valid. And Allah the Exalted 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.

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