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 permissible for me to make up for my late father`s missed fasts? and should I make an intention to this end by saying: "I intend to make up for my late father`s missed fasts?

It is permissible to fast on behalf of the deceased father in order to make up for his missed fasts, and you should make the intention for offering fast from night time, but uttering the intention isn`t a condition. And Allah Knows Best.

We collect funds from mosques and other sources, saying: "For the poor, the needy, widows, orphans, and those who do not beg insistently." After paying the stipends of the families registered with the Zakat Committee, an amount exceeding 6,000 dinars remained. Is it permissible for me to save it for upcoming months when I may not be able to collect the stipends?

These funds are received by the committee as representatives of the zakat payers to deliver zakat to those entitled to it. It is well-known that delaying zakat while being able to pay it is not permissible. Imam Al-Nawawi (may Allah have mercy on him) said: "Zakat must be paid immediately if one is able to do so, by the presence of wealth and the eligible categories." [Al-Minhaj] Therefore, the committee must distribute the zakat to the eligible recipients without installment payments or using it to purchase material goods for them, as the committee does not have authority over the poor to allocate it in this way. And Allah Knows Best.

Is performing Umrah an obligation for who is capable. Is he accountable for not performing it in this case?

Umrah is an obligation once in a lifetime for every Muslim. When physical and financial ability is present, it is preferable to perform Umrah, as well as Hajj. If one can afford to perform Umrah but not Hajj, then they should begin with Umrah, especially since Hajj nowadays is not accessible to everyone who wishes to perform it. In contrast, Umrah is more open and easier to undertake. And Allah knows best.
 
 
 
 
 

What is the ruling on shaving the head of the newborn?

It is desirable to shave the head of the newborn on the seventh day from delivery, and the weight of his/her hair is given in gold , or silver as charity.