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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 conditions that must be met for the 'aqīqah to be valid?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is like the recommended uḍḥiyyah in terms of the type of animal, its age, and its required characteristics — since it is a recommended slaughter and therefore resembles the uḍḥiyyah in its rulings.
It is agreed upon without any difference of opinion that the 'aqīqah is not valid with any animal other than livestock (al-na'am — camels, cattle, and sheep). Likewise, an animal with a disqualifying defect — such as obvious illness, lameness, or blindness in one eye — does not suffice, as has previously been explained in the rulings of the uḍḥiyyah. And Allah Almighty knows best.

What is the Islamic ruling on eating from the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is recommended (mandūb) to eat from the 'aqīqah, unless it was vowed (mandhūrah). If the 'aqīqah was made as a vow, then it is prohibited to eat from it, and it becomes obligatory to distribute the entirety of it in charity to the poor. And Allah Almighty knows best.

What is the ruling on the ablution of one who cuts his nails, and is it permissible to cut them before the ritual bath for major impurity (janabah)?

Cutting nails does not invalidate ablution, and it is permissible to cut them before the ritual bath for major impurity. And Allah the Almighty knows best.

A person prays in a certain spot within the rows of the mosque, and gets angry if someone else prayed at his spot. What is the ruling on this behavior?

All Perfect Praise be to Allah The Lord of The Worlds and may His Peace and blessings be upon our Prophet Muhammad and upon all of his family and companions                                                                                                                                                                                                                              Prophet Mohammad (PBUH) make it prohibited for a Muslim from having/taking a certain spot in the mosque when performing prayers if they arrived and find it occupied, furthermore; it is the religious duty on others (praying people) to offer a piece of advice to alert the ones who don't know, that whoever reaches a spot first at the mosque having a priority/privilege upon others in that spot. And Allah Knows Best.

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