Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(236): "Ruling on Selling the Encroached upon Part of the Graveyard"

Date Added : 31-05-2017

Resolution No.(236)(4/2017) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Selling the Encroached upon Part of the Graveyard"

Date: (27/Shaaban/1438), corresponding to(24/5/2017).

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

On its fifth session held on the above date, the Board has reviewed the letter sent from His Excellency Minister of Awqaf and Islamic Affairs Dr. Wa`eil Arabiat, and reads as follows:

I have enclosed a copy of the Awqaf Board`s resolution No.(8/12/2016), (20/12/2017 AD)about permitting the sale of (9.71) Meters from the endowed plot No.(2081), Al-Abiad (9). This is in addition to a copy of the inspection report approved by the Mufti of Zarqa Governorate, and in coordination with the official committee from your respected Dept. and the report of the Awqaf`s Properties Committee. Could you clarify the ruling of Sharia on this matter so as for the Ministry to carry on with the administrative and legal procedures?

After deliberations, the Board decided the following:

Based on the inspection report conducted by the committee in question and the fact that the part of the graveyard on which the building was set up contained no graves and taking into consideration that the graveyard is very old, the Board believes that it is permissible to sell that part after making sure that the land isn`t endowed by a particular endower or for a particular purpose. And Allah Knows Best.

 

Grand Mufti of Jordan/Dr. Mohammad Al-Khalayleh
Vice-Chairman of Iftaa` Board/Sheikh Abdulkareem Khasawneh
Prof. Abdullah Al-Fawaaz/Member
Sheikh Sa`eid Hijjawee/Member
Dr. Mohammad Khair Al-Esa/Member
Judge Khaled Wuraikat/Member
Dr. Mohammad al-Zou`bi/Member

 

 

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Summarized Fatawaa

Is vomit among the nullifiers of Wudu (ablution)?

Vomit does not nullify Wudu, but it is a Najaasah (impurity) that requires rinsing the mouth and washing whatever became dirty by it since the prayer becomes valid only after the removal of Najaasah. And Allah Knows Best.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

What should I do in order to wake up for Fajr (dawn) prayer?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                                What should I do in order to wake up for Fajr (dawn) prayer? Answer: Some of the acts that aid in offering Fajr prayer are: 1- Going to bed early. 2-  Willingness to wake up. 3- Reciting Al-Korsi verse from Chapter Al-Baqarah. 4- Taking refuge in Allah from the cursed devil, and making ablution immediatley after being awake, but it is preferable to ask someone to help in this regard to perform the Fajr prayer. And Allah Knows Best.

Who is responsible for performing the aqiqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The one upon whom the 'aqīqah is incumbent is whoever is obligated to financially maintain the newborn — whether the father, paternal grandfather, or mother. It is to be performed from their own wealth, not from the wealth of the newborn child.
As for one upon whom the financial maintenance of the newborn is not obligatory, they may not perform the 'aqīqah except with the permission of the one upon whom it is obligatory — namely, the father. And Allah Almighty knows best.