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

What is the ruling on one who vowed not to speak to a certain person, then forgot his vow and spoke to him?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Whoever swears an oath or makes a vow to abstain from something has a choice: if he wishes, he may keep to his vow, or if he wishes, he may offer the expiation of an oath (kaffārat yamīn). The Prophet (peace and blessings be upon him) said: “The expiation for a vow is the expiation for an oath.” Narrated by Muslim. This type of vow is called a nadhr al-lajāj (a vow made in stubbornness or anger).
If a person makes a vow and then forgets it, nothing is due from him, for forgetfulness is among the excuses that lift legal responsibility (taklīf) from a Muslim. This is based on the saying of the Prophet (peace and blessings be upon him): “Actions are judged only by intentions, and every person will have only what he intended.” [Narrated by al-Bukhārī]. There is no intention for the one who forgets or errs. It is also based on the report: “Indeed, Allah has pardoned for my Ummah mistakes, forgetfulness, and what they are compelled to do.” Narrated by Ibn Mājah and others, and graded authentic by Ibn Ḥibbān and al-Ḥākim.
It is stated in ʿUmdat al-Sālik (p. 243), one of the books of the Shāfiʿī school: “Whoever swears, [for example], ‘I will not enter the house,’ and then enters it forgetfully, ignorantly, under compulsion, or being carried, he does not break his oath.” And Allah Almighty knows best.

Is it incumbent on a husband to pay the alimony of his wife if she had left him and stayed at her parent`s without his permission?

When a wife leaves her house, and stays at her parent`s without asking her husband, she is considered a Nashiz (wife who refuses to abide by her husband’s orders), and so she doesn`t deserve an alimony.

What are the legal and religious consequences for a charitable organization in the event that a sacrificial animal is damaged or spoiled after slaughter?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Charitable organizations entrusted with slaughtering sacrificial animals (uḍḥiyyah) and distributing their meat on behalf of their owners are obligated to safeguard the meat from spoilage, damage, theft, and any other harm. This is because such organizations act as agents (wukalā') on behalf of those offering the sacrifice, and an agent holds what is entrusted to them in trust (amānah) — whether they receive a wage for their work or act on a voluntary basis.
If the sacrificial animal is damaged after slaughter during the processes of packaging, transportation, or storage due to negligence or oversight — whether on the part of the organization's own staff overseeing the operation, or on the part of third parties contracted by the organization such as transport or shipping companies — then liability falls upon the negligent party, who is required to compensate for the value of the sacrifice. It is not permissible to cover such compensation from the organization's other donor funds.
However, if the damage to the sacrificial animal occurs without any negligence in its preservation and storage on the part of any party involved in the transportation, shipping, or storage process, and is instead attributable to force majeure circumstances beyond their control, then no financial liability is borne by any party in such a case. And Allah Almighty knows best.

What is the ruling on wiping the white area behind the ears instead of wiping the head?

The obligation in ablution is to wipe some of the head; it is not a condition to wipe all of it. Wiping the white area behind the ears suffices for that. And Allah the almighty knows best.