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

Does undergoing surgery under anesthesia break the fast?

Anesthesia itself does not break the fast because anesthetic gases have no physical substance (jirm), and subcutaneous anesthesia injections do not reach the body cavity (jauf). However, this is on condition that the person is conscious at some point during the fasting hours:
● If they were awake at the beginning of the day, their fast remains valid.
● If they wake up even for a moment before sunset, their fast is also valid.
However, if the surgery involves the entry of foreign substances into the body cavity, their fast is invalidated, and they must make up for that day later.

Which hour coincides with the last third of the night?

This hour could be figured out by calculating the number of night hours which start at sunset, and end at dawn break, then the total is divided on three to get the result.

Is bleeding that lasts for nine or ten days considered menstruation (Hayd)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the duration of the bleeding does not exceed fifteen days, then all of it is considered menstruation (Hayd), even if the regular cycle ('Adah) has changed. And Allah the Exalted knows best.

Who is required to give fidyah for fasting?

Fidyah—feeding one needy person for each missed fasting day—is required for:
1. Those who are permanently unable to fast, such as:
○ Elderly men and women who are too weak to fast.
○ People with chronic illnesses that have no hope of recovery.
2. Pregnant or breastfeeding women who break their fast out of fear for their child (fetus or infant).
3. A person who delays making up Ramadan fasts (qada) until the next Ramadan begins, without a valid excuse.
4. The estate of a deceased person who had missed obligatory fasts and had the ability to make them up but did not do so.