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Resolutions of Iftaa' Board

Resolution No.(244): "A Masjid should be Used as such"

Date Added : 12-11-2017

Resolution No.(244) (13/2017):

"A Masjid should be Restricted as such"

Date: 20/Safar/1439 AH, corresponding to 9/11/2017

 

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 twelfth session held on the above date, the Board of Iftaa`, Research and Islamic Studies reviewed the letter sent by the Manager of Awqaf of Balqa Governorate requesting using Um Jawza Old Msjid as a Cultural Forum. Could you kindly clarify the ruling of Sharia on renovating, using and leasing that Masjid to the Cultural Directorate of Salt, taking into consideration the fact that it has been closed for more than twenty five years.

 

After deliberating the above question, the Board reached the following view:

 

According to Sharia, a Masjid is an Islamic endowment (Waqf) that may not be used for a purpose other than that for which it was endowed in the first place, whether a particular person had made it a Waqf or it became such for being used by people as Masjid. Based on the fact that it was proven to be a Masjid, it may not be changed into something else; rather, it should remain as such, and should be maintained and preserved for offering prayers. However, it may be used for a purpose close to that of Masjid, such as teaching Quran and Religious Sciences. But, turning it into a cultural forum isn`t permissible; particularly since Article (1239) of the Jordanian Civil Code states: "It isn`t permissible to change a Masjid into something else nor change the use of whatever was endowed to serve that Masjid in the first place." And Allah Knows Best. 

 

 Chair  of Iftaa` Board

Grand Mufti of Jordan, Dr. Mohammad Al-Khalayleh

 

Vice chair of Iftaa` Board, Sheikh AbdulKareem al-Khasawneh

 

Prof. Abdulnaser abulBasal, Member                    Prof. Abdullah al-Fawaz/ Member

Judge Khalid Woraikat,Member                            Dr. Mohammad Khair al-Esa, Member

Dr. Majid Darawsheh, Member                            Sheikh Sa`eid Hijjawi,  Member

Dr. Ahmad al-Hasanat, Member                          Dr. Mohammad al-Zo`bi, Memebr

 

 

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Summarized Fatawaa

What is I‘tikaf, and how is it performed?

I‘tikaf is staying in the mosque with the intention of I‘tikaf. It is fulfilled by remaining in the mosque for a period that qualifies as devotion or seclusion (I‘tikaf). It is recommended (Sunnah) for anyone entering the mosque to intend I‘tikaf as long as they remain inside.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

What is the ruling on using eye drops while fasting?

Eye drops do not break the fast, even if the taste reaches the throat, because the eye is not an open passage to the body cavity.

What is the ruling on purchasing sacrificial animals and authorizing their slaughter via telephone?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is preferable for the one offering a sacrifice (udhiyah) to slaughter the animal himself, in adherence to the Sunnah, or to be present at the slaughter if possible.
 
It is valid to authorize a butcher to purchase a sacrificial animal on his behalf and slaughter it, regardless of whether the animal is owned by the butcher or the butcher is acting as an agent in its sale—according to the Hanbali school—provided that the butcher specifically designates and purchases the animal for the person offering the sacrifice before slaughtering it. And Allah Almighty knows best.

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