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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 the ruling on waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.

What is the ruling on one who sees moisture on his clothes and doubts whether it is semen or pre-seminal fluid (madhy)?

Whoever finds moisture upon waking from sleep and doubts whether it is semen or madhy, and cannot distinguish between them, he may choose between them and act according to his choice. If he wishes, he can consider it semen and perform the ritual bath, or consider it madhy, perform ablution, and wash what it has soiled. This is because if he fulfills the requirement of one of them, he is definitively free from it, and the default is his innocence from the other. And Allah the Almighty knows best.

What is the ruling on attending relatives` parties held in public halls, or hotels since if we don`t, we will be subjected to their admonition?

If such parties involve mixing between men and women, or forbidden acts such as listening to songs with sinful lyrics, then attending them is forbidden from the view point of Sharia since people`s admonition is nothing compared to Allah`s, The Almighty`s, wrath.

What is the ruling of Islamic Law on performing ṭawāf on the upper floors of al-Masjid al-Ḥarām, given that these floors are situated above the level of the Ka‘bah, and that the one performing ṭawāf passes by certain barriers, such as pillars and walls, during the ṭawāf?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
There are numerous conditions for the validity of ṭawāf (circumambulation around the Ka‘bah), among them: that the one performing ṭawāf be inside the Masjid (al-Masjid al-Ḥarām) — even if the Masjid has been expanded, so long as the expansion does not extend out into al-ḥill (land outside the sanctuary boundaries). It suffices for the ṭawāf to be performed in the airspace of the Masjid or upon its roof, even if that roof is higher than the Ka‘bah (the House) itself.
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It [ṭawāf] is valid upon the roof of the Masjid, even if the roof of the Masjid is higher than the House — just as prayer [is valid] upon Mount Abū Qubays despite its elevation above the House. This is the relied-upon (mu‘tamad) position." [Mughnī al-Muḥtāj, Vol.2/P.246]
The validity of the tawaf isn`t affected by the pillars and walls standing between the one performing ṭawāf and the House, since the condition is only that the person performing ṭawāf be within the boundaries of the Masjid and outside the boundaries of the Ka‘bah itself.
Ash-Shirbīnī said: "It [ṭawāf] is valid inside the Masjid, even if it is expanded, and even if a barrier stands between the one circumambulating and the House — such as a water-supply structure (saqāyah) or pillars (sawārī)." [Mughnī al-Muḥtāj, Vol. 2/P.246]
Accordingly, ṭawāf performed on the upper floors is valid, and the presence of barriers such as pillars and walls during the ṭawāf does not affect its validity. And Allah, the Exalted, knows best.

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