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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

Is it permissible for a woman in her menstrual period to recite from the Mus-haf (copy of the Quran ), or to recite by heart?

A menstruating woman is permitted neither to recite nor to touch the Quran according to what Ali Bin Abi Talib (May Allah be pleased with him) reported about the Prophet (PBUH) who was only held from reciting the Holy Quran by Janabah (Major impurity) [Al-Tirmizi in a sound Hadith]. Although Janabah and menstruation are major impurities, a menstruating woman is permitted to supplicate Allah (Duaa`) and make Zikr (Tasbihat ), even if these involved saying words from the Holy Quran, provided that she does not mean the words for themselves but as a supplication, or Zikr. Moreover, she is rewarded for not reciting the Quran during her menstrual period because she abided by the injunctions of Allah.

Who should pay the Zakah (obligatory charity) from the orphan`s money?

His/her guardian, and if the latter fails to do so, then the orphan himself/herself is obliged to pay the Zakah once he/she reaches puberty, and is capable of handling his/her own affairs. And Allah Knows Best.

What is the Islamic ruling on breaking the bones of the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah not to break the bones of the 'aqīqah. Rather, each bone should be separated at its joint — as a good omen and expression of hope for the soundness and wholeness of the newborn's limbs. However, if one does break the bones, it is not considered disliked (makrūh) — it is simply regarded as contrary to what is preferable (khilāf al-awlā). And Allah Almighty knows best.

What is the meaning of the Prophetic statement that a boy is held in pledge (murtahan) for his 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The first interpretation: That if the boy dies in infancy without an 'aqīqah having been performed on his behalf, he will not intercede for his parents on the Day of Resurrection. This is the position of Imam Aḥmad ibn Ḥanbal, and Imam al-Khaṭṭābī concurred with him, stating: "The finest of what has been said regarding this matter is the position adopted by Aḥmad ibn Ḥanbal." — [Fatḥ al-Bārī by Ibn Ḥajar,{Vol.9/P.594]
The second interpretation: That the child is likened to a pledged object (marhūn) — one from which full benefit and enjoyment cannot be derived until it is redeemed. A blessing is only made complete upon the one blessed when they fulfil the obligation of gratitude (shukr), and the prescribed expression of gratitude for this particular blessing is what the Prophet ﷺ established as Sunnah — namely, the slaughtering of the 'aqīqah on behalf of the newborn as an act of thankfulness to Allah the Almighty and as a supplication for the wellbeing and safety of the child. This is the position of Mullā 'Alī al-Qārī. See: [Mirqāt al-Mafātīḥ Sharḥ Mishkāt al-Maṣābīḥ, Vol.7/P.2688]
And Allah Almighty knows best.

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