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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 using a miswak (tooth-stick) during the day in Ramadan?

It is permissible to use a miswak before noon while fasting. However, according to the Shafi'i school, it is disliked (makruh) after noon in order to preserve the natural effect of fasting in the mouth, as the Prophetﷺ said in authentic hadith:
"The breath of a fasting person is more pleasant to Allah than the fragrance of musk."

What is the ruling on a suitor (khāṭib) going out alone with his fiancée before the marriage contract is concluded?

It is unlawful for a suitor, prior to the marriage contract , to do anything that would be unlawful for any non-maḥram man — including touching his fiancée, being secluded with her (khalwah), or seeing her without her complete sharī‘ah-compliant covering — even after the recitation of al-Fātiḥah (This is a cultural custom to seek Allah's blessing (barakah) and mark mutual consent) and the family's approval [of the engagement]. This is because the engagement, without the formal marriage contract, does not render unlawful matters permissible. And Allah, the Exalted, knows best.

Is it permissible to give to the poor from among the People of the Book from the Udhiyah?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to give to the poor among the People of the Book from a voluntary sacrifice (uḍḥiyyat taṭawwuʿ), just as it is permissible to give charity (ṣadaqah) to them. This opinion is a view (wajh) within the Shāfiʿī school, which was favored by al-Muḥibb al-Ṭabarī and Imam al-Nawawī. [See: Ḥāshiyat Ibn Qāsim al-ʿAbbādī ʿalā Tuḥfat al-Muḥtāj (Vol.9/P.365)]. And Allah Almighty knows best.

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

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