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Resolutions of Iftaa' Board

Resolution No.(247): "Establishing a Private Investment on Endowed Land"

Date Added : 05-12-2017

Resolution No.(247)(16/2017) by the Board of Iftaa`, Research and Islamic Studies:

"Establishing a Private Investment on Endowed Land"

Date: 2/Rabi` Al-Thani/1439, corresponding to 21/11/2017.

 

 

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all his family and companions.

During its 13th session held on the above date, the Board reviewed the question sent from His Excellency the General Manager of Awqaf Properties Investment Fund, and reads as follows:

We would like to bring to Your Grace`s attention that the Ministry of Awqaf owns the endowed lands (175,206,226) located in Irbid, and estimated at (3355 square kilometers). They were endowed in 1984 in exchange for a piece of land, given to Irbid`s Greater Municipality, to be used as a graveyard. In the same year, the afore pieces were allocated for building a Masjid and an Islamic center, as determined by the resolution of the Awqaf Board and the approval of the Municipality. However, an investor has requested establishing a private investment on that land along with building the Masjid and the Islamic center from his own pocket. What`s the ruling of Sharia in this case, knowing that there is already a Masjid which is only 270 meters away from that land.

After deliberating, the Board arrived at the following decision:

If the purpose for which the land was endowed in the first place was achieved, there is no harm in investing the rest of that land for the benefit of the Waqf/endowment. And Allah Knows Best.

 

Chairman of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Prof. Abdullah Al-Fawaz, Member

Dr. Ahmad Al-Hasanat, Member

Dr. Mohammad Khair Al-Esa, Member

Dr. Majid Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Mohammad Al-Zo`bi, Member

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Summarized Fatawaa

What is the ruling on giving Zakat al-Fitr in cash?

The default ruling is that Zakat al-Fitr should be given as the staple food of the land. In Jordan, for example, the staple food is wheat or rice, and the amount of Zakat al-Fitr is 2,500 grams per person. It is easy to give this amount of rice to the poor and needy, and this is the correct ruling according to all Islamic schools of thought.
However, Hanafi scholars have permitted giving Zakat al-Fitr as monetary value, considering it more beneficial for the poor and easier for the giver.

What is the ruling on performing the Witr prayer as a single rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the Witr prayer as a single unit (rak‘ah). It was narrated from Ibn ‘Umar that a man asked the Messenger of Allah ﷺ about the night prayer, and the Messenger of Allah ﷺ replied: 'The night prayer is offered two by two (mathna mathna). If one of you fears the approach of dawn, let him pray a single rak‘ah to make what he has prayed odd-numbered (Witr) for him.' (Related by al-Bukhari & Muslim)). However, limiting the prayer to only one rak‘ah is considered 'contrary to the preferred way' (Khilaf al-Awla).
 
It is stated in Al-Minhaj al-Qawim Sharh al-Muqaddimah al-Hadramiyyah (p. 137): 'The minimum of Witr is one rak‘ah, but limiting it to that is contrary to what is best.'
 
The most complete form of Witr is eleven units, while the minimum level of 'perfection' is three units. It is stated in ‘Umdat al-Salik (p. 60): 'The minimum of Witr is one rak‘ah, and its maximum is eleven, performing the taslim (salutation) after every two units. The lowest level of perfection is three units with two separate taslims (meaning 2+1).' And Allah the Exalted knows best.

What is the ruling on eating or drinking during the second Adhan?

It is not permissible to eat or drink during the second Adhan because it announces the break of dawn and the obligation to start fasting. Allah Almighty says {what means}:"and eat and drink until you can discern the white streak of dawn against the blackness of night." [Al-Baqarah/187].
Whoever eats or drinks during this time invalidates their fast, and they must refrain from eating for the rest of the day and make up for the missed fast later.

 

How to perform the witr prayer in terms of connection (wasl) and separation (fasl)?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Witr prayer has several forms that vary in terms of virtue:
 
The First Form: Separating every two units (rak‘ah) with a Tashahhud and a Taslim (salutation). This is superior to connecting the units, even if it is only a single rak‘ah. This is based on the Hadith of ‘Aishah (may Allah be pleased with her): 'The Messenger of Allah ﷺ used to pray eleven units between the end of the ‘Isha prayer and dawn, performing the Taslim after every two units and performing Witr with a single unit.' (Related by al-Bukhari & Muslim).
 
The Second Form: Connecting the units with only one final Tashahhud at the very end.
 
The Third Form: Connecting with two Tashahhuds—meaning reciting the Tashahhud before the final unit without performing the Taslim, then standing to complete the final unit. This form is considered the lowest in rank so that the Witr prayer remains distinct from the obligatory Maghrib prayer, as stated in the Hadith: 'Do not make the Witr resemble the Maghrib prayer.' (Narrated by Al-Daraqutni, who stated its narrators are trustworthy).
 
It is stated in Bushra al-Karim Sharh al-Muqaddimah al-Hadramiyyah: 'It is permissible to connect [the Witr] with one Tashahhud in the final unit—which is better—or with two Tashahhuds in the last two units, as both methods are established in Sahih Muslim from the actions of the Prophet ﷺ. In the connected method, more than two Tashahhuds are prohibited. Furthermore, separating (al-Fasl) is better than connecting (al-Wasl) if the number of units is the same, because the Hadiths supporting it are more numerous and it involves more devotional actions.' And Allah the Exalted knows best."

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