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Resolutions of Iftaa' Board

Resolution No.(253): "Donating for an Educational Waqf"

Date Added : 05-04-2018

Resolution No.(253)(6/2018) by the Board of Iftaa`, research and Islmaic Studies:

"Donating for an Educational Waqf"

Date: (6/Jumada Al-Akhirah/1439 AH), corresponding to (22/2/2018).

 

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

During its third session held on the above date, the Board reviewed the letter sent from the Minister of education, Dr. Omar Al-Razaz and it read as follows: I appreciate your Grace`s tremendous efforts and blessed support for the "Educational Waqf" initiative launched by my Ministry in cooperation with the Ministry of Awqaf and Islamic Affairs to encourage Jordanians to make donations in favor of the various aspects of the educational process since that is vital for the development of society. I will be very grateful if you could kindly clarify the ruling of Sharia on educational Waqf and donating for education?

After deliberating, the Board decided:

Waqf (Endowment) is a priceless opportunity for offering good deeds, and is among the greatest charities. Actually, it is a perpetual charity whose reward never comes to an end. The Prophet Muhammad Sallallahu ‘alayhi Wassalam (PBUH) said: “When a human being dies, his or her good deeds also come to an end, save three things (that they leave behind): (first) a perpetual charity (sadaqa jariyah), (second) any beneficial knowledge, and (third) a pious child praying for him or her.” {At-Tirmithi}.

Moreover, Narrated Ibn `Umar: When `Umar got a piece of land in Khaibar, he came to the Prophet (PBUH) saying: "I have got a piece of land, better than which I have never got. So what do you advise me regarding it?" The Prophet (PBUH) said: "If you wish you can keep it as an endowment to be used for charitable purposes." So, `Umar gave the land in charity (i.e. as an endowment on the condition that the land would neither be sold nor given as a present, nor bequeathed, (and its yield) would be used for the poor……." {Bukhari & Muslim}.

There is consensus among Muslim jurists on the permissibility of establishing a Waqf for the benefit of the Muslim Ummah (Nation), such as that whose returns are spent on hospitals, schools and mosques. Al-Imrani (May Allah have mercy on him) said: "It is valid to endow every item whose basis is kept undiminished, such as plots of land, clothes, furniture, weapons and animals" {Al-Bayan Fi Math-hab al-Imam Al-Shafie}.

Education constitutes an urgent interest for Muslims because it is of great benefit to them in terms of qualifying their youth and paving their way for a brighter future. Endowing funds for this very purpose is recommended by Sharia and giving voluntary charity is amongst the righteous deeds through which a person receives a great reward from Almighty Allah in the Hereafter, and through it worldly interests are fulfilled.

Throughout the great history of Islam, many a Madrasa-equal to universities of today- was founded, and students` expenses were covered for by the revenue of endowments. For example, Al-Hadith Al-Ashrafyah Madrasa established by Al-Ashraf and ran by Al-Imam Ibn Al-Salah, The Salihiyya Madrasa named after Salahuldin Al-Ayoobi, Al-Madrasa Al-Nidamiyah named after Nidam, the Seljuk king, Al-Madrasa Al-Ghazalia named after Al-Imam Al-Ghazali….etcetera. Revenues of endowments have covered the expenses of all these schools and supported their academic progress. This is according to the book [Ad-Daris Fi Tareikh Al-Madaris].

In conclusion, giving donations for the advancement of the educational process and endowing funds in favor of the "Educational Waqf " initiative is recommended 

by Sharia. And Allah Knows Best.

 

Chairman of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Prof. Abdulnaser Abulbasal,  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-Zou`bi/ Member

Dr. Wa`el Arabyat/ Member

Prof. Abdullah Al-Fawaaz/ Member

 

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Summarized Fatawaa

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

What is the recommended supplication (Du'a) upon breaking the fast, and is it recited before or after breaking it?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is recommended (Mustahabb) for a fasting person to recite upon breaking the fast—that is, immediately after eating or drinking—the supplication: "Allahumma laka sumtu wa 'ala rizqika aftartu" (O Allah, for You I have fasted, and with Your provision I have broken my fast).
 
This is because our master, the Prophet (peace and blessings be upon him), used to say this. The narration was recorded by Abu Dawud with a good (Hasan) chain of transmission, albeit in a Mursal form (a narration where a Successor reports directly from the Prophet). Shaykh al-Islam Imam Ibn Hajar al-Haytami (may Allah have mercy upon him) stated: "Its Mursal status is inconsequential, as it pertains to virtuous deeds (Fada'il); furthermore, it was connected (Mawsul) through another chain of transmission." [Tuhfat al-Muhtaj, Vol.3/P.425]
 
It is also recommended to recite: "Dhahaba al-dhama'u wa ibtallat al-'uruqu wa thabata al-ajru in sha' Allah" (The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills).
 
This was recorded by Abu Dawud with a good (Hasan) chain. Our leading jurists (Imams) have explicitly stated that it is recommended for the fasting person to combine both supplications.
 
Imam al-Bajuri (may Allah have mercy upon him) stated:
 
 
"And his saying following his breaking of the fast—that is, it is recommended to say: 'O Allah, for You I have fasted, upon Your provision I have broken my fast, in You I have believed, to You I have submitted, and upon You I have relied. The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills. O You of vast bounty, forgive me. Praise be to Allah Who aided me so that I fasted, and provided for me so that I broke my fast. O Allah, grant us success in fasting, enable us to stand in night prayer during it, and aid us in it while people sleep, and admit us to Paradise in peace.'" [Hashiyat al-Bajuri, Vol.1/P.562]
 
Furthermore, the fasting person may supplicate with whatever good he or she wishes, for the supplication of a fasting person is answered. Al-Bayhaqi recorded on the authority of Anas ibn Malik that the Messenger of Allah (peace and blessings be upon him) said: "Three supplications are not rejected: the supplication of a parent for his child, the supplication of a fasting person, and the supplication of a traveler." And Allah Almighty knows best.

Is it permissible to pay the Zakah (obligatory charity) for settling the debt of a deceased relative?

It is impermissible to pay the Zakah for settling the debt of the deceased since Zakah is paid to eligible recipients who are alive. As for the debts of the deceased, they are to be settled from the estate before dividing it amongst the heirs, but if the deceased didn`t leave an estate, then it is desirable for his/her heirs to settle those debts if they can afford them. And Allah Knows Best.

What is the ruling on forgoing the sacrifice (uḍḥiyah) for one who is financially able to offer it?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
It is disliked (makrūh) for one for whom the uḍḥiyah (sacrifice) is recommended (Sunnah) to forgo offering it, on account of the scholarly disagreement regarding whether it is obligatory. And Allah, the Most High, knows best.

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