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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 on one who vowed not to speak to a certain person, then forgot his vow and spoke to him?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Whoever swears an oath or makes a vow to abstain from something has a choice: if he wishes, he may keep to his vow, or if he wishes, he may offer the expiation of an oath (kaffārat yamīn). The Prophet (peace and blessings be upon him) said: “The expiation for a vow is the expiation for an oath.” Narrated by Muslim. This type of vow is called a nadhr al-lajāj (a vow made in stubbornness or anger).
If a person makes a vow and then forgets it, nothing is due from him, for forgetfulness is among the excuses that lift legal responsibility (taklīf) from a Muslim. This is based on the saying of the Prophet (peace and blessings be upon him): “Actions are judged only by intentions, and every person will have only what he intended.” [Narrated by al-Bukhārī]. There is no intention for the one who forgets or errs. It is also based on the report: “Indeed, Allah has pardoned for my Ummah mistakes, forgetfulness, and what they are compelled to do.” Narrated by Ibn Mājah and others, and graded authentic by Ibn Ḥibbān and al-Ḥākim.
It is stated in ʿUmdat al-Sālik (p. 243), one of the books of the Shāfiʿī school: “Whoever swears, [for example], ‘I will not enter the house,’ and then enters it forgetfully, ignorantly, under compulsion, or being carried, he does not break his oath.” And Allah Almighty knows best.

What is the ruling on the follower (*maʾmūm*) reciting Sūrat al-Fātiḥah behind the imam?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
In our school of Islamic thought, the Shāfiʿī school, reciting al-Fātiḥah is obligatory in every rakʿah of the prayer for the imam, the follower (maʾmūm), and the one praying individually (munfarid), because it is one of the pillars (arkān) of the prayer. Whoever does not perform it, his prayer is invalid, whether the prayer is silent (sirriyyah) or audible (jahriyyah), based on the saying of the Prophet (peace and blessings be upon him): “The prayer of the one who does not recite the Opening of the Book (Fātiḥat al-Kitāb) is invalid.” Agreed upon.
It is stated in ʿUmdat al-Sālik, one of the books of the Shāfiʿī school: “He recites al-Fātiḥah in every rakʿah, whether he is the imam, the follower, or the individual worshipper.”
The jurists of the other schools hold a different opinion, which was previously explained in Fatwa no. (3169); please refer to it. And Allah Almighty knows best.

Does passing wind, from the anus without a smell, invalidate prayer?

If a person is certain of having passed wind even if it was with no smell, then both his/her ablution and prayer are invalidated, thus he/she should remake ablution and re-perform prayer.

Is it permissible to sacrifice imported livestock (Such as Romanian, Australian, etc.)?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
As long as the sheep meets the prescribed Sharia age and is free from disqualifying defects, it is valid for sacrifice regardless of its country of origin. Therefore, it is permissible to offer sacrifices from various sources, such as: Romanian, Australian, Spanish, Indian, Sudanese, local (Baladi) livestock, and others. And Allah the Almighty knows best.

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