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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

Is a person who is in a state of Janabah (major ritual impurity due to having a marital intercourse, ejaculation, menstruation, and post-delivery impurities) sinful if he/she goes about his/her daily life activities in that state i.e. without making Ghusl (ritual bath)?

It goes without saying that a Muslim should always be in a state of ritual purity so as to be able to perform prayers and recite Quran. It is from Sunnah (Prophetic tradition) that a Muslim hastens to make Ghusl from Janabah, but he/she is not sinful in case he/she delayed that provided that he/she doesn`t miss prayers. However, it is permissible for him/her to go about their daily activities while in a state of Janabah, but had better bathe in order not to miss any prayer.

Should the Zakah (obligatory charity) giver tell the poor recipient that this is the Zakah of his money?

No, he shouldn`t. But, the Zakah giver should make an intention in his heart that it is the Zakah of his money when paying it to the poor. And Allah Knows Best.

Is it permissible to eat from an Udhiyah slaughtered on behalf of a deceased person?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to eat from the sacrifice (uḍḥiyyah) that is offered on behalf of a deceased person. This is the madhhab (school of thought) of the Hanbalis. In this case, the heirs take the place of the deceased as if he were alive, with the same rights to eat from it, give it in charity, and offer it as a gift.
 
It is stated in Maṭālib Uli al-Nuhā (Vol.2/P.472): "Offering a sacrifice on behalf of a deceased person is better than offering one on behalf of a living person, because the deceased is unable (to perform deeds) and is in need of reward. It is to be treated like a sacrifice on behalf of a living person in terms of eating, giving charity, and giving gifts." And Allah Almighty knows best.

What is the Islamic ruling on the aqiqa?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is a confirmed Sunnah (sunnah mu'akkadah). Two sheep are to be slaughtered for a newborn boy, and one sheep for a newborn girl. This is established by numerous Prophetic traditions, among them:
The narration of Samurah ibn Jundub, may Allah be pleased with him, who reported that the Messenger of Allah ﷺ said: "Every child is held in pledge for his 'aqīqah, which is slaughtered on his behalf on the seventh day, and he is named, and his head is shaved." — Narrated by al-Tirmidhī, who graded it as ḥasan ṣaḥīḥ.
And the narration of 'Ā'ishah, may Allah be pleased with her, who said: "The Messenger of Allah ﷺ commanded us to slaughter one sheep as 'aqīqah for a girl, and two sheep for a boy." — Narrated by Aḥmad and Ibn Mājah.
The imperative in these narrations is understood to denote recommendation rather than obligation, based on the ḥadīth of 'Amr ibn Shu'ayb, on the authority of his father, on the authority of his grandfather, who said: The Messenger of Allah ﷺ was asked about the 'aqīqah, whereupon he said: "Allah does not love 'uqūq" — as though he disliked the name itself — and then said: "Whoever has a child born to him and wishes to offer a sacrifice on their behalf, let them do so: two equivalent sheep for a boy, and one sheep for a girl." — Narrated by Aḥmad and Abū Dāwūd.
The legal inference drawn from this narration is that the Prophet ﷺ linked the slaughter to the wish and willingness of the individual, saying: "whoever wishes to offer a sacrifice... let them do so" — thereby indicating that the 'aqīqah is recommended (mustaḥabb) and not obligatory (wājib).
And Allah Almighty knows best.

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