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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 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.

What is the ruling on one who vows to fast a specific or non-specific year? Are the two Eids, the days of Tashreeq, Ramadan, and the days of menstruation and postnatal bleeding included in them? And do these days break the consecutiveness if it was intended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone makes a vow (Nadr) to fast a specific, designated year, this vow does not include the days of Eid, the days of Tashreeq (the three days following Eid al-Adha), Ramadan, or the days of menstruation (Hayd) and postnatal bleeding (Nifas). Furthermore, there is no requirement to make up (Qada) these specific days.
 
However, if someone vows to fast a year that is not specifically designated (i.e., any twelve-month period) and stipulates that the fasting must be consecutive, they are bound by that condition. They must not fast on the days of Eid, during Ramadan, or during menstruation, but they are required to make up these days afterward—with the exception of the days of menstruation and postnatal bleeding, which do not need to be made up.
 
It is stated in Hashiyat al-Bajuri ‘ala Sharh Ibn Qasim ({Vol.2/P.606): 'If one vows to fast a specific year, the Eid, Tashreeq, Ramadan, and days of menstruation or postnatal bleeding are not included. This is because Ramadan does not accept any fast other than its own, and the others do not accept fasting at all. Therefore, they do not enter into the vow, and no makeup is required for them because they are legally excluded—contrary to Al-Rafi’i regarding menstruation and postnatal bleeding.
 
If one vows to fast a non-designated year: if they stipulated consecutiveness (Tatuabu’) in their vow, they must fulfill it; otherwise, they are not bound to it. Consecutiveness is not broken by the days that do not enter into the specific year vow (Eid, Tashreeq, Ramadan, menstruation, and postnatal bleeding). However, one must make up the days missed—excluding the time of menstruation and postnatal bleeding—immediately following the end of the year. As for the time of menstruation and postnatal bleeding, it is not made up, contrary to Ibn al-Rif’ah, who argued that it must be made up just like Ramadan.' And Allah the Exalted knows best.

What type of illness that permits breaking the fast in Ramadan?

It is an illness that, if one fasts, there is a fear it may lead to their death or cause unbearable hardship.

What is the wisdom and purpose behind the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Among the wisdoms and purposes of the 'aqīqah are the following:
First: Expressing joy at the blessing of Allah the Almighty, rejoicing in the newborn, and giving thanks to Allah for this gift. Allah the Almighty says (what means): "If you are grateful, I will surely increase you." [Ibrāhīm/7]
Second: Proclaiming and publicising the lineage (nasab) of the child — and the 'aqīqah serves as an appropriate and fitting means to this end.
Third: Gladdening the hearts of family members, relatives, friends, and the poor by gathering them together over a shared meal. And Allah Almighty knows best.

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