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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 making up missed prayers during prohibited times?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to make up (qada’) missed prayers at any time, even during the periods when prayer is generally prohibited. The prayers that are forbidden and considered invalid during these times are 'absolute voluntary prayers' (nafl mutlaq)—which have no specific cause—and voluntary prayers whose cause follows the prayer itself, such as the Sunnah of entering Ihram or the Sunnah of the Istikharah prayer. Furthermore, no prayer is considered disliked (makruh) during these prohibited times when performed within the Meccan Sanctuary (Makkah al-Mukarramah).
 
It is stated in Bushra al-Karim (Vol.1/P.181), one of the Shafi’i texts: 'It is not forbidden to perform prayers that have a cause that is not delayed (i.e., the cause is preceding), such as making up a missed prayer (fa’itah)—even if it was a voluntary one—and the funeral prayer (janazah); or a cause that is simultaneous, such as the prayer for rain (istisqa’) or the eclipse prayer (kusuf)... and the Sunnah of wudu, the greeting of the mosque (tahiyyat al-masjid), the Sunnah of circumambulation (tawaf), the Sunnah of arrival, and the prostrations of recitation (tilawah) or thankfulness (shukr). These mentioned prayers and their like are not forbidden provided that one does not specifically intend (ta'ammud) to perform them during the disliked time because it is a disliked time. If one does so intentionally, it becomes forbidden, even if it is a mandatory makeup prayer that is due immediately; because in that case, one is acting in defiance of the Sharia. This is in contrast to when one does not specifically seek out that time, even if the prayer happens to fall within it, or if one seeks it for another purpose—such as delaying a funeral prayer to that time so that a larger number of people may pray over the deceased; in such cases, it is permissible and valid... And it is forbidden to perform prayers with no cause at all, like absolute nafl, or those with a delayed cause, such as the Istikharah prayer, the prayer for Ihram, the prayer for a need (hajah), the prayer before leaving the house, or the prayer before execution; because their causes occur after the prayer itself.' And Allah the Exalted knows best."

Is the marriage contract considered valid if concluded at home by the marriage official (Ma`zon)?

Yes, it is valid as long as it is registered at the court.

What is the ruling on swimming while fasting?

Swimming while fasting is disliked (makruh) due to the risk of water entering the body cavity (jauf) through the nose, ears, or mouth, which would break the fast.
Ramadan is a month of tasbeeh (glorifying Allah), not Sibaha (swimming).

Is Zakah (obligatory charity) due on the Zakah money received by a poor person, and reached a Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over having it in his possession?

Yes, the poor who possessed a Nissab for a whole lunar year is obliged to pay the Zakah due on that money even if it was given to him as a Zakah money in the first place. And Allah Knows Best.

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