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Resolutions of Iftaa' Board

Resolution No. (262): "Ruling on Leasing the Ground Floor of a Masjid"

Date Added : 22-07-2018

Resolution No. (262)(15/2018) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Leasing the Ground Floor of a Masjid"

Date: 6/Dhu'l-Qa'dah/1439 AH, corresponding to 19/7/2018.

 

 

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 tenth session held on the above date, the Board reviewed the question sent from His Excellency Deputy Director-General of Awqaf Properties Development Department Mr. Ali Al-`Esaili, and it read as follows:

 

I have enclosed a copy of the letter submitted by the residents of Al-Hiwaiah area (Karak) in which they sought permission to give out the ground floor of "Thaniyat Al-Wada` Masjid", located in the aforementioned area, for lease in return for a nominal price in order to use it for hosting various public occasions. I kindly ask your Grace to discuss this request with the Iftaa` Board to issue a Fatwa in this regard.

After deliberating, the Board arrived at the following decision:

 

It isn`t permitted to allocate any part of the Masjid for a purpose other than that which is beneficial to the Masjid. As a Waqf (Endowment), it is solely allocated to performing acts of worship and delivering the religious message of a Masjid, and not for hosting public or private events, because Almighty Allah, Said (What means): "(Lit is such a Light) in houses, which God hath permitted to be raised to honour; for the celebration, in them, of His name: In them is He glorified in the mornings and in the evenings, (again and again),- By men whom neither traffic nor merchandise can divert from the Remembrance of God" {An-Nur, 36}. This is particularly since the extra floors of a Masjid may be allocated to teaching the Noble Quran and the different Sciences of Sharia. They may also be needed in certain religious events, such as the holy month of Ramadan, Fitr and Adha Eids and the like. We may also lease them for non-religious occasions, without that being conditioned by the Waqif (Endower), hinders delivering the original purpose for which the Masjid was endowed in the first place. And Allah Knows Best. 

 

 

The Iftaa` Board (2018)

 

Chairperson: Dr Mohammad al-Khalayleh, Grand Mufti of Jordan

Sheikh AbdulkareemKhasawneh/ Member

Dr. Ahmad Al-Hasanat/Member

Prof. Abdullah al-Fawoaz/ Member

Dr.Moh.Khair Al-Esa/ Member

Dr. Majid Drawsheh/ Member

Sheikh Sa`eidHijawi/Member           

 Judge Khalid Woraikat/Member

Prof. Adam Al-Qhodat/ Member

Dr. Mohammad al-Zou`bi/Member   

 

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Summarized Fatawaa

Can a woman perform I‘tikaf in her home?

No, a woman's I‘tikaf is not valid if performed at home, because her home is not a mosque.

Is it acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid. And Allah the Almighty knows best.

What is the ruling on waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.

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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