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Resolutions of Iftaa' Board


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

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

What is the Islamic ruling on one who was unable to fast and then regained the ability?

 
He is not required to make up the fast (Qada) even if he becomes capable of it; whether he regained the ability to fast after paying the fidya (feeding a needy person for each day of missed fasting) or before it, because he was liable for paying it in the first place, so it remains binding upon him. However, if he delayed paying it beyond the first year, nothing is required of him due to the delay. If he is unable to pay it, it does not remain as a debt upon him. And Allah the Exalted knows best.

What is the ruling on speaking while relieving oneself?

It is disliked for one relieving himself to speak while doing so, except out of necessity. And Allah the Almighty knows best.

What is the ruling on performing voluntary (nafl) prayer during the time of istiwā' (the sun's zenith) on the day of Jumu‘ah (Friday), and is this ruling specific to someone who has come to the mosque to perform the Jumu‘ah prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is permissible to perform voluntary (nafl) prayer during the time of istiwā' (the sun's zenith, i.e., its highest point before noon) on the day of Jumu‘ah (Friday) — whether for someone who is attending the Friday prayer or someone who is not, and whether they are among the people obligated to attend it or not.
It is stated in Mughnī al-Muḥtāj (Vol.1/P.310): "The more correct position (al-aṣaḥḥ) is that prayer is permissible during this time without restriction — regardless of whether the person will be attending the Jumu‘ah prayer or not." And Allah, the Exalted, knows best.

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