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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

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

What is the ruling on swearing a false oath by the Holy Quran?

Swearing a false oath by the Holy Quran dips the oath-taker in Hellfire, and one who had done so should turn to Allah in repentance, seek His forgiveness, give back rights to whom they belong, and pay the oath expiation.

What is the ruling on eating or drinking during the first Adhan?

It is permissible to eat and drink during the first Adhan because it takes place before the break of dawn. The purpose of this Adhan is to notify Muslims of the approaching dawn so they can prepare to stop eating when they hear the second Adhan.

What is the ruling on reciting the Noble Qur’an during menstruation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is impermissible for a woman in menses, a woman in postnatal bleeding, or a person in a state of major ritual impurity to recite any part of the Noble Qur’an with the intention of recitation, even from a mobile phone or a computer, and even if the recitation is from memory. It is narrated on the authority of ʿAlī ibn Abī Ṭālib (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) “was not prevented, or he said kept back, from the Qur’an by anything except janābah (major ritual impurity).” It was narrated by Abū Dāwūd and al-Tirmidhī, who said: “Ḥasan ṣaḥīḥ.”
Janābah and menstruation are one and the same in that both constitute a major ritual impurity. Just as a woman is commanded by Allah Almighty to pray, fast, and recite the Noble Qur’an during her period of purity, she is likewise commanded to refrain from these during the period of her excuse.
For further reference, see the fatwas: (Fatwas of Shaykh Nūḥ, Fatwa no. 27) and (248). And Allah Almighty knows best.

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