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Resolutions of Iftaa' Board

Resolution No. (264): "Prohibition of Building Graveyard from Mosque`s Donations"

Date Added : 05-09-2018

Resolution No. (264) by the Board of Iftaa', Research and Islamic Studies:

"Prohibition of  Building Graveyard from Mosque`s Donations"

Date: (18/Thu Al-Hijjah/1439 AD), corresponding to (30/8/2018AH).

 

On its eleventh session held on the above date, the Board reviewed the letter sent from His Excellency, the Mayor of Barqash Municipality, and it read as follow: 

I have enclosed a letter from the Chairman of Khfur Rakeb`s Local Council in which he requested the ruling of Sharia on deducting a certain amount-from the donations raised in favor of Mos`ab Ibn Umayer's Mosque-to build an Islamic graveyard in that area since the old one is overcrowded. 
After prolonged deliberations, the Board decided the following:
It is impermissible to spend the donations in a purpose other than that for which they were raised since Mosques' Committees are entrusted with spending donations in the exact disbursement channel for which they were collected in the first place. This is because, Allah, The Most Exalted, Said (What means): "God doth command you to render back your Trusts to those to whom they are due" [An-Nisa' 58]. In conclusion, donations made in favor of the mosque should only be spent for the benefit of the mosque itself and spending them in building a graveyard is prohibited. And Allah Knows Best.

 

Chairperson of Iftaa` Board,Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Sa`eid Al-Hijjawi, Member

Prof. Abdullah Al-Fawaaz, Member

Dr. Muhammad Khair Al-Issa, Member

Dr. Majid Al-Darawsheh, Member

Prof. Adam Noah/ Member

Judge. Khaled Al-Wrikat

Dr. Ahmad Al-Hasanat, Member

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Summarized Fatawaa

What is the ruling on a suitor (khāṭib) going out alone with his fiancée before the marriage contract is concluded?

It is unlawful for a suitor, prior to the marriage contract , to do anything that would be unlawful for any non-maḥram man — including touching his fiancée, being secluded with her (khalwah), or seeing her without her complete sharī‘ah-compliant covering — even after the recitation of al-Fātiḥah (This is a cultural custom to seek Allah's blessing (barakah) and mark mutual consent) and the family's approval [of the engagement]. This is because the engagement, without the formal marriage contract, does not render unlawful matters permissible. And Allah, the Exalted, knows best.

Do ear and nose drops break the fast?

 
Yes, ear and nose drops break the fast because both the nose and ears are open passages to the body cavity.

What is the ruling of Islamic Law on the prayer of zawal?

 

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended (sunnah) to pray four rakʿāt — either with a single tasleem or as two separate sets of two rakʿāt — immediately following the sun's decline from its zenith (zawāl). This prayer is distinct from the regular Sunnah prayer of Ẓuhr (sunnat al-ẓuhr al-rātibah), as explicitly stated by the Shāfiʿī jurists.
It is mentioned in Nihāyat al-Muḥtāj: "The prayer of zawāl is offered after the sun's decline — so were one to perform it before that, it would not count. It consists of two or four rakʿāt and is distinct from the Sunnah of Ẓuhr, as is evident from the fact that it is mentioned separately after the regular Sunnah prayers, and it becomes a make-up prayer (qaḍāʾ) if a long period of time passes by customary reckoning... Al-ʿAlqamī stated: 'Scholars refer to this as the Sunnah of Zawāl, and it is distinct from the four rakʿāt that constitute the Sunnah of Ẓuhr.' Our shaykh said: Al-Ḥāfiẓ al-ʿIrāqī stated that among those who explicitly affirmed its recommendation was al-Ghazālī in al-Iḥyāʾ, in the chapter on devotional litanies, noting that there is no tasleem between them — meaning there is no break between each pair of rakʿāt."
The time of the sun's decline (zawāl) marks the very beginning of the time for the Ẓuhr prayer.
And Allah the Almighty knows best.

What is the ruling on a woman using contraception without her husband's knowledge if he is mistreating her?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the Almighty knows best.

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