Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No. (266) "Ruling on Renting Mosque`s Roof"

Date Added : 30-12-2018

Resolution No. (266) (20/2018) by the Board of Iftaa`, Research and Islamic Studies: "Ruling on Renting Mosque`s Roof"

Date: (05/Rabi` Rabīʿ al-Awwal/1440 AH), corresponding to (13/12/2018)

 

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.

On its fourteenth session held on the above date, the Board reviewed the letter of His Excellency Minister of Awqaf Islamic Affairs and Holy Places (No.3/2/346-5/11/2018). It read as follows: I would like to bring to Your Grace`s attention the fact that the Awqaf Council has reviewed the request submitted for investing the roof and yards of Huthayfah Ibn Al-Yaman`s Mosque (Tabaraboor). Ad-Dar Darak Restaurant will install a solar system there for a period of twenty-five years in return for an annual payment. However, the Ministry of Awqaf will be the sole owner of that system and it won`t affect the mosque`s solar panels. Could you clarify the ruling of Sharia on this so that the Awqaf Council takes the proper decision in light of it? 

After deliberating, the Iftaa` Board arrived at the following resolution:

There is no harm in renting the roof of that mosque for installing solar power generators where the rent money is steered to the benefit of the mosque. This is provided that this project doesn`t prevent people from performing prayers since Sharia neither hinders a well-established interest nor whatever helps visit and maintain the mosques of Allah. The important thing, here, is that the Waqf (Endowment) maintains serving the purpose for which it was endowed in the first place and that no harm is inflicted upon the praying people and other worshippers. The proof of this is that it was reported that some Hanafi jurisprudents said, "It is allowed to rent the roof of a mosque to use the rent money for its maintenance."{Al-Bahar Al-Raa`iq}.

 

Chairperson of Iftaa` Board,
Grand Mufti of Jordan,
Dr. Mohammad Al-Khalayleh
Sheikh Abdulkareem AlKhasawneh/ Member
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-Worikat/ Member
Dr. Ahmad Al-Hasanat/ Member
Dr. Mohammad Al-Zou`bi/ Member
Dr. Rashaad Al-Khilaani

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Summarized Fatawaa

Does the Obligatory Ritual Bath (Ghusl) Suffice in Place of Ablution (Wuḍūʾ)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The more prudent course is to perform ablution (wuḍūʾ) after the ritual bath (ghusl), so as to exit the difference of scholarly opinion and because the sufficiency of the ritual bath in place of ablution is contingent upon a number of conditions and requirements being met. And Allah the Almighty knows best.

What is the recommended supplication (Du'a) upon breaking the fast, and is it recited before or after breaking it?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is recommended (Mustahabb) for a fasting person to recite upon breaking the fast—that is, immediately after eating or drinking—the supplication: "Allahumma laka sumtu wa 'ala rizqika aftartu" (O Allah, for You I have fasted, and with Your provision I have broken my fast).
 
This is because our master, the Prophet (peace and blessings be upon him), used to say this. The narration was recorded by Abu Dawud with a good (Hasan) chain of transmission, albeit in a Mursal form (a narration where a Successor reports directly from the Prophet). Shaykh al-Islam Imam Ibn Hajar al-Haytami (may Allah have mercy upon him) stated: "Its Mursal status is inconsequential, as it pertains to virtuous deeds (Fada'il); furthermore, it was connected (Mawsul) through another chain of transmission." [Tuhfat al-Muhtaj, Vol.3/P.425]
 
It is also recommended to recite: "Dhahaba al-dhama'u wa ibtallat al-'uruqu wa thabata al-ajru in sha' Allah" (The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills).
 
This was recorded by Abu Dawud with a good (Hasan) chain. Our leading jurists (Imams) have explicitly stated that it is recommended for the fasting person to combine both supplications.
 
Imam al-Bajuri (may Allah have mercy upon him) stated:
 
 
"And his saying following his breaking of the fast—that is, it is recommended to say: 'O Allah, for You I have fasted, upon Your provision I have broken my fast, in You I have believed, to You I have submitted, and upon You I have relied. The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills. O You of vast bounty, forgive me. Praise be to Allah Who aided me so that I fasted, and provided for me so that I broke my fast. O Allah, grant us success in fasting, enable us to stand in night prayer during it, and aid us in it while people sleep, and admit us to Paradise in peace.'" [Hashiyat al-Bajuri, Vol.1/P.562]
 
Furthermore, the fasting person may supplicate with whatever good he or she wishes, for the supplication of a fasting person is answered. Al-Bayhaqi recorded on the authority of Anas ibn Malik that the Messenger of Allah (peace and blessings be upon him) said: "Three supplications are not rejected: the supplication of a parent for his child, the supplication of a fasting person, and the supplication of a traveler." And Allah Almighty knows best.

Is it permissible to fast the six days of Shawwal before making up for the missed fasts of Ramadan?

● If a person missed fasts due to a valid excuse, they may fast the six days of Shawwal before making up for Ramadan fasts, because qada (makeup fasts) in this case can be delayed, while the six days of Shawwal must be observed within Shawwal.
● However, if a person missed fasts without a valid excuse, they must make up for the missed fasts immediately after Eid, before fasting the six days of Shawwal. If they fast the six days first, it is valid, but they must still make up for the missed Ramadan fasts afterward.
It is also permissible to combine the intention of qada (makeup fasts) and the six days of Shawwal in one fast. However, it is better to fast them separately, as this increases the reward and avoids scholarly disagreement regarding combining intentions.

Is it permissible for someone who is unable to fast to pay the fidyah (ransom/compensation payment) to himself, due to his own poverty?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is not permissible, nor does it fulfill the obligation, for a sick person who is currently and permanently unable to fast to pay the fidyah (ransom/compensation payment) to himself, since it is a financial obligation owed by him, established as a standing debt upon him — much like any other debt he owes. If he were to pay it to himself, it would not thereby be discharged. So if he cannot find [anyone eligible to] pay it to, it remains a standing obligation upon him, and is not thereby waived. If Allah, the Mighty and Majestic, later grants him wealth, it becomes obligatory upon him to pay it out to the poor and needy.
Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "There is no difference in the obligation of the fidyah between the wealthy and the poor person; its benefit lies in its remaining established as a standing debt upon the poor person [until he is able to pay it] — and this is the more correct position (al-aṣaḥḥ), as indicated by the wording of ar-Rawḍah and its source text." [Mughnī al-Muḥtāj, Vol.2/P.174]
Accordingly: it is not permissible for a Muslim to pay the fidyah to himself while he remains poor. If the sick person is poor, he is not obligated to pay the fidyah immediately, and it remains a standing debt upon him until a time when he has sufficient means and wealth. And Allah, the Exalted, knows best.