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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

What is the difference between Qiyam al-Layl and Tahajjud?

● Qiyam al-Layl refers to any voluntary prayer performed at night, including Tarawih.
● Tahajjud specifically refers to voluntary prayer performed at night after waking up from sleep.
Glad tidings to those who combine both, as numerous Quranic verses and hadiths mention their virtues.
Allah Almighty says {what means}: "And rise from thy sleep and pray during part of the night [as well], as a free offering from thee, and thy Sustainer may well raise thee to a glorious station [in the life to come." [Al-Isra`/79]
The Prophetﷺ said: "Whoever stands (in prayer) during Ramadan with faith and seeking reward, all their past sins will be forgiven." [Agreed upon]

Is Zakah (obligatory charity) due on the items used in the trading process such as: cars , shops etc..?

No Zakah is due on equipments used in the trading process such as cars and the like.

What is the ruling on using a miswak (tooth-stick) during the day in Ramadan?

It is permissible to use a miswak before noon while fasting. However, according to the Shafi'i school, it is disliked (makruh) after noon in order to preserve the natural effect of fasting in the mouth, as the Prophetﷺ said in authentic hadith:
"The breath of a fasting person is more pleasant to Allah than the fragrance of musk."

Is it permissible to pay the Zakah (obligatory charity) for settling the debt of a deceased relative?

It is impermissible to pay the Zakah for settling the debt of the deceased since Zakah is paid to eligible recipients who are alive. As for the debts of the deceased, they are to be settled from the estate before dividing it amongst the heirs, but if the deceased didn`t leave an estate, then it is desirable for his/her heirs to settle those debts if they can afford them. And Allah Knows Best.

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