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

How do I deal with whispers (waswasa) in ablution and purification?

Whispers in ablution are from Satan, and the Muslim should not pay attention to them. He is not required to re-perform ablution or repeat washing a limb because of waswasa. He should always base his purification on its being valid. It is recommended for him to frequently say "La ilaha illa Allah" (There is no god but Allah), because Satan recoils when Allah is mentioned. And Allah the Almighty knows best.

What is the ruling on someone who fasts but does not pray?

A Muslim must be diligent in fulfilling all obligations, and after the Shahadah, prayer is the most important duty.
● If someone abandons prayer out of disregard, they are considered a disbeliever, and their fasting is not accepted.
● If they abandon prayer out of laziness, they are still a Muslim, and their fasting remains valid, but they have committed a grave sin by neglecting prayer.

What is the ruling of Islamic Law on participating in the prize draws (raffles) that commercial stores hold for their customers?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
There is no objection to participating in the prize draws (raffles) that commercial stores hold for their customers, provided that the buyer's intention in purchasing is not merely to enter the competition without any need for what is bought — rather, the purchase must be genuinely intended for the item itself, and one must not pay more than the item's fair market price. This is because paying an amount above the market price would effectively be paying a fee to enter the prize draw, which would render it a form of gambling (qimār).
These prizes are, in essence, gifts that businesses offer through a random drawing (qur'ah) to those who purchase from them, as a means of encouraging sales, without the customer bearing any additional monetary cost for participation. So long as the aforementioned conditions are met, there is no objection to benefiting from the prize offered by the store, as it is considered a lawful prize from the viewpoint of Islamic Law.
It is stated in the resolutions of the "Jordanian Iftaa' Board" (Resolution No. 47), in the context of outlining the conditions for permissible prizes: "The price of the ticket [or item purchased] for the sake of the prize must not exceed its original price, so that there is no payment of money in exchange for participation in the draw." And Allah, the Most High, knows best.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.