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Resolutions of Iftaa' Board

Resolution No. (272): "Tonaib Village Graveyard"

Date Added : 18-03-2019

Resolution No. (272)(5/2019), By The Board of Iftaa', Researches and Islamic Studies:

"Tonaib Village Graveyard"

Date: (30/Jumada Al-Akhirah/1440 AH), corresponding to (7/3/2019).

 

Praise be to Allah, the Lord of the Worlds.

During its third session held on the above date, the Board reviewed the letter of His Excellency the Minister of Awqaf, Islamic Affairs and Holy Sites (No.4/6/273041, dated 25/11/2018), in which it was referred to the resolution of the Awqaf Council (No.4/11/2018, dated 12/8/2018). The latter pertained to giving back a portion of the registered shares of plot No.(5)/(3), Tonaib village, which is registered in the name of the public trustee of the Waqf the Ministry of Awqaf, Islamic Affairs and Holy Sites. Could Your Grace discuss this matter with the concerned parties to deliver the ruling of Sharia regarding it? Knowing that this whole plot of land was registered as a graveyard by virtue of Awqaf Law No.(32)/2001. Kindly see enclosed copy of the above resolution.

After deliberating, the Board arrived at the following decision:

The rules of Shraia require that the Ministry of Awqaf draw a distinction between two cases:

First: If the Waqif (Endower) has registered his land by virtue of an official document, then the Ministry shall take charge of the whole plot in line with the conditions of the Waqif.

Second: If the land wasn`t registered as an endowment, and still people were buried in it, in this case, it isn`t permissible to register it in the name of the public trustee (Ministry of Awqaf). However, the Ministry can register-according to its regulations-the part in which people were buried; to the exclusion of the rest of that land, since, in principle, the base rule is to keep all what had appeared on what they had appeared. The area in which no burial took place isn`t endowed. Therefore, it doesn`t remain under the supervision of the Ministry of Awqaf, and thus it must be given back to its original owner. And Allah the Almighty Knows Best.

 

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 {have a reservation on the fourth standard}.

Judge. Khaled Al-Worikat/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Al-Zou`bi/ Member

Dr. Rashaad Al-Kilani/Member

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Summarized Fatawaa

What is the ruling of Islamic Law on a father shaking hands with his son’s wife after she has been divorced three times?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The wife of one’s son is among the women permanently prohibited to the husband’s father as soon as the marriage contract  is concluded, based on the saying of Allah the Exalted: “Prohibited to you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, your brother’s daughters, your sister’s daughters, your foster mothers, your foster sisters, your wives’ mothers, and your stepdaughters under your guardianship [born] of your wives with whom you have consummated marriage. But if you have not consummated marriage with them, there is no sin upon you. [Also prohibited are] the wives of your sons who are from your loins, and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful.” [al-Nisāʾ/23]
This prohibition begins once the son’s marriage contract with his wife is complete, and it remains in force even if the son separates from her before consummation or before any seclusion (khalwah) with her. It is therefore permissible for the father to shake her hand and to be alone with her, provided there is no fitnah (temptation) and no suspicion.
It is stated in ʿUmdat al-Sālik (p. 204): “It is forbidden to marry… the wives of one’s fathers and of one’s sons. All of these women become prohibited by the mere contract, … all of that being a permanent prohibition.” End quote, with slight adaptation. And Allah Almighty knows best.

The imam recited a verse containing a prostration of recitation (*sajdat al-tilāwah*) but did not prostrate. After the imam's *salām*, a follower (*maʾmūm*) performed a prostration of forgetfulness (*sujūd al-sahw*) because the imam had not performed the prostration of recitation. Is it permissible to go against the imam in this way?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
There is no sin on the imam if he omits the prostration of recitation (sujūd al-tilāwah), even deliberately. The maʾmūm (the one following the imam) is obliged to follow the imam in the prayer, so if the imam does not perform the prostration of recitation, it is not permissible for the follower to prostrate, because the imam is appointed only to be followed.
If the follower introduces a prostration after the imam’s salām but before his own salām, in a case where there is no prostration of forgetfulness (sujūd al-sahw), his prayer is invalidated if he knew it to be prohibited. Otherwise, he is excused on account of his ignorance and his prayer is not invalidated.
It is stated in Ḥāshiyat al-Imām al-Jamal ʿalā Fatḥ al-Wahhāb: “His statement: ‘So the omission of the hayʾāt (the non-essential sunnahs of the prayer) is not compensated for by prostration; if one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to his ignorance.’”
Since this issue is one that is hidden from the laymen, as it is among the subtleties of knowledge, and the laymen are excused for ignorance of whatever is of such a nature, and their act of obedience is not invalidated because of it, it may be said that the prayer of one who has not acquired knowledge of this issue is not invalidated, with the necessity of learning the rulings remaining. As for after knowing it, the prayer is invalidated. And Allah Almighty knows best.

What are the conditions governing the portion that must be distributed to the poor from a voluntary uḍḥiyyah (sacrificial offering)?

 
 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The following conditions apply to the portion distributed to the poor from the sacrificial animal:
First: It must be meat — it isn`t valid to give the poor organs or offal such as the liver.
Second: It must be given raw — cooked meat does not fulfil the requirement.
Third: It must amount to no less than half a kilogram. And Allah Almighty knows best.

What is the ruling on reciting the takbīr from Sūrat aḍ-Ḍuḥā to Sūrat an-Nās upon completing the recitation of the Qur'an (khatm)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is recommended to recite the takbīr from the beginning of Sūrat aḍ-Ḍuḥā through to the end of Sūrat an-Nās, and this is the recitation practice of the people of Makkah.
It is stated in Nihāyat az-Zayn (p. 65): "It is sunnah to begin each sūrah with the basmalah, since it constitutes a verse of it. It is also sunnah to say, before each sūrah — from aḍ-Ḍuḥā to the end of the Qur'an — 'Lā ilāha illallāh, wallāhu akbar' (There is no god but Allah, and Allah is the Greatest), based on what has been narrated regarding Imam ash-Shāfi‘ī (raḍiyallāhu ‘anh), who heard a man reciting this takbīr in prayer, and said to him: 'You have done well, and you have hit upon the sunnah.'"
And Allah, the Exalted, knows best.

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