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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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 Islamic ruling regarding a person finding buried treasure, whether gold or artifacts, and what is their share of it?

If the buried treasure is Islamic, it is considered Luqta (lost property), and the finder must announce it to locate its owner. If all efforts to find the owner fail, the finder may take ownership of it. If the treasure is non-Islamic and consists of gold or silver, zakat must be paid on it, which is one-fifth of its value. And Allah Knows Best.

Is the Central Bank of Jordan considered of the Commercial Banks?

Yes, since the Central Bank involves with usury.

Is it permissible to divide the Aqeeqah amongst one`s brothers and family?

Giving a portion of the Aqeeqah, even a small one, to the poor and needy is obligatory, and if one`s brothers and family are among the needy then, they are more entitled to it, and this way it is a charity and an observation of kinship ties. However, if they aren`t needy then, it is permissible to give them from the Aqeeqah after giving the poor and needy their share.

What is the ruling on paying a sum of money to Saudi citizen in return of having Saudi residence? It is worth noting that this transation is labelled as a "worker's visa" but I am not going to work as such only to facilitate having it?

Allah The Almighty Says (What means): "O you who have believed, fear Allah and be with the truthful" [At-Tawbah/119]. False statements contradict truthfulness, and it is not permissible to write them. A Muslim has the right to live in any Islamic country, and those who prevent him will be accountable before Allah about their action and the justification for the prohibition. And Allah Knows Best.

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