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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 on forgoing the sacrifice (uḍḥiyah) for one who is financially able to offer it?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
It is disliked (makrūh) for one for whom the uḍḥiyah (sacrifice) is recommended (Sunnah) to forgo offering it, on account of the scholarly disagreement regarding whether it is obligatory. And Allah, the Most High, knows best.

Is it incumbent on a husband to pay the alimony of his wife if she had left him and stayed at her parent`s without his permission?

When a wife leaves her house, and stays at her parent`s without asking her husband, she is considered a Nashiz (wife who refuses to abide by her husband’s orders), and so she doesn`t deserve an alimony.

Is a woman`s prayer considered invalid if non-Mahrams (marriageable men) saw her offering it?

A woman`s prayer isn`t invalidated if non-Mahrams saw her offering it, but she had better pray in isolation.

How is the niṣāb (minimum threshold) of gold calculated when one owns gold of multiple different karats?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh is obligatory on cash and on gold designated for saving or for trade, provided the total reaches the niṣāb (minimum threshold liable for Zakah), and a full ḥawl (lunar year) has elapsed over it. The niṣāb is (85) grams of 24-karat gold; for 21-karat gold, the niṣāb equals (97) grams; and for 18-karat gold, it equals (113) grams.
If one owns gold of multiple different karats, the person paying zakāh should calculate the monetary value of all the gold he owns, combining these values together to determine whether the total reaches the niṣāb. He then pays zakāh on this combined monetary value, once the total reaches the niṣāb. The relied-upon position is to calculate the zakāh based on the buying price [i.e., the price the gold merchant would pay the owner to purchase the gold from him] on the day the zakāh obligation is due. And Allah, the Exalted, knows best.

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