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Resolutions of Iftaa' Board

Resolution No.(277): "Ruling on Exploiting Endowed Land"

Date Added : 22-05-2019

Resolution No.(277)(11/2019), By The Board of Iftaa', Researches and Islamic Studies:

"Ruling on Exploiting Endowed Land"

Date: (11/ Ramadan/1440 AH), corresponding to (16/5/2019 AD).

 

All perfect praise be to Allah the Lord of the Worlds.

On its sixth session held on the above date, the Board reviewed the letter (4/2/3/2905) of His Excellency Minister of Awqaf, Dr. Abulbasal. It states that the endowed land No.(45) of Um Attieh area (59) in Salt city, estimated at (320 Meters), was donated in 2000 for the purpose of building a mosque. However, building the mosque on the above land became impossible because it violates the effective laws and regulations of constructing mosques, the endowed land itself is small and three mosques were built in the same area. Knowing that the above land is commercial, what is the ruling of Sharia on investing it in favor of endowment programs by building a small Musala on part of it instead of a mosque?

After deliberating, the Board arrived at the following decision:

According to scholars, it is allowed for the endowment (Waqf) administrator to take the necessary steps to achieve the interest expected from the Waqf and preserve its benefits. Ibn Qhodamah says: "If the Waqf was damaged and its benefits were stopped….for example, a mosque that people have deserted or was too small and impossible to expand, or was expanded to the extent that it became impossible to maintain save by selling part of it. In this case, it is permissible to sell part of it to maintain the rest." Moreover, if it wasn`t possible to benefit from it at all, then selling it is permissible. In a narration by Abi Dawoud, Ahmad said: "If there were two valuable pieces of wood in a mosque, then it is permissible to sell them in order to maintain the mosque." {Al-Moghni, vol.6/pp.28}.

In conclusion, it is permissible to invest the above land to achieve the purpose for which it was endowed without any stoppage or delay. This is provided that the revenue is spent in favor of the mosque itself since the stipulation of the endower has the same binding force as the text of Sharia. And Allah The Almighty Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Dr. Ahmad Al-Hasanat, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Mohammad Al-Zou`bi/ Member

Prof. Adam Nooh Al-Qhodaat/Member

Prof. Abdullah al-Fawaaz/Member

Dr Mohammad Khair al-Esa/Member

Dr. Rashaad Al-Kelaani/Member

 

 

 

 

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Summarized Fatawaa

What is the ruling on Jumu‘ah (Friday) prayer for a traveler, and what are the conditions for it to be waived from him?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Jumu‘ah (Friday) prayer is not obligatory upon a traveler, whether on a long or short journey, provided that — according to the Shāfi‘ī school — he departs from his place of residence before the time for Fajr prayer begins, and that he does not intend to stay in the place he travels to for four days or more, excluding the day of arrival and the day of departure. If he intends to stay longer than that, he may not make use of the travel concession simply by arriving in that town. If he begins his journey after the adhān for Fajr has already been called, then Jumu‘ah prayer remains obligatory upon him, whether in his own town or in any town where Jumu‘ah is being held.
It is stated in Bushrā al-Karīm (Vol.1/p.383), from the books of the Shāfi‘ī school: "Jumu‘ah [prayer] is not obligatory upon a traveler on a permissible journey, whether long or short, if he departs from his place of residence before Fajr."
A "short journey" refers to travel covering a distance shorter than that of a long journey — that is, less than (81 km). The traveler begins to be entitled to travel concessions once he passes beyond the built-up limits of his town. And Allah, the Exalted, knows best.

When is supplication (du‘a) more likely to be accepted: before or after breaking the fast in Ramadan?

Du‘a is accepted at all times, and this is part of Allah’s mercy and generosity toward His servants.
The Prophet ﷺ said: "No Muslim makes a supplication that does not involve sin or severing family ties except that Allah grants them one of three things: either He grants their supplication immediately, or He stores it for them in the Hereafter, or He averts from them an equivalent harm." [Narrated by Ahmad]
However, in Ramadan, du‘a is especially likely to be accepted shortly before breaking the fast.
The Prophet ﷺ said: "Three supplications are never rejected: the supplication of a fasting person until they break their fast, the supplication of a just leader, and the supplication of an oppressed person. Allah raises it above the clouds, opens the gates of heaven for it, and says: ‘By My might, I will surely grant you victory, even if after a while.’" [Narrated by Al-Tirmidhi]

Must a woman seek her husband's permission to fast a make up fast (qada)?

● If there is ample time to make up for the missed fasts, a woman should seek her husband's permission before fasting.
● However, if the time is running out—such as when only the remaining days of Sha'ban are sufficient to complete the qada—she does not need his permission and must fast, because Allah’s command takes precedence over the husband's consent.

What is the ruling on doubting whether one or two prostrations were performed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a worshiper is in doubt regarding the number of units (rak'ahs) or prostrations (sajdahs) performed, he must build upon the minimum (i.e., assume the lower number) and perform the prostration of forgetfulness (Sujud al-Sahw) before the Salam at the end of the prayer. This is based on the report from ‘Ata’ ibn Yasar that the Messenger of Allah ﷺ said: 'When anyone of you is in doubt about his Salat (prayer) and does not know how many he has prayed, three or four (Rak'at) he should cast aside his doubt and base his prayer on what he is sure of. Then, he should perform two prostrations before Taslim (salutation). If he has prayed five Rak'at, they will make his Salat (prayer) an even number for him and if he has prayed exactly four, they (i.e. two prostrations) will be humiliation for the devil..' (Narrated by Abu Dawud).
 
It is stated in Al-Muqaddimah al-Hadramiyyah: 'If one doubts [whether he performed] a bowing (ruku’), a prostration, or a rak'ah, he must perform it and prostrate [for forgetfulness], even if the doubt is removed before the Salam—unless the doubt is removed before he performs what would potentially be an addition. Thus, if he doubts whether he prayed three or four, he is obligated to build upon the minimum.' And Allah the Exalted knows best.

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