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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

 have an amount of 2,700 Jordanian dinars, which I have invested in a project, and I pay zakat on it every year. However, I have debts and obligations, and this project yields only a profit of about 2-4%. My salary is not enough to support myself and my family to the extent that I cannot pay the electricity bills. Is it permissible for me to take from the above Zakat?
 

You permitted to take from your Zakat since your income insufficient for you, because the poor is permitted to take from the Zakat in general, besides; the poor is identified of whose income doesn't suffice him. And Allah Knows Best.

An Arab young man had an illegitimate sexual relationship with a Christian American while she was staying in one of the Arab countries. After she returned to America, she told him that she had doubts that she was impregnated by him. It is worth pointing that it is hard for him to get a visa to the USA. What is the ruling of Sharia on this?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Zina (Adultery and extramarital relations) is one of the grave sins that incur the wrath of Allah if the adulterer didn`t make immediate repentance. However, the child isn`t attributed to the adulterer. Rather, he/she is attributed to the woman who got pregnant by him and, according to Sharia, it isn`t considered a legitimate child of the adulterer. And Allah The Almighty Knows Best.

I work in an accounting and auditing office, and among the clients of the office are restaurants, hotels, and supermarkets that sell alcohol. Our work is limited to collecting invoices, whether purchases, sales, or expenses, and recording them in daily books. We also review income and sales taxes on behalf of these clients.

You are more knowledgeable about the nature of your work. If you see it as assisting in wrongdoing, then it is forbidden, as Allah The Exalted Says (What means): "And cooperate in righteousness and piety, but do not cooperate in sin and aggression" [Al-Ma’idah/2]. However, if your work is merely documenting the reality, then I hope there is no sin upon you. The the pious predecessors (Salaf) used to take the tithe from the traders of the People of the Book, even if it included alcohol, after knowing the value of their goods. And Allah The Almighty Knows Best.

I`m a university student. While I was sitting for an exam, the professor caught my fellow student cheating. I heard him telling her to hide the dossier. After the exam, he asked me to testify that I saw her cheating although I heard him telling her to hide the dossier but didn`t see her cheating. What is the ruling of Sharia on this?

All perfect praise be to Allah the Lord of The Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It was narrated that the Prophet (PBUH) said to a man: "Do you see the sun?" He replied: "Yes." He said: "Give witness in a similar case [which is as clear as the sun], or leave it." [Reported by Al-Baihaqhi in "Sho`ab Al-Eman" pp.10964]. Therefore, it is not permissible to testify about something that you haven`t actually seen. And Allah The Almighty Knows Best.

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