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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 congregational prayer performed outside the mosque, and is it a condition that it be performed in a mosque in order to attain the full reward?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is not a condition for attaining the reward of congregational prayer that it be performed in a mosque; however, a Muslim should still be keen to perform his prayers in the mosque, so as not to miss out on immense reward. This is due to the virtue of the mosque and of spending time there (i‘tikāf), the typically larger number of worshippers present, and the additional reward gained through walking to and from the mosque. On the authority of Abū Hurayrah (raḍiyallāhu ‘anh), the Messenger of Allah ﷺ said: "Whoever purifies himself in his house, then walks to one of the houses of Allah to fulfill one of the obligations Allah has prescribed, one of his steps will erase a sin, and the other will raise him a degree [in status]." (Related by Muslim)
Whoever misses congregational prayer at the mosque should still strive to pray in congregation at his workplace, or together with the members of his household. And Allah, the Exalted, knows best.

Is it permissible for a woman to ride a taxi without a Mahram (unmarriageable kin) in order to attend a gathering of knowledge?

It is permissible for the woman to pursue the knowledge that she needs in order to perform the religious requirements due on her if there was nobody to teach her at home, provided that there is no temptation involved. Moreover, we don`t recommend that she rides a taxi without a Mahram although such an act isn`t from the forbidden Khulwah (seclusion).

Does passing wind from the anus affect ritual purity?

Ablution is nullified by the passing of wind from the anus, but washing the anus is not required as wind leaves no impurity.

Is it permissible to offer prayer at home, or should it be offered in the mosque?

All perfect praise be to Allah, The Lord of The Worlds.                                                                                                                                                                      It isn`t preferable for the man to pray at home as praying in the mosque is twenty seven times more rewarding. Therefore, this should motivate him to offer prayers in the mosque. And Allah Knows Best.

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