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Resolutions of Iftaa' Board

Resolution No.(278): "Ruling on Renting a Mosque`s Mortuary"

Date Added : 22-05-2019

Resolution No.(278)(12/2019), By The Board of Iftaa',Researches and Islamic Studies:

 "Ruling on Renting a Mosque`s Mortuary"

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

 

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

During its sixth session held on the above date, the Board reviewed the letter No.(5/5/3/993) sent from His excellency Deputy Director of Awqaf Funds Development Department Dr. Abed Mahmoud Al-Smiraat, and reads as follows:

We would like to bring to Your Grace`s attention the fact that At-Tawbah Funeral Center has applied for renting Al-Ethar Mosque`s Mortuary in Hashmiah area, Zarka. Could you kindly clarify the ruling of Sharia on this?

After deliberating, the Board decided the following:

Endowment properties allocated for mosques should serve the purpose for which they were endowed in the first place without any financial investment returns from private companies. Therefore, the Board is of the view that it isn`t permissible to rent the above mortuary. Rather, it should remain as an endowment for the people to benefit from.  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

Dr. Majid Darawsheh/Member

 

 

 

 

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Summarized Fatawaa

What is the ruling on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.

Is it permissible for the wife to give the Zakah (obligatory charity) of her money to her poor husband?

Yes, it is permissible for the wife to give from the Zakah of her money to her poor husband. And Allah Knows Best.

Why was the exact date of Laylat al-Qadr concealed?

The wisdom behind this is to encourage Muslims to strive in worship throughout all the nights of Ramadan, or at least in the last ten nights. By doing so, they will earn the reward of observing Laylat al-Qadr as well as the reward of worshiping on other blessed nights.

Does undergoing surgery under anesthesia break the fast?

Anesthesia itself does not break the fast because anesthetic gases have no physical substance (jirm), and subcutaneous anesthesia injections do not reach the body cavity (jauf). However, this is on condition that the person is conscious at some point during the fasting hours:
● If they were awake at the beginning of the day, their fast remains valid.
● If they wake up even for a moment before sunset, their fast is also valid.
However, if the surgery involves the entry of foreign substances into the body cavity, their fast is invalidated, and they must make up for that day later.

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