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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 semi-circular structure attached to the Holy Kabah?

The semi-circular structure attached to the Holy Kabah is Hijr Al-Kabah (is a low wall originally part of the Kabah) and passing behind it is an obligation while making Tawaf because it is a part of the Holy Kabah. And Allah Knows Best.

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

Is a person who is in a state of Janabah (major ritual impurity due to having a marital intercourse, ejaculation, menstruation, and post-delivery impurities) sinful if he/she goes about his/her daily life activities in that state i.e. without making Ghusl (ritual bath)?

It goes without saying that a Muslim should always be in a state of ritual purity so as to be able to perform prayers and recite Quran. It is from Sunnah (Prophetic tradition) that a Muslim hastens to make Ghusl from Janabah, but he/she is not sinful in case he/she delayed that provided that he/she doesn`t miss prayers. However, it is permissible for him/her to go about their daily activities while in a state of Janabah, but had better bathe in order not to miss any prayer.

Does burping (belching) break the fast?

Burping does not break the fast. However, if anything comes up from the stomach, the fasting person must spit it out and rinse their mouth to cleanse it.
If they swallow it intentionally while being able to expel it, or if they swallow their saliva before rinsing their mouth, their fast is invalidated.

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