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Resolutions of Iftaa' Board

Resolution No.(279): "Ruling on Using a Mosque`s Hall on Religious and Social Occasions"

Date Added : 26-05-2019

Resolution No.(279)(13/2019), By The Board of Iftaa', Researches and Islamic Studies:

"Ruling on Using a Mosque`s Hall on Religious and Social Occasions"

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.(4/2/3/2484) sent from His excellency Minister of Awqaf and Islamic Affairs Dr. Abdulnaser Abu Al-Basal, and reads as follows: I have enclosed a copy of the Awqaf Council`s resolution No.(3/16/2018), (31/12/2018) which asks for clarifying the ruling of Sharia on using the hall of late Ali Wadi`s mosque`s in Salhoob town, by the mosque`s committee, for paying condolences upon someone`s death, delivering religious lessons and lectures.

After deliberating, the Board arrived at the following decision:

Empty extra halls of a mosque are of two types:

First: If the creator of the endowment (Donor) stipulated using the hall annexed to the mosque for paying condolences, in case of someone`s death, and in accordance with teachings of Sharia, then that is permissible, because the stipulation of the donor has the same binding force as the text of Sharia. In other words, he has endowed this hall for social solidarity during hard times.

Second: If the creator of the Waqf didn`t make any stipulation regarding this hall, attention should be given to the following:

If the land was endowed by a public or a private party and the donor is alive, then there is no harm in using the hall for paying condolences. This of course after obtaining the permission of the donor and the Ministry of Awqaf in its capacity as administrator of the Waqf (Endowment), and to the extent which achieves benefit and facilitates for the people.

However, if the donor was dead, then the decision is up to the Waqf administrator, the Ministry of Awqaf, and to the extent that achieves benefit and facilitates for the people. 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

Is it permissible for me to eat from the animal that I slaughtered for Allah to protect my family?

It is permissible to eat from the non-vowed animal sacrifice, and the person is rewarded based on the amount of meat that he had given to the poor. However, there is no evidence in Islamic Sharia indicating that slaughtering an animal protects one`s family, but it is a way for thanking Allah, The Almighty, for his grace.

I broke my oath and am now obligated to pay the expiation for a broken oath (kaffārat al-yamīn). Would it be valid to fulfill this by inviting the poor and needy to a meal for them to eat from?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
The expiation for a broken oath (kaffārat al-yamīn) is given to the poor (fuqarā') and needy (masākīn), and it must be given in the form of ownership (tamlīk) transferred to them of the required amount — namely, one mudd of the staple food of the locality, or its equivalent monetary value. It isn`t valid to invite the poor or needy to a meal prepared for them to eat from, as this does not constitute "ownership" (tamlīk) but merely "permission to partake" (ibāḥah).
Imam al-Shirbīnī (may Allah have mercy on him) said: "What is intended is that ownership be transferred to them; therefore, providing them with lunch or dinner [as a meal to eat from] isn`t valid." [Summarized from Mughnī al-Muhtāj,Vol. 5/P.50]. And Allah the Almighty knows best.

 
Are the mother's maternal and paternal uncles, and the father's maternal and paternal uncles, considered among the unmarriageable kin (Maharim)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
A mother’s maternal uncle and her paternal uncle, as well as a father’s maternal uncle and his paternal uncle, are all considered among the unmarriageable kin (Maharim). And Allah the Exalted knows best.

Is it acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid. And Allah the Almighty knows best.

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