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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

Can someone who begins a voluntary fast break it?

It is preferable for someone who begins an act of worship not to break it.
Allah the Exalted has said {what means}: "and let not your [good] deeds come to nought!" [Muhammad/33].
However, if a person starts a voluntary fast (nafl) and needs to break it, they are going against what is preferable, but there is no sin upon them.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

Do pregnant and breastfeeding women have to fast?

Pregnant and breastfeeding women are required to fast. However, if fasting causes them harm or unusual hardship, they may break their fast but must make up for the missed days later.
If they break their fast solely out of fear for the fetus or the child, then they must both make up the fast and give fidyah (feeding a needy person for each missed day), as the benefit of breaking the fast was only for the child.

What is the ruling on giving Zakat al-Fitr in cash?

The default ruling is that Zakat al-Fitr should be given as the staple food of the land. In Jordan, for example, the staple food is wheat or rice, and the amount of Zakat al-Fitr is 2,500 grams per person. It is easy to give this amount of rice to the poor and needy, and this is the correct ruling according to all Islamic schools of thought.
However, Hanafi scholars have permitted giving Zakat al-Fitr as monetary value, considering it more beneficial for the poor and easier for the giver.

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