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Resolutions of Iftaa' Board

Resolution No.(243): "Ruling on Renting a Piece of Land to Build a Masjid on it"

Date Added : 09-06-2020

Resolution No.(243)(12/2017) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Renting a Piece of Land to Build a Masjid on it"

Date: 15/Moharam/1439 AH, corresponding to 5/10/2017 AD.

 

All perfect praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.

During its eleventh session held on the above date, the Board reviewed the letter sent from His Excellency Minister of Awqaf and Islamic Affairs, Dr. Wa`elArabiat, and it read as follows:

Residents of Al-Zira` neighborhood (Hai Nazal area) submitted a request for building a Masjid on a piece of land owned by Amman`s Municipality. The Ministry asked the Municipality to facilitate that end, but the latter stipulated receiving  one hundred Dinars as an annual rent, over a period of twenty years. See enclosed contract. Could your Grace clarify the ruling of Sharia on that?

Answer:

After deliberating, the Board decided that renting the above land from Amman`s Municipality to build a Masjid on it is permissible. And Allah Knows Best.

 

Chair  of Iftaa` Board

Grand Mufti of Jordan, Dr. Mohammad Al-Khalayleh

Vice chair of Iftaa` Board, Sheikh AbdulKareem al-Khasawneh

                                   Prof. AbdulnaserabulBasal, Member                     

         Prof. Abdullah al-Fawaz/ Member

Dr. Wa`elArabiat, Member   

                Dr. Mohammad Khair al-Esa, Member

    Dr. Majid Darawsheh, Member

    Sheikh Sa`eidHijjawi, Member

      Dr. Ahmad al-Hasanat, Member

        Dr. Mohammad al-Zo`bi, Memebr

 

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Summarized Fatawaa

What is the ruling on doubting whether one or two prostrations were performed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a worshiper is in doubt regarding the number of units (rak'ahs) or prostrations (sajdahs) performed, he must build upon the minimum (i.e., assume the lower number) and perform the prostration of forgetfulness (Sujud al-Sahw) before the Salam at the end of the prayer. This is based on the report from ‘Ata’ ibn Yasar that the Messenger of Allah ﷺ said: 'When anyone of you is in doubt about his Salat (prayer) and does not know how many he has prayed, three or four (Rak'at) he should cast aside his doubt and base his prayer on what he is sure of. Then, he should perform two prostrations before Taslim (salutation). If he has prayed five Rak'at, they will make his Salat (prayer) an even number for him and if he has prayed exactly four, they (i.e. two prostrations) will be humiliation for the devil..' (Narrated by Abu Dawud).
 
It is stated in Al-Muqaddimah al-Hadramiyyah: 'If one doubts [whether he performed] a bowing (ruku’), a prostration, or a rak'ah, he must perform it and prostrate [for forgetfulness], even if the doubt is removed before the Salam—unless the doubt is removed before he performs what would potentially be an addition. Thus, if he doubts whether he prayed three or four, he is obligated to build upon the minimum.' And Allah the Exalted knows best.

How to perform the witr prayer in terms of connection (wasl) and separation (fasl)?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Witr prayer has several forms that vary in terms of virtue:
 
The First Form: Separating every two units (rak‘ah) with a Tashahhud and a Taslim (salutation). This is superior to connecting the units, even if it is only a single rak‘ah. This is based on the Hadith of ‘Aishah (may Allah be pleased with her): 'The Messenger of Allah ﷺ used to pray eleven units between the end of the ‘Isha prayer and dawn, performing the Taslim after every two units and performing Witr with a single unit.' (Related by al-Bukhari & Muslim).
 
The Second Form: Connecting the units with only one final Tashahhud at the very end.
 
The Third Form: Connecting with two Tashahhuds—meaning reciting the Tashahhud before the final unit without performing the Taslim, then standing to complete the final unit. This form is considered the lowest in rank so that the Witr prayer remains distinct from the obligatory Maghrib prayer, as stated in the Hadith: 'Do not make the Witr resemble the Maghrib prayer.' (Narrated by Al-Daraqutni, who stated its narrators are trustworthy).
 
It is stated in Bushra al-Karim Sharh al-Muqaddimah al-Hadramiyyah: 'It is permissible to connect [the Witr] with one Tashahhud in the final unit—which is better—or with two Tashahhuds in the last two units, as both methods are established in Sahih Muslim from the actions of the Prophet ﷺ. In the connected method, more than two Tashahhuds are prohibited. Furthermore, separating (al-Fasl) is better than connecting (al-Wasl) if the number of units is the same, because the Hadiths supporting it are more numerous and it involves more devotional actions.' And Allah the Exalted knows best."

What is the ruling on a person in a state of major impurity (junub) walking or eating before performing the ritual bath?

It is from the Sunnah for a Muslim to hasten to perform the ritual bath for major impurity. However, if he delays it, he does not sin provided he does not miss the prayer. It is permissible for the junub to walk, eat, drink, and sleep. It is recommended for him to perform ablution before these actions to reduce the state of impurity, although the best is for him to perform the ritual bath. And Allah the Almighty knows best.

If a traveler settles or a sick person recovers while fasting, is it permissible for them to break their fast?

● If a sick person starts the day fasting and then recovers during the day, they must complete their fast.
● If a traveler starts the day fasting and then settles (returns or stops traveling) during the day, they must also complete their fast.
● It is forbidden for both of them to break their fast because the concession (rukhsah) is no longer valid once its reason disappears.

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