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Resolutions of Iftaa' Board

Resolution No. (288): "Allocating a Portion of Waqf Programs` Funds for the Waqf Administrator"

Date Added : 24-06-2020

Resolution No. (288) (8/2020) by the Board of Iftaa`, Research and Islamic Studies:

"Allocating a Portion of Waqf Programs` Funds for the Waqf Administrator"

Date: (24/Ramadan/1441 A.H), corresponding to (17/5/2020 A.D)

 

Praise be to Allah, the Lord of the Worlds; may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

At its session on 24 of Ramadan 1441A.H (17 May 2020 A.D), the Board considered the letter of His Excellency Minister of Awqaf and Islamic Affairs Dr.Mohammad AlKhalayleh. It included the following:  The Ministry plans to grant scholarships at public Jordanian universities to the children of Imams and other workers of the Ministry where (50) scholarships are to be granted per year in various departments. This is of course in accordance with specific regulations issued to this end and in which it is stipulated that the tuition costs will be provided for from the funds of Waqf programs (Educational Waqf Programs) at public universities in cooperation with the Royal Hashemite Court. It is worth pointing that these staff members are in dire need for these scholarships and receive nothing from the funds of the Waqf programs. Could Your Grace clarify the ruling of Sharia on this matter?

After careful consideration, the Board decided the following:

There is nothing wrong with allocating a portion of the Waqf programs' funds for the General Administrator of the Waqf; the Ministry of Awqaf and Islamic Affairs within the framework of a special system issued by the Ministry to this end and in line with achieving the intended aim. This is based on the view of the majority of scholars who deemed allocating a portion of the Waqf revenues for the Waqf Administrator permissible. And Allah The Almighty Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mohammad al-Khalayleh

Dr. Mahmoud al-Sartawi, Member

Sheikh Sa`eid Al-Hijjawi, Member

Dr. Majed al-Darawsheh, Member

Judge Khalid Woraikat, Member

Prof. Adam Nooh Al-Qhodaat, Member

Dr. Jamil Khatatbeh, Member

Dr. Amjad Rasheed/Member

Dr. Ahmad al-Hasanat, Member

Dr. Mohammad Al-Zou`bi/ Member

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Summarized Fatawaa

What is the ruling of Islamic Law on performing ṭawāf on the upper floors of al-Masjid al-Ḥarām, given that these floors are situated above the level of the Ka‘bah, and that the one performing ṭawāf passes by certain barriers, such as pillars and walls, during the ṭawāf?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
There are numerous conditions for the validity of ṭawāf (circumambulation around the Ka‘bah), among them: that the one performing ṭawāf be inside the Masjid (al-Masjid al-Ḥarām) — even if the Masjid has been expanded, so long as the expansion does not extend out into al-ḥill (land outside the sanctuary boundaries). It suffices for the ṭawāf to be performed in the airspace of the Masjid or upon its roof, even if that roof is higher than the Ka‘bah (the House) itself.
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It [ṭawāf] is valid upon the roof of the Masjid, even if the roof of the Masjid is higher than the House — just as prayer [is valid] upon Mount Abū Qubays despite its elevation above the House. This is the relied-upon (mu‘tamad) position." [Mughnī al-Muḥtāj, Vol.2/P.246]
The validity of the tawaf isn`t affected by the pillars and walls standing between the one performing ṭawāf and the House, since the condition is only that the person performing ṭawāf be within the boundaries of the Masjid and outside the boundaries of the Ka‘bah itself.
Ash-Shirbīnī said: "It [ṭawāf] is valid inside the Masjid, even if it is expanded, and even if a barrier stands between the one circumambulating and the House — such as a water-supply structure (saqāyah) or pillars (sawārī)." [Mughnī al-Muḥtāj, Vol. 2/P.246]
Accordingly, ṭawāf performed on the upper floors is valid, and the presence of barriers such as pillars and walls during the ṭawāf does not affect its validity. And Allah, the Exalted, knows best.

Does using a respiratory device (oxygen) affect the validity of fasting?

Using an oxygen device does not affect the validity of fasting because oxygen is a gas with no physical substance.
However, if medicinal substances with physical particles are added to the oxygen, its use would break the fast, as it enters the body cavity through a natural passage.

 
What is the ruling on someone who eats or drinks thinking that the sun has set, then realizes that it has not yet set?

Whoever eats or drinks believing that the sun has set, then later discovers that it has not yet set, their fast is invalid, and they must make up that day after Ramadan. It is not permissible to break the fast before confirming sunset—either by seeing it, through personal reasoning, or by relying on the statement of someone trustworthy in their religious commitment.

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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