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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

Is it obligatory to have the intention for each day of fasting, or is one intention sufficient for the whole month?

The intention is obligatory for each day of Ramadan because each day is an independent act of worship separate from the others.
The intention must be made at night before the break of dawn, as the Prophetﷺ said: "Whoever does not intend fasting at night, there is no fast for him." [An-Nasa’i] 
And he also said: "Whoever does not firmly resolve to fast before dawn, there is no fast for him." [At-Tirmidhi, Abu Dawood, and An-Nasa’i]
Whoever wakes up and eats Suhoor while mindful of fasting has made the intention. Likewise, one who firmly intends at any moment during the night to fast the next day has also fulfilled the intention.

Is it permissible for someone with a physically demanding job, such as a baker or construction worker, to break their fast?

It is not permissible for someone with a physically demanding job to start the day intending to break their fast. They must make the intention to fast at night and begin fasting. However, if they reach a point where fasting becomes unbearably difficult, they may break their fast and make up for it later.

Is an animal that results from crossbreeding between two types of livestock (an'ām) valid [for sacrifice]?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
An animal that results from crossbreeding between two types of livestock (an'ām) is valid [for sacrifice], with consideration given to the higher of the two required ages. Thus, in the case of an animal crossbred between sheep (ḍa'n) and goats (ma'z), only one that has reached two years of age is valid [for sacrifice]. And Allah, the Most High, 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.

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