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Resolutions of Iftaa' Board

Resolution No. (295) (15/2020): "Ruling on Investing Part of an Endowed Land Unsuitable as Burial Ground

Date Added : 27-12-2020

Resolution No. (295) (15/2020): "Ruling on Investing Part of an Endowed Land which is Unsuitable as Burial Ground"

Date: (16th of Rabi'ul-Akhir, 1442 AH), corresponding to (2/12/2020 AD).

 

 

All perfect 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.

In its 13nth meeting held on the above date, the Board reviewed the letter No. 4/6/2/13262 sent from His Excellency the former Minister of Awqaf, Holy Sites and Islamic Affairs Dr. Abdulnaser Abulbasal. It reads as follows: Is it possible to invest part of the endowed land No. (100)-(7-Al-Wid al-Gharbi of al-Hashimiyah lands) on which An-No`man Bin Miqrin`s Mosque and an ancient graveyard are established ? It is worth pointing out that the part intended for investment is rocky ground, doesn`t have graves, and is unsuitable for burial. Moreover, this part is around 1000 square meters, located in a residential area, surrounded by several streets, and outside the Mosque`s wall. In addition, the municipality has closed this graveyard because this part, being rocky ground, is unsuitable for burial.

After careful consideration, the Board has arrived at the following decision:

Since this endowed land serves the purpose for which it was endowed in the first place, which is establishing the Mosque and burying the dead, then it is permissible to invest the rocky part, which is unsuitable for burial, and use the revenue for the benefit expected from this Waqf (Endowment). In addition, Resolution No. (23/2014) issued by the Board of Iftaa`, Research and Islamic Studies contains this same content. And Allah The Almighty Knows Best.

 

 

 Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mohammad al-Khalaileh

Dr. Mahmoud al-Sartawi, Member

Sheikh Sa`eid Al-Hijjawi, Member

Dr. Majed al-Darawsheh, Member

Dr. Ahmad al-Hasanat, Member

Judge Khalid Woraikat , Member 

Prof. Adam Nooh Al-Qhodaat/Member

Dr. Amjad Rasheed/Member

Dr. Jamil Khatatbeh/Member

Dr. Mohammad Younis Al-Zou`bi/ Member

 

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Summarized Fatawaa

What is the ruling on performing the Witr prayer as a single rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the Witr prayer as a single unit (rak‘ah). It was narrated from Ibn ‘Umar that a man asked the Messenger of Allah ﷺ about the night prayer, and the Messenger of Allah ﷺ replied: 'The night prayer is offered two by two (mathna mathna). If one of you fears the approach of dawn, let him pray a single rak‘ah to make what he has prayed odd-numbered (Witr) for him.' (Related by al-Bukhari & Muslim)). However, limiting the prayer to only one rak‘ah is considered 'contrary to the preferred way' (Khilaf al-Awla).
 
It is stated in Al-Minhaj al-Qawim Sharh al-Muqaddimah al-Hadramiyyah (p. 137): 'The minimum of Witr is one rak‘ah, but limiting it to that is contrary to what is best.'
 
The most complete form of Witr is eleven units, while the minimum level of 'perfection' is three units. It is stated in ‘Umdat al-Salik (p. 60): 'The minimum of Witr is one rak‘ah, and its maximum is eleven, performing the taslim (salutation) after every two units. The lowest level of perfection is three units with two separate taslims (meaning 2+1).' And Allah the Exalted knows best.

What is the ruling on a second congregation [being formed] in the mosque?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is disliked to deliberately seek to establish a second congregation in a mosque that is not one frequented by transient passersby — such as a neighborhood mosque with a regular, appointed imam — unless permission is granted by that imam, since doing so implies criticism and an affront to him. However, if the mosque is one frequented by transient passersby — such as mosques located in marketplaces — then a second or even third congregation is permissible there, whether or not it has a regular, appointed imam, and whether or not that imam gives his permission. This is because such mosques experience a continuous flow of people coming and going, so no implication of criticism toward the imam is perceived in the formation of multiple congregations in that setting. And Allah, the Exalted, knows best.

What are the Sunnahs and etiquettes related to the slaughtering of an animal?

 

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
1-Avoid terrifying the animal before it is slaughtered.
 
2-Do not slaughter the animal in front of others of its kind.
 
3-Offer water to the animal before the sacrifice.
 
4-Sharpen the knife thoroughly prior to slaughtering to ensure the cut is made as quickly and cleanly as possible. This is in accordance with the statement of our Master, the Prophet (peace and blessings be upon him): "Indeed, Allah, the Almighty and Majestic, has prescribed excellence (Ihsan) in all things. So when you kill, kill well; and when you slaughter, slaughter well. Let each of you sharpen his blade, and let him put his sacrificial animal at ease." (Narrated by Muslim)
 
Do not begin skinning the carcass until you are absolutely certain that the animal has completely passed away.
 
Slaughter cattle, sheep, and goats while they are lying down on their left side, facing the Qiblah (direction of prayer). Leave the right leg untied so the animal can move it, helping it rest more easily during its final moments. For camels, however, the preferred method (Nahr) is to slaughter them while they are standing up, with their left knee tied. And Allah the Almighty Knows Best.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

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