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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

Must a woman seek her husband's permission to fast a make up fast (qada)?

● If there is ample time to make up for the missed fasts, a woman should seek her husband's permission before fasting.
● However, if the time is running out—such as when only the remaining days of Sha'ban are sufficient to complete the qada—she does not need his permission and must fast, because Allah’s command takes precedence over the husband's consent.

What should someone do if they fasted for 30 days in their country, then traveled to a place where people are still fasting?

If a person completes 30 days of fasting in their country and then travels to another country where people are still fasting, they should continue fasting with them until they observe Eid. Even if they have already completed 30 days, he/she should abstain from eating and drinking and join the people of that country because he/she has now become part of that community.

What is the ruling on the ablution of one who washes his arms from the wrist to the elbows?

In the school of Imam al-Shafi'i (may Allah have mercy on him), washing the arms (hands) is achieved by washing the arms completely, from the fingertips to the elbows. Washing only the palms at the beginning is insufficient, as washing them at the beginning is a Sunnah, but after washing the face, it becomes obligatory (fard). The person performing ablution must wash his palms along with the arms after washing the face. If he does not wash his palms, his ablution is invalid and not correct. And Allah the Almighty knows best.

What is the ruling on one who vows to fast a specific or non-specific year? Are the two Eids, the days of Tashreeq, Ramadan, and the days of menstruation and postnatal bleeding included in them? And do these days break the consecutiveness if it was intended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone makes a vow (Nadr) to fast a specific, designated year, this vow does not include the days of Eid, the days of Tashreeq (the three days following Eid al-Adha), Ramadan, or the days of menstruation (Hayd) and postnatal bleeding (Nifas). Furthermore, there is no requirement to make up (Qada) these specific days.
 
However, if someone vows to fast a year that is not specifically designated (i.e., any twelve-month period) and stipulates that the fasting must be consecutive, they are bound by that condition. They must not fast on the days of Eid, during Ramadan, or during menstruation, but they are required to make up these days afterward—with the exception of the days of menstruation and postnatal bleeding, which do not need to be made up.
 
It is stated in Hashiyat al-Bajuri ‘ala Sharh Ibn Qasim ({Vol.2/P.606): 'If one vows to fast a specific year, the Eid, Tashreeq, Ramadan, and days of menstruation or postnatal bleeding are not included. This is because Ramadan does not accept any fast other than its own, and the others do not accept fasting at all. Therefore, they do not enter into the vow, and no makeup is required for them because they are legally excluded—contrary to Al-Rafi’i regarding menstruation and postnatal bleeding.
 
If one vows to fast a non-designated year: if they stipulated consecutiveness (Tatuabu’) in their vow, they must fulfill it; otherwise, they are not bound to it. Consecutiveness is not broken by the days that do not enter into the specific year vow (Eid, Tashreeq, Ramadan, menstruation, and postnatal bleeding). However, one must make up the days missed—excluding the time of menstruation and postnatal bleeding—immediately following the end of the year. As for the time of menstruation and postnatal bleeding, it is not made up, contrary to Ibn al-Rif’ah, who argued that it must be made up just like Ramadan.' And Allah the Exalted knows best.

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