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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 dry ablution (tayammum) instead of the ritual bath due to severe cold?

Whoever is sick such that he cannot use water, or finds the water cold and heating it is not possible, and the person would be harmed by using cold water, it is permissible for him to perform tayammum. He must make up what he prayed with tayammum, because this is a place where there is water. And Allah the Almighty 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 of Islamic Law on opening an account in a commercial bank in order to deposit a sum and use it for personal purposes, such as transfers and electronic payments?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is forbidden for a Muslim, if he has a choice, to open an account in an interest-based (ribawī) bank, even if the account earns no interest, because doing so assists in ribā, based on the saying of Allah the Exalted (which means): “And cooperate in righteousness and piety, but do not cooperate in sin and aggression.” [al-Māʾidah/2]
This is because such banks invest deposited funds in forbidden ribā-based transactions, and depositing with them is therefore a form of assisting them in what is unlawful. Assisting in what is unlawful is prohibited by the Sharīʿah. However, if there is a pressing need to open an account in an interest-based bank and it is not possible to open one in an Islamic bank, there is no objection to doing so.
The ruling on bank interest and the prizes distributed by interest-based banks was previously explained in Fatwa no. (471). And Allah Almighty knows best.

Is a woman sinful if she fasts out of shyness from her family while menstruating or in postnatal bleeding?

It is forbidden for a woman who is menstruating or in postnatal bleeding to abstain from food and drink with the intention of fasting. If she fasts out of shyness, she is sinful, as her fast is not valid.
However, if she refrains from eating and drinking without intending to fast, it is not forbidden, but she unnecessarily burdens herself without need.

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