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Resolutions of Iftaa' Board

Resolution No.(296): "Using the Building of an Old Mosque by Zakah Committee"

Date Added : 04-01-2021

Resolution No.(296) (16/2020) By The Board of Iftaa', Researches and Islamic Studies:

"Using the Building of an Old Mosque by Zakah Committee"

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 of Iftaa` reviewed the letter No.4/2/3/1122 sent from His Excellency the Minister of Awqaf, Holy Sites and Islamic Affairs Dr. Mohammad Al-Khalayleh. It read as follows: What is the ruling of Sharia regarding the request made by Um Jozeh and 'Allan Zakah Committee to use the building of Um Jozeh Old Mosque, where prayers haven`t been offered for a very long time because the New Um Jozeh Mosque was established next to it? This Committee expressed its readiness to make total maintenance for the building and its annexes to serve as new headquarter for Um Jozeh and `Allan Zakah Committee of the Zakah Fund. What is the ruling of Sharia on the permissibility of using Um Jozeh and `Allan old Mosque for the afore-mentioned purposes?

  

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

 

In principle, religious endowments are bound by the conditions of the endowers and should meet the purpose for which they have been established in the first place. However, at the same time, it is permissible for Um Jozeh and `Allan Committee to use the building of Um Jozeh and `Allan Old Mosque after running the necessary maintenance; provided that it is used as a mosque and kept officially registered as such. This is in order to enable the Waqf Administrator-Ministry of Awqaf, Holy Sites and Islamic Affairs-to benefit from it as a mosque in the future. And Allah the Almighty Knows Best.

 

 Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mohammad Al-Khalayleh, Member

Prof. Mahmoud al-Sartawi, Member

Sheikh Sa`eid Al-Hijjawi, Member

Dr. Majed al-Darawsheh, Member

Dr. Ahmad al-Hasanat, Member {I have a reservation at this Resolution unless it is states that Um Jozeh and `Allan Old Mosque remains as a mosque}.

Judge Khalid Woraikat, Member 

Prof. Adam Nooh Al-Qhodaat/Member {I agree under the condition that prayers are established in this Mosque and its sanctity is preserved}.

Dr. Amjad Rasheed, Member {I reserve this Resolution without mentioning the statement "It takes the rules of a mosque and remains as such, and not merely that "It only remains as an endowed mosque. This is with the need to keep a place for performing prayers or teaching the Quran}.

Dr. Jamil Khatatbeh, Member

Dr. Mohammad Younis Al-Zou`bi, Member

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Summarized Fatawaa

What is the ruling of Islamic Law on sitting between the two prostrations, and what is the ruling on the dhikr recited during it?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
Sitting between the two prostrations (al-jalsah bayna al-sajdatayn) is one of the pillars (arkān) of the prayer, while the dhikr recited during it is Sunnah according to the Shāfi'ī scholars. It is recommended (mustahabb) to say what was narrated from Ibn 'Abbās (may Allah be pleased with him), who said: "The Messenger of Allah (peace and blessings be upon him) used to say between the two prostrations in the night prayer: 'Rabbi ighfir lī, warhamnī, wajburnī, warzuqnī, warfa'nī' (My Lord, forgive me, have mercy on me, make good my deficiencies, provide for me, and raise me)." If one were to say a different supplication instead, such as "Rabbi ighfir lī" (My Lord, forgive me), the prayer would still be valid.
If the worshipper omits this dhikr between the two prostrations, whether intentionally or out of forgetfulness, their prayer remains valid and nothing is required of them, though they miss the reward of following the Sunnah. Leaving it out does not necessitate the prostration of forgetfulness (sujūd al-sahw).
It is stated in Hāshiyat al-Bājūrī 'alā Sharḥ Ibn Qāsim 'alā Matn Abī Shujā' (Vol.1/P.298): "The eleventh — i.e., of the eighteen pillars — his statement: 'sitting between the two prostrations,' meaning even in a supererogatory (nafl) prayer... his statement: 'with the supplication that has been narrated concerning it,' meaning: 'Rabbi ighfir lī, warhamnī, wajburnī, warfa'nī, warzuqnī, wahdinī, wa 'āfinī' (My Lord, forgive me, have mercy on me, make good my deficiencies, raise me, provide for me, guide me, and grant me well-being). Al-Ghazālī added: 'wa'fu 'annī' (and pardon me). Al-Mutawallī also added: 'Rabbi hab lī qalban taqiyyan, naqiyyan min al-shirk, bariyyan lā kāfiran wa lā shaqiyyan' (My Lord, grant me a heart that is God-fearing, pure from associating partners with You, innocent, neither disbelieving nor wretched)."And Allah, the Most High, knows best.

What is the ruling on tasting food while fasting?

Tasting food while fasting is disliked (makruh). However, if any part of the food reaches the body cavity (jauf), the fast becomes invalid.

Do ear and nose drops break the fast?

 
Yes, ear and nose drops break the fast because both the nose and ears are open passages to the body cavity.

What is the ruling on waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.

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