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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 the colored discharges that appear one or two days before the menstrual cycle?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Colored discharges carry the same Islamic ruling as blood, whether they appear at the beginning or the end of the menstrual period. This remains true even if the discharge is intermittent—appearing for some days and stopping for others before returning—provided that the total duration does not exceed fifteen days nor fall short of a day and a night (24 hours). This is because the minimum duration of menstruation (Hayd) is one day and a night, while its maximum duration is fifteen days. Furthermore, the minimum period of purity (Tuhr) between two menstrual cycles is fifteen days, and there is no maximum limit for it. And Allah the Exalted knows best."

What is the ruling of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."
Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]
Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj,  Vol.1/P.154]
Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. And Allah, the Exalted, knows best.

Is it permissible for a woman to ride a taxi without a Mahram (unmarriageable kin) in order to attend a gathering of knowledge?

It is permissible for the woman to pursue the knowledge that she needs in order to perform the religious requirements due on her if there was nobody to teach her at home, provided that there is no temptation involved. Moreover, we don`t recommend that she rides a taxi without a Mahram although such an act isn`t from the forbidden Khulwah (seclusion).

What is the ruling of Islamic Law on the prayer of zawal?

 

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended (sunnah) to pray four rakʿāt — either with a single tasleem or as two separate sets of two rakʿāt — immediately following the sun's decline from its zenith (zawāl). This prayer is distinct from the regular Sunnah prayer of Ẓuhr (sunnat al-ẓuhr al-rātibah), as explicitly stated by the Shāfiʿī jurists.
It is mentioned in Nihāyat al-Muḥtāj: "The prayer of zawāl is offered after the sun's decline — so were one to perform it before that, it would not count. It consists of two or four rakʿāt and is distinct from the Sunnah of Ẓuhr, as is evident from the fact that it is mentioned separately after the regular Sunnah prayers, and it becomes a make-up prayer (qaḍāʾ) if a long period of time passes by customary reckoning... Al-ʿAlqamī stated: 'Scholars refer to this as the Sunnah of Zawāl, and it is distinct from the four rakʿāt that constitute the Sunnah of Ẓuhr.' Our shaykh said: Al-Ḥāfiẓ al-ʿIrāqī stated that among those who explicitly affirmed its recommendation was al-Ghazālī in al-Iḥyāʾ, in the chapter on devotional litanies, noting that there is no tasleem between them — meaning there is no break between each pair of rakʿāt."
The time of the sun's decline (zawāl) marks the very beginning of the time for the Ẓuhr prayer.
And Allah the Almighty knows best.

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