Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No. (297) (17/2020): "Investing Land Endowed for Building a Mosque

Date Added : 09-02-2021

Resolution No. (297) (17/2020), By The Board of Iftaa', Researches and Islamic Studies:

"Investing Land Endowed for Building a Mosque"

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.4/2/2/10794 sent from His Excellency the Minister of Awqaf, Holy Sites and Islamic Affairs Dr.Mohammad Al-Khalayleh. It stated as follows: "We would like to bring to your attention that Mr.Yaghi has donated the land No. (586/5) (Al-Ar-Rafiah, An-nawaijees Village, of the lands of eastern Amman) for building a mosque. This land is estimated at (530) square meters and is registered in the name of the Ministry of Awqaf, Holy Sites and Islamic Affairs under a contract of hibah (gift)/2009. This land has been vacant since 2009, however, several mosques were built near it and they suffice for prayer performers residing in that area. However, this land is considered in violation of the regulations stated in the Jordanian Law in this regard. In addition, not benefitting from it defies the purpose for which it was endowed in the first place. Based on the aforementioned, what is the ruling of Sharia on investing this land?

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

It is permissible to invest the above land and use the revenue in favor of the surrounding mosques, and in a manner that achieves the purpose for which it was endowed. This is of course after the donor, or his heirs in case he was dead, approve of that. And Allah The Almighty Knows Best.

 

 Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Sheikh Abdulkareem al-Khasawneh

Prof. Mahmoud Al-Sartawi/ Member

Dr. Majed al-Darawsheh/ Member

Judge Khalid Woraikat/ Member

Prof. Adam Nooh Al-Qhodaat/ Member 

Dr. Amjad Rasheed/ Member

Dr. Jamil Khatatbeh/ Member

Dr. Ahmad al-Hasanat/ Member  

Dr. Mohammad Younis Al-Zou`bi / Member

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Summarized Fatawaa

If the menses lasted for over than 9 to 10 days, considered menstruation?

If the duration of the bleeding does not exceed fifteen days, it is all considered menstruation, even if the usual pattern changes.

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.

How should a person who is afflicted with continued major ritual impurity (incontinence of urine, bleeding outside the monthly period) perform ablution?

Such a person should make ablution for every prayer after its due time and after removing impurities from their body and outfit, and should place a fresh diaper whenever needed so as for the impurity not to spread out. They should also perform prayer immediately even if incontinence of urine continued, and should repeat the aforementioned for every obligatory prayer, then perform optional prayer as much as they want.

Is it required to fast consecutively when making up missed fasts?

● It is preferable to fast consecutively when making up missed fasts if they were missed due to a valid excuse.
● However, if the fasts were missed without a valid excuse, then fasting consecutively is obligatory, because making up the missed fasts in this case must be done immediately.
Separating the makeup fasts goes against the obligation of immediacy, but if someone does so, their fasts will still be valid. However, they will be sinful for delaying without a valid reason.