Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(298) (1/2021): "Demolishing an Old Praying Place to Replace it with New One"

Date Added : 23-02-2021

Resolution No. (298) (1/2021), By The Board of Iftaa', Researches and Islamic Studies:

"Demolishing an Old Praying Place to Replace it with New One"

Date: (14th of Jumada Al-Akhirah, 1442AH), corresponding to (28/1/2021AD).

In its 1st meeting held on the above date, the Board of Iftaa` reviewed the letter No.4/2/3/9928 sent from His Excellency, the Minister of Awqaf, Holy Sites and Islamic Affairs Dr.Mohammad Al-Khalayleh. It stated as follows: We would like your Excellency to clarify the ruling of demolishing a praying place which is built on a part of an endowed land No. (81/Southern Quarter/Al-Mafraq), due to the fact that it is an old building and a new one is to be built instead on a different part of the same land, as it was donated unconditionally in the first place intended as a public endowment. Besides, the old one won't be demolished save after the new praying place is built in order to observe the purpose for which the land was endowed as well to invest the land itself. And Allah Knows Best.

            

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mohammad Al-Khalayleh, Member      Dr. Majed al-Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, 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

What is the ruling of Islamic Law on someone who wakes up in a state of janābah (major ritual impurity) near the very end of the prayer's designated time, during cold weather — should he heat water in order to perform ghusl, even though the prayer's time will expire as a result, or should he perform tayammum instead?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the water is cold, and cannot be used due to fear of harm that is not ordinarily tolerable, or that would result in illness, then in this case it becomes obligatory to heat the water — even if heating it causes the time for Fajr to expire — and no sin is incurred in doing so, due to his valid excuse. He may not resort to tayammum (dry ablution) instead, since water remains available [and merely needs to be heated].
Imam Shihāb ad-Dīn Aḥmad ar-Ramlī (raḥimahullāh) said: "He was asked regarding a person who, if he were to use cold water, would experience harm that permits tayammum, and who has access to something with which he could heat the water — but if he heats it, the prayer's time will expire. Is it obligatory for him to heat it even if the time expires, or should he pray with tayammum within the prescribed time? He answered that it is obligatory for him to heat the water, even if the time for that particular obligatory prayer expires." [Fatāwā ar-Ramlī, Vol.1/P.98]
Imam al-Bājūrī (raḥimahullāh) said in his Ḥāshiyah on Sharḥ Ibn Qāsim (Vol.1/P.173): "And if he fears [harm] from using cold water, and is currently unable to heat it, but knows of a place where firewood is available, such that if he were to go there he would not return until after the prescribed time has expired — what appears [to be the correct position] is that it is obligatory for him to go and seek the firewood, even if the time expires as a result, as this is the position ultimately settled upon by ar-Ramlī, and as related from him by Ibn Qāsim." And Allah, the Exalted, knows best.

Is it permissible to sleep before the time of the Fajr prayer begins, with the intention of waking up shortly afterward?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible for a Muslim to sleep before the time of the Fajr prayer begins, intending to wake up and perform the prayer, by setting an alarm or asking someone to wake him. What is to be avoided is that a person sleeps while he predominantly assumes that he will not wake up for the prayer.
If he does not wake up until the time of the prayer has ended, he must make it up. It is recommended that he hasten to make it up as soon as he wakes, and likewise recommended that he make up its sunnah along with it.
It is stated in al-Majmūʿ by Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him): “Whoever was obliged to pray and did not pray until the time passed must make it up, because of the saying of the Prophet (peace and blessings be upon him): ‘Whoever sleeps through a prayer or forgets it, let him pray it when he remembers it.’ It is recommended that he make it up immediately, because of the ḥadīth we have mentioned. If he delays it, that is permissible, because it is reported that the Prophet (peace and blessings be upon him) missed the Fajr prayer and did not pray it until he had left the valley. Had it been required immediately, he would not have delayed it. Abū Is-ḥāq said: If he left it without a valid Sharia excuse, he must make it up immediately, because he was negligent in delaying it.”
It is therefore the duty of every Muslim to keep the prayer in its proper time, seeking help from Allah the Exalted and striving against the self to do so. And Allah Almighty knows best.

How is the Night Prayer (Qiyam al-Layl) performed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Night Prayer (Qiyam al-Layl) refers to the voluntary (Nafl) prayers performed by a person after the Sunset prayer (Maghrib) and before the Dawn prayer (Fajr). As for Tahajjud, it is the voluntary prayer performed during the night specifically after waking up from sleep, as an act of devotion to Allah. Allah the Exalted says {what means}: "And from [part of] the night, pray with it [i.e., recitation] as additional worship for you." (Al-Isra/79). Thus, in terms of reward,Tahajjud is superior to voluntary prayers performed before sleeping. And Allah the Exalted knows best.

"If the fidyah becomes obligatory upon a pregnant or nursing woman because she broke her fast out of fear for her child, is it obligatory from her own wealth, or from her husband's wealth?"

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The fidyah (ransom/compensation payment for breaking the fast) is obligatory from the wife's own wealth, and is not obligatory upon the husband unless he voluntarily chooses to pay it on her behalf.
It is stated in Mughnī al-Muḥtāj (Vol.2/P.174): "If the two [the pregnant woman and the nursing mother] fear for the child alone — such as a pregnant woman fearing miscarriage, or a nursing mother fearing that her milk supply would decrease, thereby endangering the child — then both the qaḍā' (making up the missed fast) and the fidyah become obligatory upon them, to be paid from their own wealth." And Allah, the Exalted, knows best.