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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 on the white discharge (*Al-Qassat al-Bayda'*) if it is in a very small amount—is it considered a sign of purity?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Among the signs of purity (Tahr) for a woman is the white discharge (Al-Qassat al-Bayda'), which is a clear, pure white fluid, regardless of whether it is minimal in quantity, or complete dryness (Jafaf), wherein secretions cease entirely such that if a white cotton cloth is inserted, it comes out completely clean. Once a woman observes either of these two signs, she has attained ritual purity.
 
Furthermore, another sign of purity is when the duration of the menstrual period exceeds the maximum limit of menstruation, which is fifteen days. If it exceeds this period, it becomes evident that she is experiencing non-menstrual bleeding (Istihadah).
 
The rulings pertaining to menstruation may be reviewed in the article: "Rulings on Menstruation and Postnatal Bleeding Every Muslim Woman Must Know." And Allah Almighty knows best.

What is the ruling of Islamic Law on one who died owing debts and left no wealth? Is it obligatory upon the heirs to settle these debts?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The general rule is that if a person dies owing rights to other people, such as debts, these are settled from his estate, if he left any wealth, before the estate is divided. The Prophet (peace and blessings be upon him) said: “The believer's soul is suspended by his debt until it is settled for him.” Graded ḥasan by al-Tirmidhī. Repayment of debts takes precedence over the heirs’ right to inheritance.
If the deceased left no estate, or left wealth that was insufficient to cover his debts, it is not obligatory for the heirs to pay from their own wealth, but it is recommended for them to do so, because the deceased’s dhimmah (legal liability) remains occupied by the debt. It is reported in some narrations that he remains held in suspension until his debt is paid, and it is not part of filial righteousness for a child to leave his father’s dhimmah burdened with debt.
All of the children may contribute to settling the debt on behalf of their father and cooperate in doing so, even in installments, according to their ability. And Allah Almighty knows best.

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

What is the ruling on giving the expiation of an oath (Kaffarat al-Yamin) to a charity that feeds the poor?

 

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

It is allowed for a Muslim to appoint a proxy (agent) to distribute the expiation (Kaffarah) on their behalf. Our jurists have explicitly stated the permissibility of delegation (Tawkil) in the distribution of Zakat, Kaffarah, and vows (Nadr).

It is stated in Mughni al-Muhtaj (Vol.3/P.237): 'One has the right to pay the Zakat of their wealth personally... and they also have the right to delegate it.' And Allah the Exalted knows best.

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