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Resolutions of Iftaa' Board

Resolution No.(299): "Investing an Endowed Land in which the Endower's Condition was Unattainable"

Date Added : 28-02-2021

Resolution No.(299) (2/2021), By The Board of Iftaa', Researches and Islamic Studies:

"Investing an Endowed Land in which the Endower's Condition was Unattainable"

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.4/2/3/11669 sent from His Excellency, the Minister of Awqaf, Holy Sites and Islamic Affairs Dr.Mohammad Al-Khalayleh. This letter reads as follows:

We would your Grace to clarify the ruling on the endowment of Mr./Baseem Ali Abdullah Naser , which is a building of three floors on an endowed land (No.2112/Al-Abiad Area/Zarqa). The condition of the endower is to build Sharia school, health center, nursing home or an orphanage in accordance to the attached document of the charitable endowment.

In consideration of that, a committee formed of Endowments Zarqa Governorate was in charge to spectate the aforementioned endowment and the possibility of fulfilling the endower's condition. It turns out that it requires 8000JD cost for maintenance and fulfilling his condition was out of reach for the time being due to several reasons.Thus, the committee decided to invest and lease the building till the condition is fulfilled in order to avoid its damage. We hope your Grace to review this matter on the Board of Iftaa' to issue the Sharia ruling in this regard.

After thorough study and deliberation, the Board decided what follows:

In principle, endowments are to be given and fulfilled based on endower's condition and for the same purpose in which it was endowed in the first place by the former. Due to the fact that fulfilling it is unattainable as mentioned in the above question for compelling reasons, then there is no harm on investing the endowed building in the best manner so long as its outcome is disposed as conditioned by the endower. 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

If someone regularly fasts the six days of Shawwal, are they obligated to fast them every year?

A person is not obligated to fast the six days of Shawwal every year, even if they have made it a habit. However, someone who regularly performs a good deed should not abandon it as long as they are able.

Is it a condition for I‘tikaf to be performed in the mosque?

Yes, for I‘tikaf to be valid, it must be performed in a mosque. I‘tikaf is not valid if performed at home or elsewhere.

What is the Islamic ruling on the Udhiyah (sacrificial offfering)?

 
 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is a Confirmed Sunnah (Sunnah Mu’akkadah) for every adult Muslim of sound mind who possesses the financial means, whether they are a resident, a traveler, or a pilgrim (Haj). This is based on the statement of the Prophet ﷺ: 'When the ten days [of Dhu al-Hijjah] begin and one of you desires to offer a sacrifice, let him not touch [cut] anything of his hair or skin' [Narrated by Muslim].
 
The point of evidence (Wajh al-Dalalah) here is that the Prophet ﷺ linked the sacrifice to the individual's will and desire by saying, 'and one of you desires.' This indicates that it is not obligatory (Wajib); had it been mandatory, he would have simply said, 'let him not touch his hair until he sacrifices' [without making it conditional upon desire].
 
Furthermore, it is narrated that Abu Bakr and Umar (may Allah be pleased with them both) would sometimes refrain from offering the sacrifice out of fear that people might mistakenly view it as an obligatory duty [Narrated by al-Bayhaqi and others with a good (Hasan) chain of transmission]. And Allah the Exalted knows best.

What should a person do if they suffer from an incurable illness that prevents them from fasting?

A person who has an illness that is not expected to be cured and prevents them from fasting must feed a needy person one mudd (600 grams) of food (such as wheat or rice) for each missed day instead of fasting.
Allah Almighty says {what means}: "and [in such cases] it is incumbent upon those who can afford it to make sacrifice by feeding a needy person." [Al-Baqarah/184].

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