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Guidelines On Several Criteria Related To The Construction Of Mosques & Unimap Islamic Centre (Response To Unimap's Letter Regarding Mosque Construction Guidelines)

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THE 40TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2019

28 - 29 MAC 2019 / 21 - 22 REJAB 1440H

 

GUIDELINES ON SEVERAL CRITERIA RELATED TO THE CONSTRUCTION OF MOSQUES & UNIMAP ISLAMIC CENTRE (Response To Unimap's Letter Regarding Mosque Construction Guidelines)

1. Building Toilets Under the Same Roof as the Mosque

Response:

Toilets and the mosque must be separated in a manner that distinguishes the prayer space from the toilet area, even if under a connected roof. What is essential is to preserve the cleanliness and comfort of the prayer space.

If separate buildings better manifest the nobility of the mosque and better maintains its cleanliness, then that is preferable.

 

2. Building Toilets Facing Away or to the Side of the Qibla

Response:

Toilets may be constructed in any suitable direction that does not mar the image of the mosque. However, it must be ensured that they do not face or have their back to the qiblat. Instead, they shall be in the direction of the right or left of the qiblat.

 

3. Is It Wrong if the Toilet Floor is Level with the Mosque Floor?

Response:

There is no specific ruling on this matter. What is important is that the construction does not easily contaminate the cleanliness of the mosque.

 

4. What is the number of steps for the mosque pulpit?

Response:

It is established in several authentic hadiths stating that the Prophet SAW's pulpit had three steps. Some scholars understand that it was constructed as such based on the needs of that era. This matter is viewed in terms of the purpose for which the pulpit was built, namely to fulfill the needs of a large congregation to see and hear the voice of the preacher (khatib) who is delivering the sermon (khutbah). Therefore, the best pulpit is one that is constructed in accordance with the needs of the mosque, depending on the spaciousness and the number of congregants it can accommodate. Without wastage, without the purpose of being ostentatious, not disturbing and not narrowing the mosque space.

Constructing an excessively high pulpit without necessity contradicts the purpose of the pulpit's existence, which is to facilitate the congregation in hearing and seeing the preacher.

 

5. The position of the pulpit stairs.

Response:

The position of the Prophet's (SAW) minbar steps faced the congregation, as it suited the needs at that time when he would sit on one of the steps. However, if the steps are not intended for the khatib to sit upon, they may be positioned in any direction according to need.

 

6. Does the preacher ascend from the back, front or side?

Response:

Same as answers 4 and 5.

 

7. Is it permissible to stand when performing ablution (wudhu)?

Response:

It is permissible to perform ablution while standing or sitting based on the needs of the person performing ablution.

 

8. Is it necessary to create a special ablution area for the convenience of persons with disabilities (OKU)?

Response:

If providing a special wudu area for persons with disabilities (OKU) is more accommodating for them and other worshippers, then that is best approach. Such matters depend on needs assessed by the mosque management.

 

9. Should ablution trough tanks be covered or open?

Response:

Covered or open water tanks depend on necessity. Nevertheless, the provision of ablution facilities does not necessarily have to be in the form of troughs. The important matter is that such ablution facilities shall be user-friendly and conducive to cleanliness management.

 

10. What about the size of the water trough?

Response:

According to the Shafi'i school, if measured by modern standards, the trough should hold at least 270 liters of water. However, the majority of scholars do not specify a volume. Thus, there is no fixed size for mosque troughs in Perlis; it depends on local needs.

 

11. Is it necessary to create a reclining place for i'tikaf in the first row?

Response:

It is not necessary to create such an i'tikaf reclining place.

 

Resolved at the Meeting of the Majlis Agama Islam dan Adat Istiadat Melayu Perlis No. 3 of 2019 convened on 22 April 2019.

Guidelines Regarding The Obligation Of Mosques And Management Committees To Pay Outstanding Utility Bills

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THE 40TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2019

28 - 29 MAC 2019 / 21 - 22 REJAB 1440H

 

GUIDELINES REGARDING THE OBLIGATION OF MOSQUES AND MANAGEMENT COMMITTEES TO PAY OUTSTANDING UTILITY BILLS

Money contributed by the public shall be utilized for the management of the mosque, including payment of utility bills. It is an obligation upon those managing the mosque's contributed funds to ensure that the rights of the parties involved are paid. The deliberate act of not paying or postponing payment without reasonable cause while being capable is a negligence of trust in management and an injustice according to Islamic law (syarak). The Messenger of Allah (peace be upon him) said, based on a hadith narrated from Abu Hurairah RA:

مَطْلُ الغَنِيِّ ظُلْمٌ

Translation: "The postponement of debt payment by one who is capable is an injustice." [Narrated by Bukhari and Muslim]

And those in mosque management who deliberately fail to fulfill the trust are included in the statement of the Prophet SAW narrated from Abu Hurairah RA:

آيَةُ الْمُنَافِقِ ثَلَاثٌ : إِذَا حَدَّثَ كَذَبَ ، وَإِذَا وَعَدَ أَخْلَفَ ، وَإِذَا اؤْتُمِنَ خَانَ

Translation: "The signs of a hypocrite are three: When he speaks, he lies; when he makes a promise, he breaks it; and when he is entrusted, he betrays." [Narrated by Bukhari and Muslim]

If the contributed funds are insufficient, the Muslim community shall assist one another to ensure that the management of the mosque concerned can be conducted properly. In the context of the State of Perlis, Baitulmal funds sourced from the Muslim community may be used to assist mosques that are unable to pay.

Resolved at the Meeting of the Majlis Agama Islam dan Adat Istiadat Melayu Perlis No. 3 of 2019 convened on 22 April 2019.

Ruling On Transferring A Deceased Person From One Grave To Another For A Certain Need

THE 24TH & 25TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2016
20 - 21 DECEMBER 2016 / 20 - 21 RABIUL AWWAL 1438H

 

RULING ON TRANSFERRING A DECEASED PERSON FROM ONE GRAVE TO ANOTHER FOR A CERTAIN NEED

Corpses and graves possess sanctity that has been established by sharī'ah. A corpse must not be treated or transferred arbitrarily.

The ruling on exhuming or transferring a deceased person from one grave to another is permitted if the original burial was carried out in a manner that contradicts the rulings on handling the dead or was not properly managed. It is likewise permitted if there is a need that has been verified and authorised by the state religious authorities.

The determination of burial locations for Muslims in the State of Perlis must be determined by the state religious authorities as the ruling authority (ulī al-amr). Likewise, the ruling authority may transfer graves based on a certain benefit (maṣlaḥah).

Endorsed at the Meeting of the Council of Islamic Religion and Malay Customs of Perlis No. 1/2017 held on 6 January 2017

The Ruling On The Implementation Of Istibdal (Substitution) Of Waqf Burial Land Lot 3508 Gm 1814 Mukim Utan Aji Perlis

THE 32ND & 33RD MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2017
20 - 21 OKTOBER 2017 / 29 MUHARRAM - 1 SAFAR 1438H

 

THE RULING ON THE IMPLEMENTATION OF ISTIBDAL (SUBSTITUTION) OF WAQF BURIAL LAND LOT 3508 GM 1814 MUKIM UTAN AJI PERLIS

Istibdal (substitution) of the said land is permissible; however, it must be replaced with land of equivalent area or greater.

Endorsed at the Meeting of the Council of Islamic Religion and Malay Customs of Perlis No. 7/2017 held on 6 November 2017

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