Fatwa's Insights - Waqf, Mosque dan Funeral Management

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.