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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No. (323): "Sighting the Crescent Moon of the Month of Shawwal, 1444"

Date Added : 27-04-2023

Resolution No.(323)(4 /2023) by the Board of Iftaa`, Research and Islamic Studies:

"Sighting the Crescent Moon of the Month of Shawwal, 1444"

 

Date :(29/Ramadan/1444 H), corresponding to (20/4/2023).

 

Praise be to the Lord of all worlds. Prayers and peace be upon our Prophet, Muhammad, his family and all of his companions.

 

 On its fifth session held on the above date, the Board of Iftaa`, Research and Islamic Studies reviewed sighting the crescent of the month of Shawwal for this year (1444 H). 

 

After deliberating, the Board decided the following:

 

"In the name of God, the Most Gracious, the Most Merciful"

 

  Almighty Allah Says (What means): "A token unto them is night. We strip it of the day, and lo! they are in darkness.And a Sign for them is the Night: We withdraw therefrom the Day, and behold they are plunged in darkness;And the sun runs his course for a period determined for him: that is the decree of (Him), the Exalted in Might, The All-Knowing. And the Moon,- We have measured for her mansions (to traverse) till she returns like the old (and withered) lower part of a date-stalk.is not permitted to the Sun to catch up the Moon, nor can the Night outstrip the Day: Each (just) swims along in (its own) orbit (according to Law)." {Ya-Sin/37-40}. He, The Exalted, also Says: "(He wants you) to complete the prescribed period, and to glorify Him in that He has guided you; and perchance ye shall be grateful." {Al-Baqarah/185}. In addition, the Prophet (PBUH) says: "The fast is the day the people fast, the breaking of the fast is the day the people break their fast." {At-Tirmithi}.

 

 Based on the findings-which were harmonious with the astronomical calculations-of the Crescent Sighting Committee of the General Iftaa Department and the concerned authorities, it was ascertained to the Board that tomorrow, Friday, 21/4/2023, will be the first of Shawwal for this year: (1444 H), and so it is the first day of the Eid of Fitr.

 

  Accordingly, the Board is pleased to extend the warmest of congratulations to His Majesty King Abdullah II Ibn Al-Hussein, His crown Prince, and the Hashemite Family on this blessed occasion. May Allah Protect His Majesty and Grant Him good health.

 

  The Board also extends its congratulations to the people of Jordan and the Arab and Muslim Nation. It asks Allah to Accept our fast and night prayers and shower our beloved Jordan as well as the Muslim world with peace, security, stability and blessings. We pray that Allah, The Almighty, accepts our acts of devotion and erases our sins. And Allah the Almighty Knows Best.

 

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Summarized Fatawaa

Is it permissible for a pious Muslim woman to stay with her husband who had quit praying out of laziness?

Quitting prayer is one of the major grave sins that come after disbelieving in Allah, but the wife of such a person isn`t considered divorced, rather, she should exert all her efforts in order to bring him back to the way of Islam. However, if his sin is likely to lure her from the way of Islam, then she had better separate from him by lawful means such as Mokhal`aa (When a wife pays a compensation for her husband in return for divorcing her). Moreover, if she exercises patience, and remains steadfast on her faith, then there is no harm in doing that.

Is bleeding that lasts for nine or ten days considered menstruation (Hayd)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the duration of the bleeding does not exceed fifteen days, then all of it is considered menstruation (Hayd), even if the regular cycle ('Adah) has changed. And Allah the Exalted knows best.

Is it incumbent on the fiancée to obey her fiancé?

When the woman settles in her husband`s house, it is incumbent on him to provide for her and it is incumbent on her to obey him. Before that, and if the marriage contract had been concluded, then she is lawfully his wife and thus she should abide by custom in treating him, but if the marriage contract hadn`t been concluded, then she should treat him as a non-Mahram (Marriageable).

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

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