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Resolutions of Iftaa' Board

Resolution No.(301): "Sighting the Crescent of Ramadan,1442 AH"

Date Added : 14-04-2021

Resolution No.(301)(5/2021) by the Board of Iftaa`, Research and Islamic Studies:

"Sighting the Crescent of Ramadan, 1442 AH"

Date: (29/ Sha`ban/1442 AH), corresponding to (12/4/2021 AD).

 

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

At its fifth session held on the above date, the Board reviewed sighting the crescent of Ramadan for this year (1442) based on the astronomical calculations conducted by the Crescents Committee of the General Iftaa` Department. 

After deliberating, the Board arrived at the following decision:

In the Name of Allah, Most Gracious, Most Merciful

Allah, The Almighty, Says {What means}: "Ramadhan is the (month) in which was sent down the Qur’an, as a guide to mankind, also clear (Signs) for guidance and judgment (Between right and wrong). So every one of you who is present (at his home) during that month should spend it in fasting" {Al-Baqarah/185}. Allah also Says {What means}: "They ask thee concerning the New Moons. Say: They are but signs to mark fixed periods of time in (the affairs of) men, and for Pilgrimage" {Al-Baqarah/189}. Moreover, the Prophet (PBUH) says: "Observe fast on sighting it (the new moon) and break it on sighting it." {Related by Bukhari}.

In compliance with the texts of Sharia, the Iftaa` Board Board convened on Monday evening (29th of Sha`ban, 1442 AH, corresponding to 12/4/2021) to sight the crescent of Ramadan (the new moon).

Based on the findings of the Crescent Sighting Committee, which were harmonious with the astronomical calculations, at The General Iftaa` Department and other specialized authorities, it was ascertained to the Board that tomorrow, Tuesday, (13/4/2021) is the first day of the holy month of Ramadan for this blessed year, 1442 AH. 

On this blessed occasion, the Board extends the warmest of congratulations to His Majesty King Abdullah the Second Ibn Al-Hussein, His Crown Prince, and the Hashemite Family, praying that Allah Protects His Majesty and Grants him a good health.

The Board also extends its congratulations to the people of Jordan as well as the Arab and Muslim Nation. It also prays that Allah makes it a month of peace, security, faith, goodness and piety. And may Allah Accept our fast and night prayers. And Allah The Almighty Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Sheikh Abdulkareem Al-Khasawneh

Dr. Mohammad Al-Khalayleh, Member          Professor Mahmoud al-Sartawi, Member

Dr. Majid al-Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member            Judge, Dr. Samer al-Kobbaj, Member

Prof. Adam Nooh Al-Qhodaat, Member

Professor Amjad Rasheed, Member   Dr. Jameel Khatatbeh, Member

Dr. Ahmad Al-Hasanat, Member

Dr. Mohammad Al-Zou`bi, Member

 

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Summarized Fatawaa

What is the ruling of Islamic Law on leaving the Sunnah prayer of Dhuhr due to fatigue?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
According to the general rule, a Muslim should strive to maintain the Sunnah prayers before and after the obligatory prayers (al-sunan al-qabliyyah wa al-ba'diyyah). One is permitted to pray them sitting from the outset, but if one leaves them due to severe fatigue, there is no objection to doing so. It is recommended (mustahabb) to make up (qadā') a time-bound supererogatory prayer (nafl mu'aqqat) at any time if it was missed.
Al-Shirbīnī (may Allah have mercy on him) said: "If a time-bound supererogatory prayer is missed, it is recommended to make it up according to the more authoritative view (al-azhar), based on the hadith recorded in the two Ṣaḥīḥs: 'Whoever sleeps through a prayer or forgets it should pray it when he remembers it.' This is also supported by the fact that the Prophet (peace and blessings be upon him) made up the two rak'ahs of Fajr when he and his companions overslept in the valley and missed the dawn prayer until the sun had risen [narrated by Abū Dāwūd with an authentic chain]." And Allah, the Most High, knows best.

What is the ruling on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

What is the ruling on giving Zakat al-Fitr in cash?

The default ruling is that Zakat al-Fitr should be given as the staple food of the land. In Jordan, for example, the staple food is wheat or rice, and the amount of Zakat al-Fitr is 2,500 grams per person. It is easy to give this amount of rice to the poor and needy, and this is the correct ruling according to all Islamic schools of thought.
However, Hanafi scholars have permitted giving Zakat al-Fitr as monetary value, considering it more beneficial for the poor and easier for the giver.

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