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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(303): "Sighting the Crescent Moon of the Month of Shawwal,1442"

Date Added : 24-10-2022

Resolution No.(303) (7 /2021) by the Board of Iftaa`, Research and Islamic Studies:

"Sighting the Crescent Moon of the Month of Shawwal 1442)"

Date :(29/Ramadan/1442H), corresponding to (11/5/2021).

 

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 seventh 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 (1442AH). 

  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, Thursday, 12/5/2021, will be the first of Shawwal for this year: (1442 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.

 

Grand Mufti of Jordan, Sheikh Abdulkareem Al-Khasawneh

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mahmoud Al-Sartawi/ Member

Dr. Majed Al-Darawsheh/ Member

Sheikh Sa`eid Hijjawi/ Member

Judge Dr. Samer Al-Kobbaj/ Member

Prof. Adam Nooah Al-Qhodah/ Member

Prof. 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 a father shaking hands with his son’s wife after she has been divorced three times?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The wife of one’s son is among the women permanently prohibited to the husband’s father as soon as the marriage contract  is concluded, based on the saying of Allah the Exalted: “Prohibited to you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, your brother’s daughters, your sister’s daughters, your foster mothers, your foster sisters, your wives’ mothers, and your stepdaughters under your guardianship [born] of your wives with whom you have consummated marriage. But if you have not consummated marriage with them, there is no sin upon you. [Also prohibited are] the wives of your sons who are from your loins, and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful.” [al-Nisāʾ/23]
This prohibition begins once the son’s marriage contract with his wife is complete, and it remains in force even if the son separates from her before consummation or before any seclusion (khalwah) with her. It is therefore permissible for the father to shake her hand and to be alone with her, provided there is no fitnah (temptation) and no suspicion.
It is stated in ʿUmdat al-Sālik (p. 204): “It is forbidden to marry… the wives of one’s fathers and of one’s sons. All of these women become prohibited by the mere contract, … all of that being a permanent prohibition.” End quote, with slight adaptation. And Allah Almighty knows best.

What is the ruling on speaking while relieving oneself?

It is disliked for one relieving himself to speak while doing so, except out of necessity. And Allah the Almighty knows best.

What is the ruling on someone who possesses cash reaching the niṣāb (minimum threshold liable for zakah), and then uses part of it to purchase gold before the ḥawl (lunar year) is complete — must he pay zakāh on all of it [combined], or only on the remaining cash, excluding the gold?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Gold acquired for hoarding and saving is subject to zakāh once it reaches the niṣāb (minimum threshold liable for Zakah) — when combined with any cash held — and once a full ḥawl (lunar year) has elapsed over it. The starting point for calculating this ḥawl is the ḥawl of the paper currency [used to purchase it], which had already reached the niṣāb and was then used to purchase the gold.
It is stated in Mughnī al-Muḥtāj (Vol.2/p.78): "As for someone who sells silver in exchange for gold, or vice versa, zakāh remains obligatory upon it, since he builds [the calculation of] its ḥawl upon [the ḥawl established at the time of] the original transaction [i.e., when the wealth was first acquired]."
This has already been explained in detail in Fatwa No. 2670 — please refer to it.
And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

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