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Resolutions of Iftaa' Board

Resolution No.(285): "Sighting the Crescent of Ramadan for the Hijri Year 1441"

Date Added : 28-05-2020

Resolution No.(285)(5/2020), By The Board of Iftaa', Researches and Islamic Studies:

"Sighting the Crescent of Ramadan for the Hijri Year 1441"

Date: (29/ Sha`ban/1441 AH), corresponding to (23/4/2020 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.

On its fourth session held on the above date, the Board reviewed sighting the crescent of Ramadan for this year (1441AH) based on the astronomical calculations conducted by the Crescents Committee of the General Iftaa` Department.After deliberating this issue, the Board decided the following:In the Name of Allah, The Most Gracious, the 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}. He, Exalted, 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 accompanied by the Chief Justice, the Minister of Awqaf, a number of eminent scholars, and experts of astronomy convened on Thursday evening (29th of Sha`baan, 1441 AH, corresponding to 23/4/2020AD) to sight the crescent of Ramadan (the new moon).

Based on the findings of the Crescent Sighting Committee of the General Iftaa` Department and other specialized authorities, it was ascertained to the Board that tomorrow, Friday (24/ 4/2020), will be the first day of the holy month of Ramadan for the Hijri year 1441.

Accordingly, the Board is pleased to extend the warmest of congratulations to His Majesty King Abdullah the second 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 as well as the Arab and Muslim Nation. It prays that Allah makes it a month of peace, security, goodness, piety and righteousness. And may Allah accept our fast and night prayers. And Allah the Almighty Knows Best. 

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mohammad al-khalayleh

Dr. Mahmoud al-Sartawi, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Majed al-Darawsheh, Member

Dr. Mohammad Al-Zou`bi/ Member

Prof. Adam Nooh Al-Qhodaat/Member

Dr. Amjad Rasheed/Member

Dr. Jamil Khatatbeh/Member

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Summarized Fatawaa

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.

Is it permissible to divide one mudd of fidyah between two people?

No, it is not permissible to divide one mudd between two people, because it would not count as a full meal for either of them.

What is the ruling on a person who insists on praying in a specific spot and becomes angry if someone else prays there?

ruling on a person who persists in praying in a specific spot and becomes angry if someone else occupies it

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Our Master the Prophet ﷺ forbade a man from habitually claiming a specific spot in the mosque as a camel claims its place (to sit); scholars consider this to be among the disliked matters (Makruhat). It is therefore obligatory to advise this individual that whoever arrives at a spot first has the most right to it. And Allah the Exalted knows best.

What is the ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.

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