Articles

Statement on Sighting the New Moons
Author : The General Iftaa` Department
Date Added : 07-03-2023

Bismillah al-Rahman al-Rahim

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.

Since being entrusted with the task of announcing the beginning of the lunar months, the General Iftaa` Department sights the new moons at the beginning and end of each month in compliance with the verse: "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}. The Department has adopted a precise scientific methodology based on scientific data and the examination of reports submitted by the competent authorities of astronomers. The latter perform accurate calculations of the moment the crescent is born and the conjunction occurs, the duration of its stay on the horizon, the possibility of sighting it and they present the findings to the Board of Iftaa`, Research and Islamic Studies.

Accordingly, the Department held a meeting with the astronomical and scientific authorities specialized in sighting the new moons to study the scientific data for the conditions of the birth and sighting of the new moons, among which is the moon of the holy month of Ramadan. The mansions of this moon have been monitored since the beginning of the month of Sha'ban and will continue until the beginning of the holy month of Ramadan is announced. The Department also holds scientific seminars in cooperation with the Arab Federation of Astronomy and Space Sciences, the Jordanian Astronomical Society and the Royal Geographical Centre. In these seminars, scholars of Sharia and astronomers in the Islamic world meet to exchange experiences, scientific updates and scholarly views.

After seeking The Help of Allah first, then the Iftaa` Department and the Board of Iftaa`, Research and Islamic Studies, sought the assistance of the astronomers and scientific committees to sight the new moon of the holy month of Ramadan on the 29th of the month of Sha'ban to prove the sighting of this moon. This is in compliance with the Prophetic directives embodied in the following narration: "Fast when you see it and break your fast when you see it, and if the weather is cloudy treat Sha‘ban as having thirty days." (Bukhari and Muslim).

O Allah, allow us to witness Ramadan and make it a month of blessings for the entire Muslim nation. And all perfect praise Be to Allah The Lord of The Worlds. 

 

 

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Summarized Fatawaa

Is it permissible for a husband to sell his wife`s jewelry if he was in a hard up?

A woman`s jewelry and dowry are her own property, and it is forbidden for the husband to take either without obtaining her approval. However, it is desirable for the wife to support her husband through considering her jewelry a sort of documented debt on him.

Is it permissible to delay the ritual purification (ghusl) from major impurity (janabah) until after dawn?

Yes, it is permissible to delay ghusl from janabah until after dawn, as purity from janabah is not a condition for the validity of fasting. However, one must perform ghusl in time to pray Fajr within its designated time.

I vowed to give a specific charity if a certain matter came to pass — what is the ruling on giving that charity before the matter is realised?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Fulfilling a vow (nadhr) is obligatory, in accordance with the word of Allah the Almighty: "And let them fulfil their vows." [Al-Ḥajj/ 29] And the saying of our master the Messenger of Allah ﷺ: "Whoever vows to obey Allah, let him obey Him; and whoever vows to disobey Him, let him not disobey Him." (Reported by al-Bukhārī.)
The Shāfiʿī scholars distinguished between a financial vow (nadhr mālī) and a bodily vow (nadhr badanī). They permitted the fulfilment of a financial vow to be brought forward — before the stipulated condition is met — but did not permit the same for a bodily vow, which may only be fulfilled after the condition has actually been realised.
Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "It is permissible to bring forward the fulfilment of a financial vow before the condition stipulated in it is met — such as saying: 'If I am healed, I vow to free a slave' or 'to give such-and-such in charity' — just as it is permissible to pay zakāh in advance. This is unlike a bodily vow, such as fasting." [Asnā al-Maṭālib, vol. 4/P.246]
Imām al-Bājūrī, may Allah have mercy upon him, states: "Like expiation other than fasting, a financial vow — such as saying: 'If Allah heals my sick one, I vow to free a slave for the sake of Allah,' or 'If Allah heals my sick one, I vow to free a slave on the Friday following the recovery' — it is permissible to bring it forward before the recovery in the first case, and before the Friday following the recovery in the second case." [Ḥāshiyat al-Bājūrī ʿalā Sharḥ Ibn Qāsim, Vol.2/P.596] And Allah the Almighty 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.