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Resolutions of Iftaa' Board

Resolution No.(312): "Sighting the Crescent Moon of the Month of Shawwal, 1443"

Date Added : 08-05-2022

Resolution No.(312)(8 /2022) by the Board of Iftaa`, Research and Islamic Studies:

"Sighting the Crescent Moon of the Month of Shawwal, 1443"

Date :(29/Ramadan/1443 H), corresponding to (1/5/2022).

 

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 sixth 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 (1443 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, Monday, 2/5/2022, will be the first of Shawwal for this year: (1443 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.

 

 Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Sheikh Abdulkareem al-Khasawneh

Dr. Mohammad al-Khalayleh/Member

Prof. Mahmoud al-Sartawi/Member

Prof. Amjad Rasheed/Member

Prof. Adam Nooh Al-Qhodah/Member

Dr. Jamil Khatatbeh/Member

Dr. Majed al-Darawsheh/Member

Dr. Ahmad Al-Hasanat/Member

Dr. Mohammad Al-Zou`bi/ Member

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Summarized Fatawaa

What is the Islamic ruling on breaking the bones of the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah not to break the bones of the 'aqīqah. Rather, each bone should be separated at its joint — as a good omen and expression of hope for the soundness and wholeness of the newborn's limbs. However, if one does break the bones, it is not considered disliked (makrūh) — it is simply regarded as contrary to what is preferable (khilāf al-awlā). And Allah Almighty knows best.

Is it permissible for one who sacrifices on behalf of another, with the latter's permission, to eat from the sacrifice?

It is permissible for someone who sacrificed on behalf of another with their permission to eat from it with their permission, and they stand in their place (act as their representative) in distributing it.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.8/P.141): "And he—meaning the one sacrificing on his own behalf, provided he has not apostatized—has the right to eat from a voluntary sacrifice and his sacrificial gift; rather, it is recommended. As for an obligatory sacrifice, it is forbidden for him to eat from it, whether it was designated as such initially or as a liability in his dhimmah. And excluded by what has preceded is if he sacrifices on behalf of another, or if he apostatized, then it is not permissible for him to eat from it, just as it is absolutely impermissible to feed a disbeliever from it."(The text I found indicates the impermissibility of eating) ???
 
And it is stated in Hashiyat al-Jamal ‘ala Sharh al-Manhaj (Vol.5/P.262): "If a person offers a sacrifice on behalf of a living person with their permission, does he act as their representative in distributing it—on the grounds that permission to sacrifice is permission to distribute it—or does it depend on their explicit permission? This requires consideration, but the first view is not far-fetched." And Allah the Almighty knows best.

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." 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.

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