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Resolutions of Iftaa' Board

Resolution No.(321) "Sighting the Crescent of Ramadan, 1444 AH"

Date Added : 23-03-2023

Resolution No.(321) (2/2023) by the Board of Iftaa`, Research and Islamic Studies:

"Sighting the Crescent of Ramadan, 1444 AH"

Date: (29/ Sha`ban/1444 AH), corresponding to (22/3/2023 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 3rd meeting held on the above date, the Board reviewed sighting the crescent of Ramadan for this year (1444AH) based on the astronomical calculations conducted by the Crescents Committee of the General Iftaa` Department.

 

After deliberations, 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 (Peace and blessings be upon him) 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 convened on Wednesday evening (29th of Sha`ban, 1444 AH, corresponding to 22/3/2023) 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, Thursday, (23/3/2023) is the first day of the holy month of Ramadan for this blessed year, 1444AH.

 

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 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

Sheikh Sa`eid Al-Hijjawi/ Member

Prof. Amjad Rasheed/ Member

Prof. Adam Nooh Al-Qhodat/ Member

Dr. Jamil Khatatbeh/ Member

Dr. Hasan Makhatreh/ Member

Judge Fareh Foraihat/ Member

Dr. Ahmad al-Hasanat/ Member

Dr. Mohammad Younis Al-Zou`bi/ Member

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Summarized Fatawaa

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

What is the ruling on a woman using contraception without her husband's knowledge if he is mistreating her?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the Almighty knows best.

What is the ruling on kidney dialysis while fasting in Ramadan?

Kidney dialysis breaks the fast because the dialysis fluid is nutritive, as confirmed by medical experts. Additionally, it involves the entry of substances into the body cavity (jauf).
A patient undergoing dialysis must make up for that day after Ramadan. If they are unable to do so, they must pay fidyah by feeding one needy person for each day they missed.

Which takes precedence: the 'aqīqah or the uḍḥiyyah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is an act of worship through which a servant draws closer to Allah the Almighty in gratitude for the blessing of a newborn child. It is a confirmed Sunnah for those who are financially capable, and Allah does not burden any soul beyond what it can bear.
However, the uḍḥiyyah takes precedence, as it is a confirmed Sunnah established from the Prophet ﷺ through stronger and more numerous narrations — indeed, the Ḥanafī scholars hold it to be obligatory. Furthermore, its time is narrow and limited, expiring with the passing of the days of Eid, whereas the 'aqīqah may be delayed until one becomes financially capable of performing it.
And Allah Almighty knows best.

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