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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

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.

What is the ruling on a person in a state of major impurity (junub) or a menstruating woman (ha'id) reciting the Quran from memory?

It is not permissible for a menstruating woman, a postpartum woman, or a person in a state of major impurity to recite anything from the Quran, whether from memory, from the Quran, from a phone, or a computer. It is also not permissible for them to touch the Quran, based on what was reported from Ali bin Abi Talib that the Prophet (peace be upon him) was not prevented from anything regarding the Quran except major impurity (janabah). (Reported by al-Tirmidhi who said it is a hasan sahih hadith). Menstruation and postpartum bleeding are analogous to major impurity (janabah) as they are all major impurities (hadath akbar).
For those mentioned, it is permissible to mention Allah and supplicate even with verses from the Quran, provided they do not intend them as recitation of the Quran, but intend them as remembrance (dhikr) or supplication (du'a). And Allah the Almighty knows best.

What is the ruling on performing istinja' after passing wind from the anus?

Ablution is invalidated by passing wind from the anus, even without a smell. Only ablution becomes obligatory from it. Istinja' is not obligatory nor recommended. And Allah the Almighty knows best.

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.

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