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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No. (323): "Sighting the Crescent Moon of the Month of Shawwal, 1444"

Date Added : 27-04-2023

Resolution No.(323)(4 /2023) by the Board of Iftaa`, Research and Islamic Studies:

"Sighting the Crescent Moon of the Month of Shawwal, 1444"

 

Date :(29/Ramadan/1444 H), corresponding to (20/4/2023).

 

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 fifth 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 (1444 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, Friday, 21/4/2023, will be the first of Shawwal for this year: (1444 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.

 

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Summarized Fatawaa

What is the ruling on a suitor (khāṭib) going out alone with his fiancée before the marriage contract is concluded?

It is unlawful for a suitor, prior to the marriage contract , to do anything that would be unlawful for any non-maḥram man — including touching his fiancée, being secluded with her (khalwah), or seeing her without her complete sharī‘ah-compliant covering — even after the recitation of al-Fātiḥah (This is a cultural custom to seek Allah's blessing (barakah) and mark mutual consent) and the family's approval [of the engagement]. This is because the engagement, without the formal marriage contract, does not render unlawful matters permissible. And Allah, the Exalted, knows best.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

What is the ruling of Islamic Law on the prayer of zawal?

 

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended (sunnah) to pray four rakʿāt — either with a single tasleem or as two separate sets of two rakʿāt — immediately following the sun's decline from its zenith (zawāl). This prayer is distinct from the regular Sunnah prayer of Ẓuhr (sunnat al-ẓuhr al-rātibah), as explicitly stated by the Shāfiʿī jurists.
It is mentioned in Nihāyat al-Muḥtāj: "The prayer of zawāl is offered after the sun's decline — so were one to perform it before that, it would not count. It consists of two or four rakʿāt and is distinct from the Sunnah of Ẓuhr, as is evident from the fact that it is mentioned separately after the regular Sunnah prayers, and it becomes a make-up prayer (qaḍāʾ) if a long period of time passes by customary reckoning... Al-ʿAlqamī stated: 'Scholars refer to this as the Sunnah of Zawāl, and it is distinct from the four rakʿāt that constitute the Sunnah of Ẓuhr.' Our shaykh said: Al-Ḥāfiẓ al-ʿIrāqī stated that among those who explicitly affirmed its recommendation was al-Ghazālī in al-Iḥyāʾ, in the chapter on devotional litanies, noting that there is no tasleem between them — meaning there is no break between each pair of rakʿāt."
The time of the sun's decline (zawāl) marks the very beginning of the time for the Ẓuhr prayer.
And Allah the Almighty knows best.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

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