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Resolutions of Iftaa' Board

Resolution No.(238): "Sighting the Crescent of Ramadan,1438 AH"

Date Added : 29-05-2017

 

Resolution No.(238) (6/2017)

"Sighting the Crescent of Ramadan, 1438 AH"

Date: (29/ Sha`ban/1438 AH), (26/5/2017).    

 

All perfect praise be to Allah, The Lord of The Worlds, and may his peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

On its sixths session held on the above date, the Board of Iftaa`, Research and Islamic studies reviewed sighting the crescent of Ramadan for this year/1438 on basis of the astronomical calculations conducted by the crescents committee of the General Iftaa` Department. 

After deliberations, the Board decided the following:

In The Name of Allah, Most Gracious,  Most Merciful

Allah, The Almighty, Said (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 Said (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 (PBUH) said: "Observe fast on sighting it (the new moon) and break it on sighting it." {Related by Bukhari}.

In compliance with Sharia texts, the Iftaa` Board convened on Friday evening (29th of Sha`baan, 1438 AH, corresponding to 26,5,2017) to sight the crescent of Ramadan, accompanied by the Chief Justice, the Minister of Awqaf, a number of eminent scholars, and experts of astronomy.

Based on the results arrived at by the crescent sighting committee of the General Iftaa` Department and the concerned authorities, and which were harmonious with the astronomical calculations, it was ascertained by the Iftaa` Board that tomorrow, Saturday, is the first day of the holy month of Ramadan for the year 1438 AH, corresponding to 26,5,2017AD.

Accordingly, the Board of Iftaa`, Research and Islamic Studies is privileged to extend the warmest congratulations to His Majesty King Abdullah the second 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 as well as the Arab and Muslim Nations. It prays that Allah makes it a month of peace, security, faith, goodness and piety. And may Allah accept our fasting and night prayers. And Allah Knows Best.

 

Chairman of Iftaa` Board,
Grand Mufti of Jordan,
Dr. Mohammad Al-Khalayleh
Vice Head of teh Iftaa' Head /Sheikh Abdulkareem Al-Khasawneh

Prof. Abdullah Al-Fawaaz/ Member

Mohammad Khair Al-Issa/ Member

Dr. Wa'el Arabiat/ Member

Dr. Majid Darawsheh/ Member
Sheikh Sa`eid Al-Hijjawi/ Member
Judge Khalid Woraikat/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Al-Zobi/ Member
Dr. Mohammad Al-Zou`bi/ Member

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Summarized Fatawaa

Is Zakah (obligatory charity) due on articles of merchandise even if they were stacked in the merchant`s stores for years?

Yes, Zakah is due on goods even if they were stacked in merchant`s stores for years, in this manner Islam struggle against monopoly.

What is the ruling on a second congregation [being formed] in the mosque?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is disliked to deliberately seek to establish a second congregation in a mosque that is not one frequented by transient passersby — such as a neighborhood mosque with a regular, appointed imam — unless permission is granted by that imam, since doing so implies criticism and an affront to him. However, if the mosque is one frequented by transient passersby — such as mosques located in marketplaces — then a second or even third congregation is permissible there, whether or not it has a regular, appointed imam, and whether or not that imam gives his permission. This is because such mosques experience a continuous flow of people coming and going, so no implication of criticism toward the imam is perceived in the formation of multiple congregations in that setting. And Allah, the Exalted, knows best.

Is it permissible for a guardian (Big brother) to unlawfully stop his sister from getting married?

If the guardian denies her right in getting married for an unlawful reason, she should go to court in order to settle that matter, and the guardian is considered sinful in this case.

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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