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Resolutions of Iftaa' Board

Resolution No.(280) (14/ 2019): "Sighting the Crescent Moon of the Month of Shawwal"

Date Added : 08-06-2020

Resolution No.(280) (14/ 2019) by the Board of Iftaa`, Research and Islamic Studies: "Sighting the Crescent Moon of the Month of Shawwal"

Date:(29/Ramadan/1440 H), corresponding to (3/6/2019).

 

At its seventh meeting held on the above date, the Board of Iftaa`, Research and Islamic Studies reviewed sighting the crescent of Shawwal for this year (1440) based on the astronomical calculations conducted by the Crescents Committee of the General Iftaa` Department.

After deliberating, the Board decided the following:

 

"In the name of God, the Most Gracious, the Most Merciful"

Almighty Allah Said: " 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 Said: "(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 said: "Observe Saum (fast) on sighting the crescent and terminate it on sighting it (the new moon), but if the sky is cloudy before you, then complete the number (thirty days) of the month." {Related by Bukhari}.

In compliance with Sharia texts, the Iftaa` Board, accompanied by the Chief Justice, the Minister of Awqaf, a number of eminent scholars of Sharia, in addition to experts of astronomy, have convened to sight the crescent moon of the month of Shawwal for the Hijri year (1440).

Based on the findingsof the Crescent Sighting Committee and the concerned authorities, which were harmonious with the astronomical calculations, it was ascertained to the Board that tomorrow, Friday, will be the first of Shawwal for this year: (1440 AH), corresponding to (5/6/2019 AD), 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 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 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. And Allah the Almighty Knows Best.

 

 

Chairman of Iftaa` Board,
Grand Mufti of Jordan,
Dr. Mohammad Al-Khalayleh
Prof. Abdullah Al-Fawaz, Member
Dr. Majid Darawsheh, Member
Dr. Mohammad Khair Al-Esa, Member
Sheikh Sa`eid Al-Hijjawi, Member
Dr. Ahmad Al-Hasanat, Member
Judge Khalid Woraikat, Member
Dr. Mohammad Al-Zo`bi, Member

Prof. Adam Nooh al-Qhodat

Dr. Rashaad al-Kilaani

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Summarized Fatawaa

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 regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

Is Zakah (obligatory charity) due on leased property, and how is it calculated?

Zakah isn`t due on the leased property itself, but on the saved income from that property if it reached Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over saving it.

What is the ruling on Friday Ghusl (ritual bath)?

Friday Ghusl is a confirmed Sunna (Prophetic tradition) even if a person wasn`t in a state of Janbah (ritual impurity), or physically unclean. However, one who doesn`t make Ghusl on Friday isn`t sinful for the Prophet (PBUH) said: "It is good for a Muslim to make ablution for Friday prayer, but it is better to make Ghusul. [At-Tirmithi & Abu Dawood].

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