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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 making up missed prayers during prohibited times?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to make up (qada’) missed prayers at any time, even during the periods when prayer is generally prohibited. The prayers that are forbidden and considered invalid during these times are 'absolute voluntary prayers' (nafl mutlaq)—which have no specific cause—and voluntary prayers whose cause follows the prayer itself, such as the Sunnah of entering Ihram or the Sunnah of the Istikharah prayer. Furthermore, no prayer is considered disliked (makruh) during these prohibited times when performed within the Meccan Sanctuary (Makkah al-Mukarramah).
 
It is stated in Bushra al-Karim (Vol.1/P.181), one of the Shafi’i texts: 'It is not forbidden to perform prayers that have a cause that is not delayed (i.e., the cause is preceding), such as making up a missed prayer (fa’itah)—even if it was a voluntary one—and the funeral prayer (janazah); or a cause that is simultaneous, such as the prayer for rain (istisqa’) or the eclipse prayer (kusuf)... and the Sunnah of wudu, the greeting of the mosque (tahiyyat al-masjid), the Sunnah of circumambulation (tawaf), the Sunnah of arrival, and the prostrations of recitation (tilawah) or thankfulness (shukr). These mentioned prayers and their like are not forbidden provided that one does not specifically intend (ta'ammud) to perform them during the disliked time because it is a disliked time. If one does so intentionally, it becomes forbidden, even if it is a mandatory makeup prayer that is due immediately; because in that case, one is acting in defiance of the Sharia. This is in contrast to when one does not specifically seek out that time, even if the prayer happens to fall within it, or if one seeks it for another purpose—such as delaying a funeral prayer to that time so that a larger number of people may pray over the deceased; in such cases, it is permissible and valid... And it is forbidden to perform prayers with no cause at all, like absolute nafl, or those with a delayed cause, such as the Istikharah prayer, the prayer for Ihram, the prayer for a need (hajah), the prayer before leaving the house, or the prayer before execution; because their causes occur after the prayer itself.' And Allah the Exalted knows best."

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 required of one who doubts the number of rakʿāt during prayer?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a person doubts the number of rakʿāt he has prayed, he should build upon the lesser number, as that is what he is certain of. He should then perform the prostration of forgetfulness (sujūd al-sahw) before the final salām at the end of the prayer. ʿAṭāʾ ibn Yasār narrated that the Messenger of Allah ﷺ said: "When any one of you is in doubt during his prayer and does not know whether he has prayed three rakʿāt or four, let him pray one more rakʿah and then perform two prostrations while seated before the salām. If the rakʿah he prayed was a fifth, these two prostrations will make it even; and if it was the fourth, then the two prostrations serve as a humiliation for the devil." (Reported by Abū Dāwūd.)
It is stated in al-Muqaddimah al-Ḥaḍramiyyah — one of the foundational texts of the Shāfiʿī school: "If one doubts whether he has prayed three rakʿāt or four, he is obliged to build upon the lesser number."
However, if such doubt recurs repeatedly and reaches the level of obsessive whispering (waswasah), he should not build upon the lesser number in that case — rather, he should build upon the greater number. And Allah the Almighty knows best.

Does passing wind, from the anus without a smell, invalidate prayer?

If a person is certain of having passed wind even if it was with no smell, then both his/her ablution and prayer are invalidated, thus he/she should remake ablution and re-perform prayer.

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