Articles

Statement on Sighting the New Moons
Author : The General Iftaa` Department
Date Added : 07-03-2023

Bismillah al-Rahman al-Rahim

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.

Since being entrusted with the task of announcing the beginning of the lunar months, the General Iftaa` Department sights the new moons at the beginning and end of each month in compliance with the verse: "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}. The Department has adopted a precise scientific methodology based on scientific data and the examination of reports submitted by the competent authorities of astronomers. The latter perform accurate calculations of the moment the crescent is born and the conjunction occurs, the duration of its stay on the horizon, the possibility of sighting it and they present the findings to the Board of Iftaa`, Research and Islamic Studies.

Accordingly, the Department held a meeting with the astronomical and scientific authorities specialized in sighting the new moons to study the scientific data for the conditions of the birth and sighting of the new moons, among which is the moon of the holy month of Ramadan. The mansions of this moon have been monitored since the beginning of the month of Sha'ban and will continue until the beginning of the holy month of Ramadan is announced. The Department also holds scientific seminars in cooperation with the Arab Federation of Astronomy and Space Sciences, the Jordanian Astronomical Society and the Royal Geographical Centre. In these seminars, scholars of Sharia and astronomers in the Islamic world meet to exchange experiences, scientific updates and scholarly views.

After seeking The Help of Allah first, then the Iftaa` Department and the Board of Iftaa`, Research and Islamic Studies, sought the assistance of the astronomers and scientific committees to sight the new moon of the holy month of Ramadan on the 29th of the month of Sha'ban to prove the sighting of this moon. This is in compliance with the Prophetic directives embodied in the following narration: "Fast when you see it and break your fast when you see it, and if the weather is cloudy treat Sha‘ban as having thirty days." (Bukhari and Muslim).

O Allah, allow us to witness Ramadan and make it a month of blessings for the entire Muslim nation. And all perfect praise Be to Allah The Lord of The Worlds. 

 

 

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Summarized Fatawaa

What is Aqeeqah?

It is the sheep slaughtered on the seventh day from the child`s birth, and it is a confirmed Sunnah after the Prophet (PBUH).

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.

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.

What is the ruling on someone who curses the religion or commits an act of disbelief during the day in Ramadan?

Whoever apostatizes (leaves Islam) while fasting, their fast is invalid. Cursing the religion is an act of apostasy (may Allah protect us from it). Such a person must return to Islam by pronouncing the Shahadah (testimony of faith), seek Allah’s forgiveness, refrain from eating and drinking for the rest of the day, and make up for that day’s fast later.