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 the wisdom behind the legislation of fasting?

Fasting is a divine school from which the believer learns much and trains in virtues that may be needed in life. Among these virtues is patience, as it is the month of patience. Fasting also teaches honesty and consciousness of Allah in both private and public, for there is no observer over the fasting person in abstaining from lawful pleasures except Allah alone.
Fasting strengthens willpower, sharpens determination, and nurtures mercy and compassion among the servants of Allah. It is a struggle against the self, a restraint of desires, a purification of the soul, and a cultivation of goodness.
The Prophetﷺ said: "Allah, the Almighty, said: ‘Every deed of the son of Adam is for him, except for fasting; it is for Me, and I shall reward for it. Fasting is a shield. So when one of you is fasting on a day, let him not engage in obscene speech or raise his voice in anger. If someone insults him or fights him, let him say: I am a fasting person. By Him in whose hand is the soul of Muhammad, the breath of the fasting person is more pleasant to Allah than the fragrance of musk.’" [Bukhari and Muslim]
 

What is the ruling on someone who fasts but does not pray?

A Muslim must be diligent in fulfilling all obligations, and after the Shahadah, prayer is the most important duty.
● If someone abandons prayer out of disregard, they are considered a disbeliever, and their fasting is not accepted.
● If they abandon prayer out of laziness, they are still a Muslim, and their fasting remains valid, but they have committed a grave sin by neglecting prayer.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

Must a woman seek her husband's permission to fast a make up fast (qada)?

● If there is ample time to make up for the missed fasts, a woman should seek her husband's permission before fasting.
● However, if the time is running out—such as when only the remaining days of Sha'ban are sufficient to complete the qada—she does not need his permission and must fast, because Allah’s command takes precedence over the husband's consent.