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

Is it permissible for a young man and a young woman to enter into a covenant as a married couple without having a true seclusion (Khalwah) until their marriage contract is officially concluded?

The relation which isn`t based on a marriage contract is forbidden, and entering into a covenant as a married couple is unaccounted for and is from the evil suggestions of the devil.

What is the ruling on the white discharge (*Al-Qassat al-Bayda'*) if it is in a very small amount—is it considered a sign of purity?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Among the signs of purity (Tahr) for a woman is the white discharge (Al-Qassat al-Bayda'), which is a clear, pure white fluid, regardless of whether it is minimal in quantity, or complete dryness (Jafaf), wherein secretions cease entirely such that if a white cotton cloth is inserted, it comes out completely clean. Once a woman observes either of these two signs, she has attained ritual purity.
 
Furthermore, another sign of purity is when the duration of the menstrual period exceeds the maximum limit of menstruation, which is fifteen days. If it exceeds this period, it becomes evident that she is experiencing non-menstrual bleeding (Istihadah).
 
The rulings pertaining to menstruation may be reviewed in the article: "Rulings on Menstruation and Postnatal Bleeding Every Muslim Woman Must Know." And Allah Almighty 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 the ruling on waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.