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Resolutions of Iftaa' Board

Resolution No.(301): "Sighting the Crescent of Ramadan,1442 AH"

Date Added : 14-04-2021

Resolution No.(301)(5/2021) by the Board of Iftaa`, Research and Islamic Studies:

"Sighting the Crescent of Ramadan, 1442 AH"

Date: (29/ Sha`ban/1442 AH), corresponding to (12/4/2021 AD).

 

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.

At its fifth session held on the above date, the Board reviewed sighting the crescent of Ramadan for this year (1442) based on the astronomical calculations conducted by the Crescents Committee of the General Iftaa` Department. 

After deliberating, the Board arrived at the following decision:

In the Name of Allah, Most Gracious, Most Merciful

Allah, The Almighty, Says {What means}: "Ramadhan is the (month) in which was sent down the Qur’an, as a guide to mankind, also clear (Signs) for guidance and judgment (Between right and wrong). So every one of you who is present (at his home) during that month should spend it in fasting" {Al-Baqarah/185}. Allah also Says {What means}: "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}. Moreover, the Prophet (PBUH) says: "Observe fast on sighting it (the new moon) and break it on sighting it." {Related by Bukhari}.

In compliance with the texts of Sharia, the Iftaa` Board Board convened on Monday evening (29th of Sha`ban, 1442 AH, corresponding to 12/4/2021) to sight the crescent of Ramadan (the new moon).

Based on the findings of the Crescent Sighting Committee, which were harmonious with the astronomical calculations, at The General Iftaa` Department and other specialized authorities, it was ascertained to the Board that tomorrow, Tuesday, (13/4/2021) is the first day of the holy month of Ramadan for this blessed year, 1442 AH. 

On this blessed occasion, the Board extends the warmest of congratulations to His Majesty King Abdullah the Second Ibn Al-Hussein, His Crown Prince, and the Hashemite Family, praying that Allah Protects His Majesty and Grants him a good health.

The Board also extends its congratulations to the people of Jordan as well as the Arab and Muslim Nation. It also prays that Allah makes it a month of peace, security, faith, goodness and piety. And may Allah Accept our fast and night prayers. And Allah The Almighty Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Sheikh Abdulkareem Al-Khasawneh

Dr. Mohammad Al-Khalayleh, Member          Professor Mahmoud al-Sartawi, Member

Dr. Majid al-Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member            Judge, Dr. Samer al-Kobbaj, Member

Prof. Adam Nooh Al-Qhodaat, Member

Professor Amjad Rasheed, Member   Dr. Jameel Khatatbeh, Member

Dr. Ahmad Al-Hasanat, Member

Dr. Mohammad Al-Zou`bi, Member

 

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Summarized Fatawaa

Is an animal that results from crossbreeding between two types of livestock (an'ām) valid [for sacrifice]?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
An animal that results from crossbreeding between two types of livestock (an'ām) is valid [for sacrifice], with consideration given to the higher of the two required ages. Thus, in the case of an animal crossbred between sheep (ḍa'n) and goats (ma'z), only one that has reached two years of age is valid [for sacrifice]. And Allah, the Most High, knows best.

What is the ruling on using an inhaler while fasting?

Using an inhaler through the nose or mouth breaks the fast because the medication in these inhalers is intended to reach the lungs, which are considered part of the body cavity (jauf).
● If a person needs to use it occasionally, they may use it while fasting, continue refraining from food and drink for the rest of the day, and make up for the missed fast later.
● If a person needs to use it daily, they may use it while fasting, continue refraining from food and drink, and pay fidyah (feeding one needy person per missed day).

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.

Can a person required to give kaffarah feed it to their own family members?

The kaffarah must be given to the poor and needy who are not financially dependent on the one giving the kaffarah.
If a person feeds it to their own family members, it does not count as kaffarah, and their obligation remains unfulfilled.

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