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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

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 of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

Is it permissible for a mother to stop her daughter from marrying a respectable, God-fearing young man because he isn't college/university graduate?

It is impermissible to deny a woman her right in getting married except for a lawful reason, and problems can be solved through dialogue. However, she can file a suit in order for the judge to have a say in that regard.

What is the ruling on ablution if vaginal discharge is expelled, and is it impure?

If these discharges exit from the external genitalia (apparent part of the vagina), they are not impure and do not invalidate ablution. If they exit from the internal part, they are impure and do invalidate ablution. If it is uncertain whether they are from the internal or external part, they are not impure and do not invalidate ablution.
 
The apparent part is what becomes visible when sitting, and what the husband's penis reaches during intercourse is considered part of the apparent. The internal part is what is beyond that. And Allah the Almighty knows best.

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