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Resolutions of Iftaa' Board

Resolution No.(28): “Confirmation of Sighting the Crescents of Ramadan and Shawaal “

Date Added : 28-10-2015

 

Resolution No.(28): “Confirmation of Sighting the Crescents of Ramadaan and Shawaal“

Date: 12/11/1413 AH corresponding to 4/2/1993.

 

The Board has reviewed the issue of confirming the sighting of the crescent in general and the crescents of Ramadan and Shawaal in particular, so it decided what follows:

The new lunar month commences upon confirming the sighting of the crescent in the western horizon after sunset of the twenty-ninth of the same lunar month. If it hadn`t appeared that night, then the month of Ramadan becomes thirty days.

The testimony of a trustworthy person who testifies that he saw the new moon in the manner indicated above is accepted if the astronomical calculations confirmed that the new moon was born.

However, if these calculations proved otherwise, then his testimony isn`t accepted because there is doubt in that regard.

Moreover, if the sighting of the new moon was confirmed in any of the Islamic states in accordance the aforementioned manner, then it must be relied on, even if the new moon wasn`t seen in the rest of the Islamic states. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Chief Justice Dr.Nooh Al-Qodaat
Acting Mufti General, Sheikh Saeid Hijjawi
Mufti of Jordanian Armed Forces, Mahmood Shwayaat
Dr. Abdassalam Al-Abbadi
Dr. Ahmad Hilayel
Sheikh Ratib Az-zahir
Dr. Mahmood As-sartawi
Ibrahim Khash-shaan

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Summarized Fatawaa

A woman has asked her husband for Khulu`, her gold, deferred portion of the dowry and furniture. Is she entitled to that, knowing that her husband doesn`t want to divorce her?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Khulu`* can`t takes place save before a judge of Sharia and he has the authority to make the suitable decision in this matter. And Allah The Almighty Knows Best.
* Khulu' is when parties agree to separate by way of consent, usually upon terms such as the wife agreeing to repay her Mahr (dowry) to the husband upon him agreeing to grant Talaq. The iddah period (waiting time after a divorce) of a woman who seeks a khula, is one menstrual cycle or one month if she is post-menopause i.e. ceased menstruating. This is to ensure she is not pregnant. This differs from when a man gives a talaq; the iddah period is three cycles or three months.

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (Sura,2/verse,228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers

Allah The Almighty Made marrying up to four women lawful, but human beings prohibit that with their own land laws. What is the position of Sharia on this?

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.
What Allah has made lawful, human beings can`t make it unlawful. However, taking the decision to marry up to four women requires material and physical abilities, in addition to having the courage to make such a decision. And Allah The Almighty Knows Best.

Is it permissible to pay the expiation of an oath to a charitable party as it feeds the poor and needy such as Tkiyet Um Ali?

There is no harm on authorizing someone to handle the expiation of another to the poor and needy, since Shafiee's jurists stated that authorizing someone for the purpose of distributing Zakah, expiation and vow is permissible as stated in [Mughni Al-Muhtajj,vol.3/pp.237]. At last, the intention of the person who intends to authorize someone else suffices in this regard. And Allah Knows Best.

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