Resolutions of Iftaa' Board



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

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.

Is it permissible for an elderly person, a pregnant woman, or someone with a chronic illness to pay fidyah before Ramadan begins?

It is not permissible for an elderly person, a pregnant woman, or someone with a chronic illness to pay fidyah before Ramadan begins.
Additionally, it is not allowed to pay fidyah for more than one day in advance, because fidyah is a substitute for fasting, and fasting is not yet obligatory at that time.
However, it is permissible to pay fidyah for a single day in advance, by analogy with paying zakat up to one year in advance.

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 wife to leave her house without asking her husband?

It is impermissible for the wife to leave her house without asking her husband except for a sound reason.