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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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

I`m married to an American citizen who used to be married to a man in Mexico and filed for divorce there. It is worth pointing that in America she isn`t registered as married. When she arrived in Jordan, her lawyer called and told her that she got the divorce, and based on this we got married in Jordan. What is the ruling of Sharia on this?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
You haven`t mentioned whether this woman has converted to Islam or not. If she had embraced Islam and three menstrual cycles passed, but her first husband hasn`t converted to Islam, then her relationship with him is over. If you married her after this (Passing of three menstrual cycles and first husband not having embraced Islam) then your marriage is valid. However, if she didn`t convert to Islam then your marriage contract with her is invalid and you have to wait until she gets divorced by her first husband and observes Iddah, which is three menstrual cycles. Afterwards, you can conclude the marriage contract. We pray that Allah doesn`t hold you to account for what you have done because you thought she was divorced. We recommend that you seek Allah`s forgiveness as much as you can and do righteous deeds. We also advise you to marry a Muslim woman to preserve your and your children`s religion since Almighty Allah says {What means}: " Wed not idolatresses till they believe…" {Al-Baqarah, 221}. It is true that marrying a Kitabi (One who believes in a book of sacred scriptures and with whom a Muslim may marry in what is deemed a lawful marriage) is permissible, it involves great risks, as stated in the aforementioned verse. And Allah the Almighty knows best.

Is it permissible to divide the Aqeeqah amongst one`s brothers and family?

Giving a portion of the Aqeeqah, even a small one, to the poor and needy is obligatory, and if one`s brothers and family are among the needy then, they are more entitled to it, and this way it is a charity and an observation of kinship ties. However, if they aren`t needy then, it is permissible to give them from the Aqeeqah after giving the poor and needy their share.

Is the `Iddah (waiting period) of the divorced effective from the time the divorce took place, or from the time of registering it at the court?

It is considered effective from the time the divorce took place, and not from the time of registering it at the court.

Is it permissible for a woman to visit the doctor while in her `Iddah(waiting period)?

It is permissible for her to do that during day time, but it is impermissible for her to go out at night except for a sound reason.

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