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Resolutions of Iftaa' Board

Resolution No.(275): "Sighting the Crescent of Ramadan, 1440 AH"

Date Added : 06-05-2019

Resolution No.(275)(9/2019), By The Board of Iftaa', Researches and Islamic Studies:

"Sighting the Crescent of Ramadan, 1440 AH"

Date: (29/ Sha`ban/1440 AH), corresponding to (5/5/2019 AD).

 

All perfect praise be to Allah the Lord of the Worlds and may his peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

On its fifth session held on the above date, the Board reviewed sighting the crescent of Ramadan for this year (1440) based on the astronomical calculations conducted by the Crescents Committee of the General Iftaa` Department.

After deliberating, the Board decided the following:

In the Name of Allah, Most Gracious, Most Merciful

Allah, The Almighty, Said (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 Said (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) said: "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 accompanied by the Chief Justice, the Minister of Awqaf, a number of eminent scholars, and experts of astronomy convened on Sunday evening (29th of Sha`baan, 1440 AH, corresponding to 5/5/2019) to sight the crescent of Ramadan (the new moon).

Based on the findings-which were harmonious with the astronomical calculations - of the Crescent Sighting Committee at the General Iftaa` Department and other specialized authorities, it was ascertained to the Board that tomorrow, Monday, will complement the month of Sha`baan. Consequently, Tuseday will be the first day of the holy month of Ramadan for the year 1440 AH, 5/5/2019 AD.

Accordingly, the Board is pleased to extend the warmest of congratulations to His Majesty King Abdullah the second Ibn Al-Hussein, His crown Prince, and the Hashemite Family on this blessed occasion. May Allah protect His Majesty and grant Him good health.

The Board also extends its congratulations to the people of Jordan as well as the Arab and Muslim Nation. It 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,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Dr. Ahmad Al-Hasanat, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Mohammad Al-Zou`bi/ Member

Prof. Adam Nooh Al-Qhodaat/Member

Dr Mohammad Khair al-Esa/Member

Dr. Rashaad Al-Kelaani/Member

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Summarized Fatawaa

I hired a private tutor for my son through an academy that sends teachers [to families] and takes a percentage [of their pay]. At the start of the [new] school year, I arranged directly with that same teacher, without the academy's knowledge. What is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ruling on this matter depends on knowing the specific terms of the agreement and contract concluded with the academy. If the agreement stipulates that no arrangement may be made with any of the students except through the academy itself, then it is not permissible for you to breach the terms of this contract, based on the words of our master, the Messenger of Allah ﷺ: "Muslims are bound by their conditions." (Related by al-Bukhārī)
However, if the agreement pertains only to teaching a specific subject, and the agreement concludes once that subject is finished, then there is no objection to arranging with the teacher to teach other subjects after the contract period has ended, outside of the academy.
Whatever the case maybe, the teacher must uphold the terms of his contract with the academy. And Allah, the Exalted, knows best.

Do pregnant and breastfeeding women have to fast?

Pregnant and breastfeeding women are required to fast. However, if fasting causes them harm or unusual hardship, they may break their fast but must make up for the missed days later.
If they break their fast solely out of fear for the fetus or the child, then they must both make up the fast and give fidyah (feeding a needy person for each missed day), as the benefit of breaking the fast was only for the child.

What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.
 
The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted knows best."

What is the ruling of Islamic Law on performing ṭawāf on the upper floors of al-Masjid al-Ḥarām, given that these floors are situated above the level of the Ka‘bah, and that the one performing ṭawāf passes by certain barriers, such as pillars and walls, during the ṭawāf?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
There are numerous conditions for the validity of ṭawāf (circumambulation around the Ka‘bah), among them: that the one performing ṭawāf be inside the Masjid (al-Masjid al-Ḥarām) — even if the Masjid has been expanded, so long as the expansion does not extend out into al-ḥill (land outside the sanctuary boundaries). It suffices for the ṭawāf to be performed in the airspace of the Masjid or upon its roof, even if that roof is higher than the Ka‘bah (the House) itself.
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It [ṭawāf] is valid upon the roof of the Masjid, even if the roof of the Masjid is higher than the House — just as prayer [is valid] upon Mount Abū Qubays despite its elevation above the House. This is the relied-upon (mu‘tamad) position." [Mughnī al-Muḥtāj, Vol.2/P.246]
The validity of the tawaf isn`t affected by the pillars and walls standing between the one performing ṭawāf and the House, since the condition is only that the person performing ṭawāf be within the boundaries of the Masjid and outside the boundaries of the Ka‘bah itself.
Ash-Shirbīnī said: "It [ṭawāf] is valid inside the Masjid, even if it is expanded, and even if a barrier stands between the one circumambulating and the House — such as a water-supply structure (saqāyah) or pillars (sawārī)." [Mughnī al-Muḥtāj, Vol. 2/P.246]
Accordingly, ṭawāf performed on the upper floors is valid, and the presence of barriers such as pillars and walls during the ṭawāf does not affect its validity. And Allah, the Exalted, knows best.

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