Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(280) (14/ 2019): "Sighting the Crescent Moon of the Month of Shawwal"

Date Added : 08-06-2020

Resolution No.(280) (14/ 2019) by the Board of Iftaa`, Research and Islamic Studies: "Sighting the Crescent Moon of the Month of Shawwal"

Date:(29/Ramadan/1440 H), corresponding to (3/6/2019).

 

At its seventh meeting held on the above date, the Board of Iftaa`, Research and Islamic Studies reviewed sighting the crescent of Shawwal 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 God, the Most Gracious, the Most Merciful"

Almighty Allah Said: " A token unto them is night. We strip it of the day, and lo! they are in darkness. And a Sign for them is the Night: We withdraw therefrom the Day, and behold they are plunged in darkness; And the sun runs his course for a period determined for him: that is the decree of (Him), the Exalted in Might, the All-Knowing. And the Moon,- We have measured for her mansions (to traverse) till she returns like the old (and withered) lower part of a date-stalk. is not permitted to the Sun to catch up the Moon, nor can the Night outstrip the Day: Each (just) swims along in (its own) orbit (according to Law)." {Ya-Sin, 37-40}.

He, The Exalted, also Said: "(He wants you) to complete the prescribed period, and to glorify Him in that He has guided you; and perchance ye shall be grateful." {Al-Baqarah, 185}. In addition, the Prophet said: "Observe Saum (fast) on sighting the crescent and terminate it on sighting it (the new moon), but if the sky is cloudy before you, then complete the number (thirty days) of the month." {Related by Bukhari}.

In compliance with Sharia texts, the Iftaa` Board, accompanied by the Chief Justice, the Minister of Awqaf, a number of eminent scholars of Sharia, in addition to experts of astronomy, have convened to sight the crescent moon of the month of Shawwal for the Hijri year (1440).

Based on the findingsof the Crescent Sighting Committee and the concerned authorities, which were harmonious with the astronomical calculations, it was ascertained to the Board that tomorrow, Friday, will be the first of Shawwal for this year: (1440 AH), corresponding to (5/6/2019 AD), and so it is the first day of the Eid of Fitr.

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 and the Arab and Muslim Nation. It asks Allah to Accept our fast and night prayers and shower our beloved Jordan as well as the Muslim world with peace, security, stability and blessings. And Allah the Almighty Knows Best.

 

 

Chairman of Iftaa` Board,
Grand Mufti of Jordan,
Dr. Mohammad Al-Khalayleh
Prof. Abdullah Al-Fawaz, Member
Dr. Majid Darawsheh, Member
Dr. Mohammad Khair Al-Esa, Member
Sheikh Sa`eid Al-Hijjawi, Member
Dr. Ahmad Al-Hasanat, Member
Judge Khalid Woraikat, Member
Dr. Mohammad Al-Zo`bi, Member

Prof. Adam Nooh al-Qhodat

Dr. Rashaad al-Kilaani

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Summarized Fatawaa

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

Is it permissible for a woman to uncover her face while performing Umrah (minor Hajj)?

The woman while in a state of Ihram (ritual consecration) is obligated to uncover her face and hands, but at the same time permitted to let her head-covering garment drape from her head down over her face when non-Mahram (i.e., marriageable) men pass by her. And Allah Knows Best.

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.

How does the person praying  perform the prostration (Sujud)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is an act of Sunnah for the person praying to descend for prostration (Sujud) by placing their knees first, then placing their hands on the ground, and then placing their nose and forehead simultaneously. It is obligatory that the toes of the feet be on the ground, directed towards the Qibla. And Allah the Exalted knows best.