Archive for the ‘Fatwa’ Category

Difference in Moon-Sighting

What about the differences in moon-seeing which is nearly the same as the question of brother Khalyfah from Germany who started fasting according to Libya moon-seeing. What is your opinion in this regard, sheikh?

In the name of Allah, the All-Merciful, the Mercy-giving. There is a difference of opinion whether it is obligatory to fast Ramadan upon seeing the moon anywhere in the world or each country should observe its own moon-seeing as in hadith of Kuryb. This is a kind of agreeable difference of opinion.
Moreover, as the times of Prayers differ from one country to the other, there should be no problem over the different times of fasting. The crescent may appear to one country and disappear to the other if it sets before sunset. When the crescent sets before sunset, it is considered unborn at that time. But if all Muslims fast at the same moon-seeing, which is the position of the majority, there will be no problem.
What is important is that we have to depend on seeing it. In the Sunnah we read “Observer fasting when you see it [i.e. the new moon] and break your fast when you see it [again]” and “Do not observe fasting until you see the crescent.” This is a strong assertion from the lawgiver. Thus it must be seen actually. Those who depend on astronomical calculations have to depend on such calculations that prove the ability to see the crescent. However, if the calculations say that it will be there but it cannot be seen by naked eye, this cannot be relied on. Thus we rely on such calculations in negation not in affirmation because when the crescent is in a state of conjunction, which I call the period of sinking down, it is unborn though it has come to existence. Therefore, we say that people have to see it.

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Does Sourness in the Throat Break the Fast?

I want to ask about whether sourness or sweetness that comes up to one’s throat without reaching the mouth breaks one’s fasting or not. After I have the predawn meal and go to bed, I feel like something comes up to my throat. Does this break my fast?

If this sour substance does not reach the throat, it is nothing. If one involuntarily vomits, there will be nothing upon him. But if he intentionally vomits, he will have to make the day up.
It is just that one sometimes feels of something sour which he has no control over.
He is not obliged to do anything, if he has no control over it and nothing comes out.

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I Wear a Splint, how to Purify Myself?

My question, sheikh, is that I underwent a surgery before Ramadan and now I wear a splint on my leg. How can I remove janabah (major ritual impurity) to read the Quran and perform other acts of worship, particularly in Ramadan?

You have to wash yourself up and wipe over the splint with water. You do not have to wash it but only wash the other parts. This wiping over the splint is sufficient for you according to the hadith.

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The General Regulations of Acting upon Licenses

I want the sheikh to talk even briefly about licenses and their regulations. We see on the internet strange kinds of licenses. Some people allow performing the Prayer before its due time and some people go with the time of Mecca with regard to breaking fasting. We need guidelines for these people even if some of them have excuses.
For example, in some districts here in France `Isha Prayer comes late at some months and hence some people give fatwa that only one hour should be observed [after Maghrib] and then one may perform it. But I wonder how could we observe the original timing in other Prayers and disregard it with regard to `Isha Prayer? Moreover, some people allow following the timing of Mecca with regard to breaking the fast on days of long daytime as in Norway and the like countries. We need a brief word about the general regulations of acting upon licenses. We studied this issue, but we need the sheikh to shed more light.

I would like to say that license stands for a ruling changed to another easier one due to some excuse in spite of the existence of the original effective cause. We have to take all these details into consideration. If the original effective cause is no longer existent, this cannot be called license. Accordingly, breaking one’s fasting while traveling is a license because the original effective ruling, which is the obligation of fasting, is still existent and therefore if he fasts, his fasting will be valid. This is license which is regulated by a set of regulations. None can leave out the original ruling unless the reasons of the license are ascertained. The original ruling is the basic universal principle as al-Shatibit said. This universal principle cannot be broken if one is in doubt about the license. Only if the reason of the license is ascertained, one can move to the license.
With regard to the issues the questioner asked about, those who break their fasting according to the timing of Mecca actually do not have license to do that. They have to observe fasting during their daytime and break it when the sun sets. He also mentioned the issue of the long day which causes big problem these days. As long as there is day and night, there is no text from the lawgiver that indicates the validity of not observing fasting in this case. But if one finds during the day that he suffers hardship, he may break his fasting in that day to make it up later just as the case with the hardship of traveling and of sickness; this is the opinion of the Hanifites who said that severe hunger and hardship allow breaking fasting. The Malikites also a similar fatwa to shepards and to those who dig wells.
Thus the ruling of this case should be ascertained. I hope that they understand this. The sign is the day and the night. They have to fast during daytime; but if someone finds hardship, such as workers in factories and trains and the like cases, such a person can break his fast during the day if he suffers hardship that makes him too weak to work. Thus breaking the fast in this case is based on this hardship not on the difference of timings or the length of the day, for fasting is obligatory during daytime.

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Negligence after Ramadan

Our venerable sheikh, one question puzzles me. Fasting in Ramadan is not only to abstain from bodily desires of sex and food. It is a sort of training for the soul to become pure, to respect others, and to stay away from grave sins in general. But with the advance of time we have started to give Ramadan more propaganda via satellite channels during the month…
My question is why do I see after the elapse of Ramadan the spread of corruption, injustice, lying, disputes, and prohibited practices? What is the reason? Has fasting become and ordinary practice for the majority?

In fact, it is a responsibility that we all share to call to the way of Almighty Allah and to ask people to adhere to the word of piety and to be after Ramadan as they were during Ramadan. Evil souls among jinn and human beings do their utmost in this point. Thus, everybody should shoulder the responsibility and make some effort to guide people to the straight path; each one according to his level of ability. The person in authority should use his authority to do this. Scholars and callers to the way of Allah should provide clarification and proof and call people to the true path. The lay person should do as far as he can and at least deny evil practices by his heart.

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