Sighting of the moon

What is said about sighting the crescent in the Quran? They ask you about the crescents. Say: They are but signs to mark fixed periods of time in the affairs of men and for pilgrimage. (TMQ 2:189) Whoever witnesses the crescent of the month, he must fast the month. (TMQ 2:185) What is said about sighting the crescent in the Sunnah? Abu Hurayrah narrates that Allahs Messenger (SAW) said: Observe fast on sighting it (the moon) and break (fast) on sighting it (the new moon). If sky is cloudy for you, then complete the number (of thirty). (TMH Sahih Muslim, 2379) Abu Hurayrah narrates that Allahs Messenger said: Observe fast on sighting it (the new moon) and break it on sighting it. But if (due to clouds) position of the month is concealed from you, you should then count thirty (days). (Shih Muslim, 2380) Abdullah Ibn Umar narrates that Allahs Messenger (SAW) once mentioned Ramadhan and said: Do not begin the fast until you see the moon, and do not break the fast (at the end of Ramadhan) until you see it. If the new moon is concealed from you, then work out (when it should be. (TMH Al-Muwatta, 18.1.1) Abdullah Ibn Abbas narrates that Allahs Messenger (SAW) once mentioned Ramadhan and said: Do not start the fast or break it until you see the new moon. If the new moon is obscured from you, then complete a full thirty days. (TMH Al Muwatta, 18.1.3) Abu Umayr Ibn Anas reported on the authority of some of his paternal uncles who were companions of the Prophet (SAW): Some men came riding to the Prophet (SAW) and testified that they had sighted the new moon on the previous day. He, therefore, commanded the people to break the fast and to their place of prayer in the morning. (TMH Abu Dawood, 1153) Abdullah ibn Abbas narrates that a Bedouin came to the Prophet (SAW) and said: I have sighted the moon. Al-Hasan added in his version: that of Ramadhan. He asked: Do you testify that there is no good but Allah? He replied: Yes. He again asked: Do you testify that Muhammad is the Apostle of Allah? He replied: Yes. And he testified that he sighted the moon. He said: Bilal, announce to the people that they must fast tomorrow. (TMH Abu-Dawood, 2333) Fasting: Through Moon Sighting or Calculations? Before addressing the subject at hand, certain points must be made clear. The sources of legislation are: Quran, Sunnah, and Ijmaa Sahabah and Qiyas is an extension of a Sharia rule from the original case to a new one because the latter has the same elective cause (Ellah) as the

former. Example: Prohibiting selling during the Friday prayer can be extended to include all activities that occupy Muslims from performing Jumaa prayer. However, in Ibadat, qiyas cannot be used since no rule is presented by an ellah. Ibadat are taken only by the text. Thus, The Quran, Sunnah and Ijmaa Sahabah are the only sources in this issue. Moon Sighting or Calculations? All Hadiths mention the sighting of the Moon. If you sight the new moon, observe fast, and if you sight it (new moon of shawwal), break fast, but if you are clouded over, then observe the 30 days. Observe fast on sighting it (the new moon, the crescent) and break it on sighting it Do not fast until you see the new moon or complete the period (referring to Shaban) Do not fast till you see the new moon, and do not breakfast till you see it, but if the weather is cloudy, calculate for it. The above Hadiths are very clear in connecting the fasting to the sighting of the moon. However, in the event we are clouded over, then we have to complete the 30 days of Shaban. Calculations While the word Raa could mean knowledge, it is not correct to take this meaning here because linguistically speaking, 1. Raa, if it takes one object, it means to visualise that object through the eye. i.e. He saw the moon. However, if Raa takes two objects, then it could mean to know. i.e. He knew the right opinion 2. If Raa is used in reference to a tangible thing, then it means to visualise that thing by the eye. However, if it is used in reference to an idea or an abstract thing, then it could mean knowledge. Therefore, since Raa is used in reference to a tangible thing, the moon, and the sentence, grammatically speaking, has only one object, the moon, then it means to visualise/sight. Omar (ra) reported that the Prophet said, We are unlettered (ummiyah) people, we neither write nor calculate. The month is this way and that, sometimes 29 days and sometimes 30. Those who calculate say that the command in this hadith, that is to sight the moon, is accompanied by a reason which justifies the command. The justification being that the Ummah was unlettered (we neither write nor calculate). The ruling, in terms of its validity, goes only as far as its justification. For if the Ummah has emerged from its

unlettered state and is able to write and calculate, then it becomes essential that it rely on the calculations alone. However, this argument is wrong due to the following: 1. The description of the Ummah in this hadith, that it is Ummiyah does not imply ellah. The word Ummiyah could mean Arab (see Surah 62:2). We neither write (naktub) nor calculate (nahsib). The Arabic word Nahsib in this Hadith carries many meanings. It could mean, we do not use astronomical calculations to determine the legal (Sharie) beginning and end of the month. It could also mean, we do not practice astrology (astrology requires calculations). This word in this Hadith, however, does not mean general calculations. This is due to the fact that the Muslim Ummah, then as well as now, uses calculations in Zakah, inheritance, and in many other matters. Therefore, claiming that this Hadith describes the situation of the Ummah at that time as unable to calculate is untrue. Consequently, claiming that this description is an ellah is absurd. Furthermore, assuming that the state of the Ummah is as such, then how, when and by which criteria can a Mujtahid determine that this state no longer exists!! 2. Ibn Hajar al Askalani, who was quoted in this regard, never mentioned that this rule is accompanied by ellah. 3. Ahmad Shaker who was quoted to have said that this description is ellah, later abandoned this interpretation. He wrote to another scholar saying that he had abandoned this interpretation. (refer to Arabic Fiqh al Nawazil by Baker Abu Zaid). 4. Assuming that this is ellah, the qiyas on this issue is invalid due to two reasons: a) One of the important requirements to be considered in an issue is that the qiyas must not contradict another text of a hadith. Do not fast until you seethe moon makes it very clear that we should not fast or break the fast until we see the moon. Therefore, if the moon is not sighted, even though according to the calculations, it should have been, we still do not fast due to the text. b) The Qiyas is not a daleel in Ibadat. If calculations are used in our prayers then why not in fasting? This is not an accurate comparison because in prayers, we observe the solar movement and document the position of the sun during the year, which is fixed. However, assuming, if the sun did not set according to the set schedule, then obviously, the schedule must be ignored. So, scientifically speaking, Qiyas is invalid due to the differences between the solar and the lunar system. Legally speaking, Qiyas is not applicable here since it cannot be used in Ibadat which are taken by the daleel. A woman is not asked to make up the prayers missed during her menstruation. However, she is obligated to make up the days of Ramadhan she did not fast due to menstruation, simply because the text waived her from making up the prayers and not fasting. Therefore, astronomical calculations cannot

be taken. Ibn Abbas reported that the Prophet said, Do not pre-set the month (meaning Ramadhan) The Ahadith talked about sighting the moon, not the birth of the moon. The lunar month does not start legally with the birth of the moon but rather by the sighting. Although the birth can be determined by any means, the legal beginning of the month must be exclusively by sighting.

Claiming that sighting the moon is uncertain but the astronomical calculations are certain It is not true that astronomical calculations are accurate. There are different schools in astronomical calculations and they vary in their results. This variation could be off by hours and this could mean a difference of a night! Besides, scientifically, results cannot be judged without experimentation and on this issue, the moon must be sighted to prove the validity of the results-this takes us back to the sighting of the moon. The sighting is the sabab or the legal reason for fasting, just as the sunset is the sabab (reason) for Salatul Maghrib or having a minimum amount of gold or silver for one year is the reason for paying Zakah. The sabab or the legal reason for things, such as fasting, praying, paying Zakah, etc. is taken from the text and it cannot be changed. The sabab is part of Al Hukm Al Wadi (circumstantial command). It is important to mention that Hukm Shari, defined as the address of the Legislator, can be either commissioning commands (Hukm Taklifi), such as commanding us to pray, not to drink wine, etc. or they can be circumstantial commands (Hukm Wadi) such as considering sunset as a legal reason for Maghrib prayer. Circumstantial rules are as important as the commissioning rules and they both need a text; this is the abc of Usul Fiqh. The human intellect has nothing to do with them in terms of changing, abrogating, restricting or deleting the rule. Therefore, the sabab for fasting is not the birth of the moon and it is not knowing that the moon is born. The sabab for fasting is the sighting of the moon and this sabab cannot be changed or replaced. As for those who say that sighting is just a means and thus can be changed, it has to be pointed out that analysing the text shows it to be a sabab not a means; the hadith orders us not to fast if the moon is not sighted. One Sighting is enough The Hadiths of the prophet indicate that one sighting is enough for Muslims all over the world. 1-Sumu le-Ruaith (Fast at the sighting of the moon.) The verb Sumu in plural form includes all Muslims. Ruayateh came in general form meaning any sighting, whether it was by the person himself or someone else, whether it

occurred in his area or not. 2-Ibn Abbas reported that the Muslims did not begin fasting since they did not see the moon. Then a man came from outside of Madinah and told the Prophet that he saw the moon. The Prophet asked him if he was a Muslim to which the man answered in the affirmative. The Prophet then said, Allahu Akbar, one is enough for all Muslims. The Prophet fasted and asked the people to stop eating and start fasting (Al Mabsout 352). Numerous similar incidents occurred during the Prophets life. However some take Ikhtilaf Matala for the following reasons: 1-They claim that in fact there are many Matala for the moon. This is incorrect because the moon is born one time and in one place. 2-Imam Muslim reported that Kuraib said, Um Fadl sent me to Muawiyah in AI Sham. I accomplished the objective of my travel. Ramadhan came while I was there and the moon was seen on Friday night. At the end of the month I returned back to Madinah where Abbas asked me when did you see the moon? I answered, Friday night. Ibn Abbas further inquired, did you see it with your eyes? I replied, Yes and also the people saw it. Thus the people and Muawiyah fasted. Ibn Abbas said, but we saw it on Saturday night and will keep fasting until we finish the 30 days or see the moon. I asked Ibn Abbas, Dont we follow Muawiyahs sighting and fast? Ibn Abbas replied, No, this is how Rasul Allah commanded us.(Reported by Muslim).Imam Shawkani (RA) said, in reference to Ibn Abbass statement, You should know that the acceptable evidence is in what Ibn Abbas reported explicitly from the Messenger (saw). It is not in his Ijtihad which people try to interpret and to which he pointed by saying, This is how Allahs messenger commanded us. Since Ibn Abbas said, No, this is how Rasul Allah commanded us, people adopting Ikhtilaf al Matalea, believe that every location has its own sighting. Many Imams have discussed this statement of Ibn Abbas and have concluded that the Muslims are asked to follow what the Prophet (saws) has said and not the understanding of what the Prophet (saws) said. In this incident, it is the understanding of Ibn Abbas of what the Prophet (saws) said. Despite this, some fatwas insist on different sightings without any justification. The council of the Saudi Arabia Ulema issued the following fatwa on 8/29/1397 Hijri. Because of many considerations the council observed, and because of the differences in this issue, which has no significance in uniting all Muslims based on one sighting, the members of the council leave everything as is without reopening the subject again and leave to every Islamic State the right to choose what the state sees through its Ulema. It is true that all the regimes cannot be trusted but the people are the ones who see the moon. If a person presents a false testimony, then it is his crime. Notice that the Prophet

accepted the testimony of just one person whom he did not know. Such testimony does not create certainty but we still have to take it. In other cases, Islam required two witnesses and in special cases, such as Zina, four witnesses are required, but in the issue of sighting the moon, one is enough.
O Muslims! When you hear that a Muslim country, any country, no matter how near or how far, declares that it has been confirmed according to the lawful way that the new moon of Ramadhan has been sighted, you must begin your fast, and you are forbidden to wait for the ruler or the Mufti in your part of the world to give you permission to fast, and when you hear that a Muslim country, no matter how near or how far, has declared that the sighting of the moon of Shawwal has been confirmed, by relying on the method recognised by Shari'ah, you must break your fast and celebrate the Eid, you are forbidden from waiting for the ruler's or the Mufti's permission to celebrate Eid.

O Muslims! When you hear that a Muslim country, any country, no matter how near or how far, declares that it has been confirmed according to the lawful way that the new moon of Ramadhan has been sighted, you must begin your fast, and you are forbidden to wait for the ruler or the Mufti in your part of the world to give you permission to fast, and when you hear that a Muslim country, no matter how near or how far, has declared that the sighting of the moon of Shawwal has been confirmed, by relying on the method recognised by Shari'ah, you must break your fast and celebrate the Eid, you are forbidden from waiting for the ruler's or the Mufti's permission to celebrate Eid. "Ramadhan is the month in which the Qur'an was revealed, a guidance for mankind, and clear proofs of the guidance and as a criterion (al-Furqan)" [Al Baqarah, 2:185] Unfortunately the reality today is that people begin Ramadhan on different days and have Eid on different days even in one country and one city. We must understand the reasons why people differ on this matter, the arguments they put forward and the hukm shari regarding this matter according to the Islamic evidences. It is important to understand that the sources of Shariah for us are the Quran & Sunnah fundamentally. Our emotions, public opinion, the view of the majority, norms, customs, etc do not determine the shariah rules. The Prophet said: "Whoever speaks about the Qur'an without knowledge, then let him prepare for himself his seat in the fire." [Tirmidhi, Ahmad, Nisai & Ibn Jarir] We need to remember the statement of Ibn Masud (ra): "The Jama'a is Haq (truth)

even if it is one person". Allah says: "They ask you about the crescents. Say: They are but signs to mark fixed periods of time in the affairs of men and for pilgrimage." [Al Baqarah, 2:189] "Whoever witnesses the crescent of the month, he must fast the month." [Al Baqarah, 2:185] Bukhari and Muslim reported on the authority of Abdullah Ibnu Omar (may Allah be pleased with them) that the Messenger of Allah mentioned Ramadhan and said: "Do not fast till you see the new moon, and do not break fast till you see it; but if the weather is cloudy complete it (thirty days)." Muslim also reported on the authority of Abdullah Ibnu Omar (R) that the Messenger of Allah made mention of Ramadhan and with a gesture of his hand said: "The month is thus and thus. (He then withdrew His thumb at the third time indicating 29)." He then said: "Fast when you see it, and break your fast when you see it, and if the weather is cloudy do calculate it (the months of Shaban and Shawwal) as thirty days." Bukhari reported on the authority of Ibnu Omar (R) that the Messenger of Allah said: "The month consists of 29 nights, so do not fast till you have sighted it (i.e. the new moon), and if the weather were cloudy, then complete it as thirty days." In the narration of Muslim, the Messenger of Allah said: "The month of Ramadhan may consist of twenty-nine days. So do not fast until you have sighted it (the new moon) and do not break fast, until you have sighted it (the new moon of Shawwal), and if the sky is cloudy for you, then complete it (thirty days)." Muslim also reported on the authority of Abdullah Ibnu Omar that the Messenger of Allah said: "The month of Ramadhan may consist of twenty-nine days; so when you see the new moon observe fast and when you see (the new moon again at the commencement of the month of Shawwal) then break it, and if the sky is cloudy for you, then calculate it (and complete thirty days)." These Ahadith are very clear and unequivocal, in them the Messenger of Allah orders us to fast when the sighting of the new moon of Ramadhan is confirmed, and orders us to break the fast when the sighting of the new moon of Shawwal is confirmed; these orders are binding and their violation is a sinful act just like the abandoning of any other duty or the committing of an unlawful act. The command of fasting and breaking fast is general: "Do not fast till you see it and do not break fast till you see it." - "Do fast when you it is sighted and break fast when it is sighted." The verb Sumu' Do fast' is in the plural form includes all Muslims all

over the world. Furthermore, the word Ruayateh' 'sighting' has also come in a general form: "When it is sighted" or "If it is sighted."; this means that it includes any sighting, and it does not merely apply to the person who sights the new moon, nor does it specifically apply only to the people of his own country, for the address which orders the fast and the breaking of the fast is general and comprehensive, as is the address concerning the sighting, therefore, the rule is undoubtedly general. The command is not for individual Muslims to sight the moon and then begin fasting or to make Eid based upon their personal sighting. Even the Prophet used to begin fasting when he had not personally seen the moon but a Muslim had reported to him that they had seen it. Ibn Umar (ra) reported, "During the time of the Prophet , the companions went looking for the new crescent. So I told the Prophet that I saw it. So he fasted and told the companions to fast." [Abu Dawud & Hakim] Therefore, the command of fasting and of breaking the fast when the new moon is sighted is a command which addresses all Muslims all over the world. So for example if the new moon was sighted in Rabat on Friday night, and was not sighted in Jakarta on Friday night but on Saturday night, the people of lndonesia must act upon the sighting of the new moon in Morocco, they must therefore begin the fast on Friday if the new moon was that of Ramadhan; if they did not fast that day they should compensate for that day because the obligation to fast has been confirmed by the sighting of the new moon by any Muslim anywhere in the world. Also, if the new moon was that of Shawwal, they should break their fast when news about the sighting reaches them even if they did not sight it themselves, for the moment the sighting is confirmed, they must break their fast, and it would be sinful for them to continue fasting. Therefore, the Shari'ah rule states that if the people of one country sighted the new moon, it would be exactly as if all the Muslims have sighted it as well, therefore they should all fast if it is the new moon of Ramadhan, and they should all break fast if it is the new moon of Shawwal. This is the rule of Allah according to the Shari'ah texts. During the lifetime of the Messenger of Allah , the Muslims used to begin the fast on the same day and break it on the same day despite the fact that they lived in different areas, and this serves as another Shari'ah evidence that the sighting of the new moon in one area obliges all the Muslims to fast together on the same day and break fast together on the same day. As for the Shub'ha (controversial evidence) of those who claim that the beginning of the fast and the end of the fast i.e. the day of Eid could be different, this can be summarised in two points: 1- The first Shub'ha: They claim that to each people living in one country their sighting, for each people should follow their own times just like the times of prayer; this is why they said: The precept lies in the Matali', i.e. the time of rising (of celestial bodies). In answer to this claim we say the following: The times of prayer are subject to their scheduled times and these are different even in the one region, for the signs which the Shari'ah has specified would occur at different times; as far as fasting is concerned, this

difference also applies at the time of Imsak (beginning of fast) at dawn and at the time of Iftar (end of fast) just after sunset, this is so because the text has indicated this difference: Allah says: "And eat and drink until the white thread of dawn appears to you distinct from its black thread; Then complete your fast until the night appears" [Al-Baqarah, 2:187] The Imsak and the Iftar times differ from one place to another just like the times of prayer, which also differ from place to place, this difference happens in the one single day, however, the beginning of the month of fasting must begin on the same day all over the whole world, and the difference occurs only in the parts of the single day. This is what the texts of the Ahadith have clearly indicated; and this is what is confirmed by the understanding deduced from the Shari'ah rule. The difference in the rise of the new moon between the farthest two points in the world does not exceed twelve hours; and the classical Mujtahids (learned scholars) are excused for not understanding this deduction from the Shari'ah rule, for at the time, they were not in a position to clearly realise the movements of the earth, sun and the new moon. And now that the deduction made from the rule is understood, there are no pretexts or excuses left for those who claim that the difference in the time of rising could exceed one day, let alone those who claim that it could be even a few days. Therefore, the month of fasting begins for the Islamic Ummah all over the world on the same day and the end of the month of fasting and the beginning of Eid also occurs on the same day for all the Islamic Ummah all over the world. 2- The second Shub'ha: The second Shub'ha of those who claim that the beginning of the fast and the break of fast vary, is deduced from the narration reported by Muslim on the authority of Kurayb who reported that Umm-ul-Fadhl Bintu-l-Harith sent him to Mu'awiya in Al-Sham; he said: "I arrived in Al-Sham and did business for her (Umm-ul-Fadhl Bintu-l-Harith). It was there in Al-Sham that the month of Ramadhan commenced. I saw the new moon of Ramadhan on Friday. I then came back to Madina at the end of the month, Abdullah Ibnu Abbas (R) asked me about the new moon of Ramadhan and said: "When did you see it?" I said: "We saw it on the night of Friday," He said: "Did you see it yourself?" I said: "Yes, and the people also saw it and observed the fast and Mu'awiya also observed the fast; whereupon he said: "But we saw it on Saturday night." Some would continue to observe fast till we complete thirty (fasts) or we see it (the new moon of Shawwal)." I said: "Is the sighting of the moon by Mu'awiya not valid for you?" He said: "No, this is how the Messenger of Allah has commanded us." Those who claim that the beginning of fasting and the break of fast may vary, use this Hadith as evidence; they argue that Ibnu Abbas ignored the sighting of the people of AlSham and said at the end of the Hadith: This is how the Messenger of Allah has commanded us. This indicated that Ibnu Abbas learnt from the Messenger of Allah that the people of one region are not obliged to act upon the sighting of another region; they also argue that this Hadith serves as a specification and an explanation of the Hadith of the sighting. They therefore claimed that the people of

each region are commanded to act upon the sighting of the new moon in their region only and not in other regions, thus the beginning of fast and the beginning of Eid vary from one region to another and according to the times of rising. The answer to this claim lies in the fact that this report is not a Hadith of the Messenger of Allah but the Ijtihad of a Sahabi, and the Ijtihad of the Sahabi is not comparable to the Hadith of the Prophet . The fact that Ibnu Abbas (R) did not act upon the sighting of the people of Al-Sham reflects an Ijtihad and it cannot be used as a Shari'ah evidence; and besides, the Ijtihad is always nullified by the general Shari'ah evidence, thus the Hadith must be acted upon ahead of the Ijtihad which has to be abandoned. Furthermore, the Ijtihad of the Sahabi cannot specify the general term of the Hadith. As for the saying of Ibnu Abbas at the end of the report: "This is how the Messenger of Allah commanded us.", it is not a Hadith but merely the way Ibnu Abbas understood the Hadith of the Messenger of Allah in which he said: "Fast when you see it and break fast when you see it." This indicates that Ibnu Abbas understood the Hadith as such; though he did not say:This is how the Messenger of Allah reported it, nor did he say: This is how we learnt it from the Messenger of Allah , but he said: This is how the Messenger of Allah commanded us. Imam Al-Shawkani explained the Hadith as follows, he wrote in his book entitled Nayl-ul Awtar the following: "I realise that the evidence is derived from the report of Ibnu Abbas and not from his Ijtihad (exertion) which people understood as such, and what is referred in his saying: "This is how the Messenger of Allah commanded us.", is his saying (i.e. Ibnu Abbas): So we are still fasting until we complete thirty days; and the command of the Messenger of Allah lies in the Hadith extracted by the two Sheikhs (i.e. Bukhari and Muslim) among others with the following wording: "Do not fast till you see the new moon and do not break fast till you see the new moon, and if the sky were cloudy, then complete it as thirty days." And this does not specifically apply for the people of one region to the exclusion of others but to all the Muslims." [Nayl ul- Awtar, volume 4, page 268] Therefore, what Kurayb has reported does not qualify as a Hadith, but remains as it is, i.e. an opinion of Ibnu Abbas; it does not qualify as evidence and cannot be used as such; it also cannot be used to specify the general term of a Hadith, i.e. the general evidence. Therefore the Shub'ha is nullified and its use as evidence is incorrect. As these two Shub'has are no longer valid there remains no other Shub'ha, and only the evidence derived from the real meaning of the texts would stand, which implies that all the Muslims are commanded to fast when the new moon is sighted anywhere in the world as indicated by the clear-cut meaning of the Hadith of Allah's Messenger : "Do fast when it is sighted." And all the Muslims are commanded to break fast when the sighting of the new moon is confirmed in any part of the world, and to make that day their Eid day as clearly indicated in the Hadith of Allah's Messenger " : Do break fast when it is sighted." Many of the classical scholars have stated this view, Imam Kasanee of the Hanafi

Madhab said in his book Bada as-Sana'i that following other than one sighting for the whole Ummah is Bid'a (innovation). This indicates how weak he felt that the other Ijtihad is. Imam Juzairi said in Fiqh al Madhahib al Arba'a (The Fiqh of the four schools of thought) Volume 1 gives two views of the Hanafi's regarding this: 1) The sighting of the moon by any Muslim should be accepted whether slave, free, man or woman without inquiring whether they are just or not, 2) The justness should be verified by a Qadi. Ibn Taymiyyah concluded: "To summarize: a person who learns about the sighting of the moon in good time to be able to utilise it for fasting, for ending his fast, or for sacrifice, he must definitely do so. The texts [of Islam] and the reports about the Salaf point to this. To limit this to a certain distance or country would contradict both the reason and the Shar` (Islamic law)." [Al-Fatawa, volume 5, page 111] Some people may argue what if the news reaches us late that the moon has been sighted. This has also been answered in the ahadith. The famous Hanafi scholar Imam Sarkhasi (died 483 A.H.) in Al-Mabsoot quotes the narration from Abu Dawud (2333, 2334) that the Muslims did not begin fasting since they did not see the moon. Then a man, from out of Madinah, came and told the Prophet (saaw) that he had seen it (the moon). The Prophet asked him if he was a Muslim to which the man answered in the affirmative. The Prophet then said: "Allahu-Akbar! one is enough for all Muslims" The Prophet fasted and asked the people to stop eating and start fasting. [Al-Mabsout by Imam Sarkhasi; 3-52] It is also reported in a Saheeh hadith: Abu Umayr ibn Anas reported from his paternal uncles among the Ansaar who said: "It was cloudy and we could not see the new moon of Shawwaal, so we started the day fasting, then a caravan came at the end of the day and told the Messenger of Allaah (peace and blessings of Allaah be upon him) that they had seen the new moon of Shawwaal the day before, so he told the people to stop fasting, and they went out to pray the Eid prayer the next day." [Reported by the five. It is sahih; al-Irwaa', 3/102, Abu Dawud 1153] Even more contemporary scholars like the founding and well known scholars of the Deobandi and Barelvi movements of the Indian subcontinent have clearly stated this as the correct view in their Fatawa. It is unfortunate that today many who claim to follow them ignore following this hukm. The co-founder of Dar al-Uloom Deoband, Maulana Rasheed Ahmad Gangohi said: "If the people of Calcutta sighted the moon in Friday, whereas it was sighted in Makkah on Thursday itself, but the people of Calcutta did not know of it (the sighting on Thursday); then whenever they come to know of this, it will be obligatory for them to celebrate eid with the people of Makkah and make up (Qada') for the first fasting." [Maulana Rasheed Ahmad Gangohi, Sharh Tirmizi (Explanation of Tirmizi), Kaukab un Durri, pg 336 Urdu edition]. "Wherever the sighting is confirmed, however far off it may be, even if it were to be

thousands of miles; the people of this place will have to abide by that." [Fatawa Dar ul Uloom Deoband, Vol. 6 page 380, Urdu edition] "Question: There has been some dispute in Amritsar etc. regarding sighting of moon for Ramdhan and Eid ul fitr. So should we the residents of Mandla (CP), which is located very far off, follow that sighting or not? Answer: In the maslak of Hanafiyyah, there is no consideration of Ikhtilaf al Matale' (difference in sighting); the sighting of the people of east is binding upon the people of the west and vice versa. This is also demanded by the hadith (soomoo li ru iyatihi we aftaroo li ru iyatihi) "Fast when it is sighted and stop fasting when it is sighted", because the address soomoo' and aftaroo' is aam (general) and for everyone. In conclusion, when sighting is confirmed in whichever place, everyone is supposed to start his fast and break it in accordance with it, i.e when the sighting is confirmed." [Fatawa Dar ul Uloom Deoband, Vol 6 page 385 & 386, Urdu edition] "Irrespective of how far the news of sighting came from, it is to be relied upon. For instance if the people of Burma did not sight the moon, and a person from Bombay testifies to them of having sighted the moon; it will be incumbent upon the people of Burma to make up for the (first) fasting i.e. Qada'." [Mufti Kifayat ullah, Ta'leem ul Islam, vol. 4, section sighting of moon: Urdu edition] "When the moon is sighted in one place it is not just for that region but for the entire world." [Maulana Amjad Ali, Bahar e Sharee'at, Vol 2 page 108, Urdu edition] The founder of the Barlevi's said: "In the correct and authentic mazhab of our Imams, with regard to the sighting of moon for Ramdhan and eid, distance of the place of sighting is of no consideration. The sighting of the east is binding upon west and vice versa i.e. the sighting of west is similarly binding on east." [Maulana Ahmad Raza Khan, Fatawa Rizwi; Vol 4 page 568, Urdu edition] Using calculations It is worth mentioning here that the astronomical calculations used to determine in advance when the month of Ramadhan starts and ends do not serve as a substitute for the actual sighting, for the texts mentioned the "sighting"; there is however no harm in using the calculations to help determine the appropriate time to start monitoring the new moon. As for the governments who use these calculations instead of the sighting, their actions contradict the clear texts, and therefore their actions are unlawful and the Muslims are forbidden from relying on their announcements. All the Ahadith connected to the sighting of the moon contain the word "ru'yatehe" which is derived from the word "ra'a". People who support the idea of calculating the birth of the moon for Ramadan misuse the word "ra'a". While the word ra'a could mean knowledge, it is not correct to apply this meaning here because of the following reasons: 1. Ra'a, when referring to a single object, means to visualize that object through the eye, i.e. he saw the moon. However, if ra'a refers to two objects, it could mean to know, i.e. he knew the correct opinion.

2. If ra'a is used in reference to a tangible object, it means to visualize the object through the eye. However, if it is used to present an idea or an abstract thing, then it could mean knowledge. Thus, since the Ahadith refer to the moon, which is a tangible object, ra'a here means to visualize sight. Umar (ra) reported that the Prophet said: (in translation): "We are ummiyah (unlettered) people, we neither write nor calculate. The month is this way and that, sometimes 29 days and sometimes 30." Those who calculate say that the command in this Hadith, i.e. to sight the moon, is accompanied by a reason (illah) which justifies the command. This justification being that the Ummah was unlettered ("We neither write nor calculate"). The ruling in terms of its validity goes only as far as its justification. If the Ummah has emerged from its "unlettered state" and is able to write and calculate, it becomes essential to rely on calculation alone. However, this argument is incorrect due to the following: 1. The description of the Ummah in this Hadith, "Ummiyah", does not imply an illah (legal reason). "Ummiyah" could mean "Arab". [TMQ 62:2]. "We neither naktub (write) nor nahsib (calculate)..." "Nahsib" in the Hadith carries several meanings such as: we do not use astronomical calculations to determine the legal Shari'i beginning and end of the month; nor do we practice astrology, etc. "Nahsib" does not mean general calculations because Muslims are commanded by the Shar'iah to follow the laws of Zakah, inheritance etc. which do involve extensive calculations. The claim that the Hadith describes the condition of the Ummah at the time of the Prophet (saaw) is false. Further, the claim that this condition serves as an illah is also preposterous. 2. Further, even if this "condition" is considered an illah (reason), Qiyas on this issue is invalid. Firstly, there can be no Qiyas in Ibadaat (ritual worships). Secondly, it contradicts the definite meaning in texts of the numerous Ahadith which clearly illustrate that the "sabab" (cause) for fasting is the sighting of the moon (like the setting of the sun is the sabab for maghrib prayers). Therefore, it is quite clear that the arguments presented to "justify" the beginning of Ramadan through the use of calculations are invalid and haram. The only way to determine the arrival of Ramadan is through sighting the moon. In the Tafseer of Al-Qurtabi, Ibn Nafi'e (ra) reported that Imam Malik bin Anas (ra) said: "If you see an Imam who does not begin and end fasting by way of sighting, but begins fasting by calculation, he should not be followed in prayer or emulated." The renowned scholar Ibn Al'Arabi said, "Some of our people erred when they reported that Imam Shaf'i relied on calculations." Ibn Al-'Arabi commented, "The report is baseless and falsehood." [Tafseer Al-Qurtabi] What about the majority? Today some people argue that we must follow what the majority are practicing, they attempt to misquote Islamic texts about "Holding on to the Jama'a" and they

misinterpret these to mean the Jumhoor' majority'. Islam has obliged sticking to the jama'ah of Muslims under an Imam (Khalifah) not to the majority. Al-Bukhari narrated about Bisr ibn Obaydellah al-Hadhrami that he heard Abu Idrees alKhoolani say that he heard Huthaifah ibn al-Yaman saying: "The people used to ask the Prophet of Allah about the good and I used to ask him about the bad in fear that it might catch me. So I said: O Prophet of Allah! We were in times of jahilliyah and mischief then Allah brought us this good, so is there any mischief after this good? He said: Yes. I said: Will there be any good after that mischief? He said: Yes, and it has smoke. I said: What is its smoke? He said: (Some) people guide without any guidance, you recognise some (from them) and deny some. I said: Will there be a mischief after that good? He said: Yes, (some) people who invite at the doors of hell, whoever accepted their invitation they throw him in it (hell). I said: O Prophet of Allah, describe them to us. He said: They are of our own skin (of our people) and talk our language. I said: What do you order me to do if that (matter) caught me? He said: Adhere to the jama'ah of Muslims and their Imam. I said: What if the Muslims have no jama'ah nor an Imam? He said: Then you abandon all those groups, even if you have to grab with your teeth the trunk of a tree till death comes to you as such." This hadith is clear in its expression that the Prophet orders Muslims to adhere to the jama'ah of Muslims and to adhere to their Imam, and to leave those who invite people to the doors of hell. When the questioner asked him that in case the Muslims have no Imam and no jama'ah what he has to do in regard with those who call at the doors of hell, the Prophet ordered him to abandon these groups, not to disassociate himself from the Muslims nor to abstain from the action for establishing an Imam. So his order is clear, disassociate yourself from all those groups, and he emphasised the dissociation of those groups even to the extent that his isolation from them would make him clench to the trunk of a tree until death comes to him. It means adhere to your deen by staying away from the misleading callers who are at the doors of hell. In this hadith there is no excuse or permission (for anybody) to abandon the work for establishing a Khaleefah, it is, rather, confined to the command of adhering to the deen and abandoning the callers at the doors of hell, and the sin will remain on him if he does not work to establish a Khaleefah. So he is ordered to abandon the misleading groups in order to save his deen from the callers of the misguidance, even if he had to clench to the trunk of a tree, but not to distance himself from the Muslim community and abandon the work for establishing the laws of the deen and establishing an Imam for Muslims. The concept of following the majority rather than following Islam is not based on evidence from the Quran and Sunnah and contradicts many evidences about enjoining the good and forbidding the evil even in the face of hardship, the Prophet said: "The master of martyrs (sayyid al-shuhada) is Hamza, and a man who stands up to a tyrant ruler and gives him nasiha (advice). And so the ruler kills him" The disease of Nationalism has affected us Why is it people follow only the sighting in their nation, who has created the borders

between these nations? The Kuffar. Why is it that in Delhi people will follow the sighting in any other part of India but not of Pakistan when it is geographically closer than many parts within India itself like Kerala or Tamil Nadu. In Pakistan people will not follow the sighting of Bangladesh but before 1971 when it was East Pakistan they would, why? The Messenger of Allah said, "He is not one of us who calls for asabiyyah, (nationalism) or who fights for asabiyyah or who dies for asabiyyah." [Abu Dawud] O Muslims! When you hear that a Muslim country, any country, no matter how near or how far, declares that it has been confirmed according to the lawful way that the new moon of Ramadhan has been sighted, you must begin your fast, and you are forbidden to wait for the ruler or the Mufti in your part of the world to give you permission to fast, and when you hear that a Muslim country, no matter how near or how far, has declared that the sighting of the moon of Shawwal has been confirmed, by relying on the method recognised by Shari'ah, you must break your fast and celebrate the Eid, you are forbidden from waiting for the ruler's or the Mufti's permission to celebrate Eid. You fast and you break fast by the command of Allah and His Messenger , not by the command of those disbelieving mischievous rulers, and not by the command of those Muftis who are more anxious to please the rulers rather than to please Allah . .Mu'az narrated: I said: O Messenger of Allah. What do you think if we had leaders who do not follow your Sunnah and do not adopt your order; in what do you order regarding their affair? The Messenger of Allah said: There is no obedience to the one who does not obey Allah 'azza wa jall.' Muslim on the authority of Abu Hurayrah: that "The Messenger of Allah forbade fasting on two days, the day of al-Adha and the day of al-Fitr". Aug 12 2010 The message below is authored by Imam Zaid Shakir, Islamic scholar and a co-founder of Zaytuna College, in which he shares with the reader some of the considerations that led to the change in the position of Crescentwatch on moon-sighting from the minority opinion of a regional sighting to the majority opinion of a global sighting. In the Name of Allah, the Compassionate the Merciful. Peace and blessings of Allah upon our Prophet Muhammad and his Family and Companions and all those that follow him. Muslim scholars have long recognized that the only acceptable way for determining the beginning of the lunar month is by sighting the new crescent moon with the naked eye on the 29th evening of the month, or by completing a thirtieth day of that month if clouds or other atmospheric conditions obscure the view the horizon. This issue of moonsighting is particularly relevant for the timings of Muslim devotional seasons and festivals. The scholars have also held that there are two basic geographical limits governed by the sighting of the crescent moon: a regional sighting that is relevant for a particular region;

and a global sighting, that is relevant for the entire world. As for the naked eye sighting, this ruling is established on the basis of the unambiguous language of the prophetic utterance, Do not fast [Ramadan] until you see the crescent moon, and do not break your fast until you see it.[i] Similarly, Begin fasting with its sighting [the crescent moon] and cease fasting with its sighting.[ii] The latter hadith concludes with the phrase, and if it is cloudy complete Shaban thirty days. As for geographical limits that govern the sighting of the crescent moon, the difference of opinion surrounding this issue is well-known and goes back to the time of the Companions of the Prophet, peace and blessings upon him. Those arguing for a regional sighting, primarily scholars of the Shafii School, refer to the narration wherein Kurayb and Ibn Abbas differed on the sightings of Damascus and Madinah. Ibn Abbas rejected the sighting of the people of Syria, which had been witnessed by Kurayb, implying that the Prophet, peace and blessings upon him, ordered the rejection of a distant sighting.[iii] Opinions as to the definition of regional vary greatly among the jurists. Those accepting that the entire world is governed by a single sighting point to the fact that there is a single lunar month for the world. The moon passes through its cycle from one month to the next as it revolves around the earth. This revolution is fixed and known although the actual sighting of the crescent moon demarcating the beginning of a particular month is problematic. According to the global position, once the crescent moon has been sighted anywhere on earth that particular month has begun. Once the sighting of the crescent moon for the next month occurs the previous month has ended. However, in some parts of the world the sighting of the crescent moon, owing to geographical or meteorological conditions, may be delayed by a day or two. That does not mean that somewhere on earth that particular month has not begun. What people in those regions (where sighting is delayed) are in fact witnessing is the moon of the second or third day of that month, according to this latter view. Adherents of this latter view thus argue that when the Prophet, peace and blessings upon him, mentioned, Fast based on its sighting his order was to the entire Muslim Ummah based on the sighting of the crescent moon anywhere on earth. This position is based on the general nature of the wording of the hadith. This latter opinion is the majority opinion of the Hanbalis,[iv] Hanafis [v] and Malikis.[vi] Concerning the timings of our sacred observances, our situation in North America is unique owing to the composition of our community. On the one hand there are Muslims representing almost one hundred national and ethnic groups in our community. On the other hand there is no universally recognized central religious authority. Despite of these realities, many Muslim organizations, though, have tried to adhere to a North American moon-sighting. However, that effort has been largely unsuccessful, at a national level, for a number of reasons. First of all, the large number of Muslim ethnicities, with many groups of Muslims attempting to coordinate their sacred observances with Muslims in their home

countries creates confusion. Secondly, there are significant numbers of Muslims who advocate a global moon-sighting, though usually limiting the timings of the sacred occasions to the timing determined by the religious authorities of Saudi Arabia. Recently, a significant number of Muslims, who do rely on moon-sighting, expanded their zone of acceptable sightings to include South America and the Caribbean. Finally, international political realities factor into the decision-making process of some Muslim organizations. This situation has resulted in confusion, division and frustration for the average Muslim and most Islamic organizations. It has led to many Muslim communities and even individual families being divided and torn during times when they should be coming together in worship and or celebration. It has contributed to a lot of heartache and pain at a time when Muslims should be joyful. It has also led to an abandonment of the Sunnah of moon-sighting by growing numbers of Muslims and Islamic organizations. In light of this situation, Crescentwatch has decided to change its position on moonsighting from the minority opinion of a regional sighting to the majority opinion of a global sighting. It is hoped that this position will greatly enhance the possibility of Muslims who rely on verified moon-sightings being in harmony with the majority of the community while continuing to base the timing of the sacred occasions on the Sunnah of moon-sighting. In making this change Crescentwatch wishes its supporters to consider the following issues: 1. The efforts of North American moon-sighters will not be rendered irrelevant. As the Ramadan and the Hajj seasons move into the summer and spring months, the moon will be tracking across the Northern Hemisphere, and in coming years will likely be seen in North America before it is seen in South America. Hence, the importance of North American moon-sighters will become more significant. 2. Crescentwatch will still rely on the most accurate moon-sighting projections and probability charts as the basis to reject non-credible sightings. 3. Crescentwatch will encourage the training of qualified moon-sighters, internationally, and will work with known, reliable sighters in various countries to verify claimed sightings. 4. Crescentwatch will continue to work with its friends, allies and supporters to enhance the efforts and coordination between North American moon-sighters, regardless of their opinion concerning regional or global sightings. 5. Crescentwatch has not taken a position that is unfounded or unprecedented in the annals of Muslim history. Rather, as we have stated, the position we are adopting reflects that of a majority of the Muslim schools of legal thought. 6. Crescentwatch will publish an annual calendar based on the highest probability of a global sighting for a particular month in order to help Muslims better anticipate the sacred holidays while honoring the tradition of moon-sighting. We pray that this message has helped to clarify our position on an unnecessarily contentious issue, and we pray this will lead to greater harmony between the Muslims of

North America on this issue. We emphasize that this is an ongoing effort and we will seek to refine our position in light of the feedback and advice we receive from members of our community. [i] Bukhari, no. 1906 [ii] Bukhari, no. 1909 [iii] See Muslim, no. 1087. At the end of a lengthy narration, Kurayb asked Ibn Abbas, Are you not satisfied with the sighting of Muawiya and his fasting? Ibn Abbas responded, No! Thus did the Prophet, peace and blessings upon him, command us (Hakadha Amarana Rasulullah). [iv] See Muwaffaq al-Din and Shams al-Din ibnu Qudama, al-Mughni (Beirut: Dar alFikr, n.d.), 3:10-13 [v] See Muhammad Amin Ibn Abidin, Hashiya Radd al-Muhtar (Beirut: Dar al-Fikr, 1415/1995), 2:432-433 [vi] See Mubarak bin Ali al-Ahsai, Tashil al-Masalik ila Hidaya al-Salik ila Madhhab al-Imam Malik, Abdul Hamid bin Mubarak, ed. (Riyadh: Maktaba al-Imam al-Shafii, 1416/1995), 3:783 RELATED:

Crescentwatch Policy Change - Ramadan 2010 / 1431

http://www.crescentwatch.org/cgi-bin/Cw/cw.cgi? action=ART&subaction=viewdetails&articlesubmit=Go&a_id=8 Concerning the timings of sacred observances and lunar months in general, the situation of Muslims in North America is unique owing to the composition of our community. On the one hand, there are Muslims representing almost one hundred national and ethnic groups in our community. On the other hand, there is no universally recognized central religious authority. Despite these realities, many Muslim organizations have tried to adhere to a policy of North American moon-sighting for the determination of dates. However, at a national level, that effort has been largely unsuccessful for a number of reasons. First of all, the large number of Muslim ethnicities, with many groups of Muslims attempting to coordinate their sacred observances with Muslims in their home countries, creates confusion. Secondly, there are significant numbers of Muslims who advocate a policy based upon global moon-sighting, though usually limiting the timings of the sacred occasions to the timing determined by the religious authorities of Saudi Arabia. Recently, a significant number of Muslims, who do rely on moon-sighting, expanded their zone of acceptable sightings to include South America and the Caribbean. Finally, international political realities factor into the decision-making process of some Muslim organizations.

This situation has resulted in confusion, division and frustration for the average Muslim and most Islamic organizations. It has led to many Muslim communities and even individual families being divided and torn during times when they should be coming together in worship and or celebration. It has contributed to a lot of heartache and pain at a time when Muslims should be joyful. It has also led to an abandonment of the Sunnah of moon-sighting by growing numbers of Muslims and Islamic organizations. In light of this situation, Crescentwatch has decided to change its position on moonsighting from the minority opinion of a regional sighting to the majority opinion of a global sighting. It is hoped that this position will greatly enhance the possibility of Muslims who rely on verified moon-sightings being in harmony with the majority of the community while continuing to base the timing of their sacred occasions on the Sunnah of moon-sighting. Crescentwatch has also decided to release an annual calendar of probable lunar dates based on this global position to assist in limiting the confusion mentioned earlier. We pray that this message has helped to clarify our changed position on an unnecessarily contentious issue, and we pray this will lead to greater harmony between the Muslims of North America on this issue. We emphasize that this is an ongoing effort and we will seek to refine our position in light of the feedback and advice we receive from members of our community. Sincerely, Crescentwatch