964 an Insight Into Moon Sighting

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An insight into Moon sighting [Repost]

Written by Shaikh (Dr) Haitham Al-Haddad

Monday, 25 July 2011 00:10 - Last Updated Monday, 25 July 2011 15:45

Similarly, we can also say that we have two types of months; the first is the legal month, which

is known as Ramadan and the second is the astronomical (scientific) one, which is the 9th

month of the lunar calendar. All Islamic rulings are based upon the first month which may or

may not coincide with the astronomical month.

The issue of moon sighting has never been as divisive as it has become today. In the past,

Muslim scholars agreed on a certain method to decide the start and end of the month of

Ramadan. In the last few years, advancements in communications and media have turned the

world into a small village creating a new context where matters concerning inter-countries

relations are involved. A second new context may also be related to the presence of many

Muslims in countries that lack one single Muslim authority. Resultantly, readily understood

issues related to a number of Islamic rituals have now become controversial and confusing.

This confusion is further fuelled by the influence of a Western lifestyle upon Muslims; generally

speaking, Muslims are often accused of being anti-Western or even unscientific in their spheres

of life. This can influence them to react emotionally and unreasonably. One such observable

sphere in which many Muslims have reacted in this manner is with regard to moon-sighting andthe establishment of the start of the month of Ramadan, Id al-Fitrand Id alAdha.

In this article, I would like to draw attention to specific principles in an attempt to remove

misconceptions surrounding the ongoing debate.

Shariah Principles related to the confirmation of the beginning of Ramadan and the Id

I believe many readers will be aware of these principles yet some of them may not be aware of

specific fundamental issues within them. In order to gain a deeper understanding we have to

differentiate between the principles used by those in authority in any Muslim community

including the Muslim nation [ummah] under the Caliph [khalifah] or other leaders in his absence,and the principles used by ordinary Muslims.

Leaders or those in charge are commanded to employ one of two principles. The first is to sight

the moon with the eye. The basis for this doctrine is numerous Prophetic traditions [ahadith];

Abu Hurayrah relates that the Prophet, may Allah praise and send peace and blessings upon

him, said, Fast when you see it (i.e., the moon) and cease fasting when you see it, and if it is

hidden or cloudy, complete the counting of Sha'ban as thirty days. This hadith is agreed upon

by Al-Bukhari and Muslim; similar authentic ahadith are also recorded. The second principleapplies only in the absence of the first, which is to complete thirty days for the month of

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Shaban. The basis for this is also the previous hadith and many other similar statements. It is

worth noting that the overwhelming majority of scholars unanimously agreed upon using these

two principles. {quotes}Furthermore, it has been stated by a number of scholars that the

overwhelming majority of scholars also agreed not to consider astronomy or calculations as a

tool to confirm the beginning of Ramadan or Id.{/quotes}

Scholars who quoted this consensus include al-Jassas alHanafi 1 , al-Baji al-Maliki 2 Ibn

Rushd al-Maliki3

, al-Subki al-Shafii4

, Ibn Taymiyyah5

, Ibn Abidin Al-Hanafi6

and others. They added that the effective cause [illah, ratio legis] for confirming these events is

the visual sighting of the moon or the completion of the month of Shaban. This means that the

only basis for fasting is one of these two principles.

It is important to clarify this point further; the Shariah in many cases may consider a variety of

factors including scientific ones that could have an effect on the ruling. However, the scientificfactor may or may not influence the end ruling of the Shariah since in some cases it is totally

outweighed by other factors to the degree that it appears to be ignored completely. There are

numerous examples to help explain and corroborate this. Take the following instance, in a well

known hadith, the Messenger of Allah said, The child belongs to the bed and the adulterer

deserves the stone 7 . This hadith explains the case of a man who states he was involved in an

illicit relationship with a married woman and claims the child she later bears. Allah, the

legislator, paid no attention to this claim and affirmed that the child remains the legitimate

descendant of the womans lawful husband. This is the explanation of the statement, the child

belongs to the bed. The lawful husband can deny this association with the child only by lian

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, the process of taking an oath by Allah and invoking His curse after an allegation of adultery.

To explore the workings of this principle let us suppose after the death of both parents, the other

siblings dispute the legitimacy of this child and their claim is supported by DNA tests which

show that this child is not a descendant of their father, and is not their full biological brother or

sister. However, the only legislated way of depriving the child of any right 9 is through the

process of lian. With the death of both parents this is not possible so the child must remain the

legitimate child of both parents in the eyes of the Shariah.10

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Without the process of lian the child is considered the legitimate child of both parents even if

science proves otherwise. Here we can say for the sake of clarification that this child has two

fathers, the biological (or scientific one) and the legal [shari] one. As far as the Shariah is

concerned, the latter is the real father and the former holds no significance whatsoever; he is

deserving of punishment for his admission of adultery.11

Similarly, we can also say that we have two types of months; the first is the legal month, which

is known as Ramadan and the second is the astronomical (scientific) one, which is the 9th

month of the lunar calendar. All Islamic rulings are based upon the first month which may or

may not coincide with the astronomical month. The latter has no significance in the eyes of the

Shariah and hence no Islamic rulings are based on it. This means that we are dealing with two

different spheres that have no connection with each other; the sphere which is defined by theShariah and that which is defined by astronomy. Therefore, once the sighting of the moon is

confirmed and accepted by the leader of Muslims or by the majority of Muslims then there is no

need to investigate further let alone claim that the sighting was invalid or not possible due to

astronomical calculations. Who has the authority to judge that it is wrong? Someone with

astronomical facts? No, not at all, as the astronomical facts are dealing with a different type of

month which is different from the one which governs the timings of certain acts of worship. Our

month or field of discussion is something else. We are not denying the astronomical facts;

rather we are not fasting the astronomical month. This is very similar to the previous case of

biological vs. legal father. If we come to know for a fact that we started fasting Ramadan on a

day which was different from the astronomical calculation, then that will have no effect at all onour fasting or Id. This is a fundamental line of reasoning that many people have ignored or are

unaware of. It sets aside the following oft-quoted principle, which although correct is not

applicable here: many proponents who favour considering astronomical calculations state that a

persons account of having sighted the moon is speculative [zanni] whereas astronomical

calculations are definitive [qati] and the Shariah gives credence to the definitive over the

speculative. As stated however, even if we for the sake of argument accept the calculations as

being definitive (ignoring the differences within astronomers themselves), the point is that the

Shariah did not consider scientific and astronomical calculations as determining factors in the

first place with regard to the sighting of the moon. I will avoid delving into the discussion around

the accuracy of astronomical calculations and the claim that some astronomers make that thereis a level of uncertainty in calculations; this is beyond the scope of this article and does not

really make a substantial difference on account of the aforementioned argument.

Recall the different occasions during the time of the Prophet where a number of people testified

that they, as individuals, sighted the new moon; there is the possibility that these individuals

erred or even lied. The Prophet on one occasion questioned the witness about his faith and

upon hearing his testimony of faith, the Prophet commanded Bilal to announce the month of

Ramadan. Advocates of astronomical calculations respond to this by saying that the witnesseswere Bedouins who were skilled at knowing the start and end of lunar months so their reports

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were more likely to be accurate. The reality is even if we were to accept this assumption, those

who use this argument do not accept testimony even from someone skilled and experienced

unless it is confirmed by astronomy; their criterion is astronomy and not experience in

moon-sighting. The acceptance of the Prophet of such testimony is a clear guidance for us to

follow without any reluctance. Allah says in the Quran, And whatsoever the Messenger givesyou, take it, and whatsoever he forbids you, abstain (from it), and fear Allah. Verily, Allah is

Severe in punishment. 12

The Prophets instruction to complete the thirty days of Shaban when the moon is not able to

be sighted lends further support to this reasoning of differentiating the Islamic month of

Ramadan from the astronomical month; the famous scholar, Ibn Hajar, said, This (completing

thirty days of Shaban) is an indication that we should not refer to calculations or astronomy.

The Prophet guided us to completing thirty days of Shaban while he could have guided us toconsider other means that enable us to know the beginning of the astronomical month. The day

that follows the 29th of Shaban could be the first day of Ramadan or the last day of Shaban.

However, if we are unable to sight the new crescent due to poor visibility, then we consider the

following day as the last day of Shaban without any doubt, even though it might be the first day

of the astronomical month. Our month of fasting, Ramadan, will start in this case after the 30th

of Shaban is completed. This is again a matter of consensus between all scholars. Similarly, if

the new moon of Id al-Fitr in this case is seen on the 28th of Ramadan, then the Muslims

should commemorate their Id based on the new moon and then compensate the 29th day of

Ramadan the day after the Id or any other day. There is no disagreement about this.

The principle for the masses

Their guiding principle is mentioned in the hadith, The fast is the day you all fast; the breaking

of fast is on the day that you all break fast; and the day of sacrifice is on the day that you all

sacrifice. 13 Al-Tirmidhi said, 'Some scholars explained this hadith to mean that fasting and

breaking the fast should be done with the Muslim body [jamaah] or the majority of people.'

This means that the common person does not have his own sighting of the moon or follow his

own decision. The matters of beginning Ramadan and confirming Id are not private affairs; they

are decisions which affect the ummah and therefore have to be taken on that level. None can

do this except the leader of the Muslims. When there is no leader then the majority of Muslims

represent the opinion of the ummah. Today, the same ruling should be applied on all sections or

communities of Muslims due to the nature of Muslim countries being separated and each

making its own decisions.

If we consider this principle we will find it in agreement with common sense as failure to

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implement this leads to confusion. One can imagine an individual fasting alone, but is it possible

for a person to establish Id with all its rituals such as the congregational prayer, takbir,

exchanging greetings and celebrating alone? Can we have two different days of Id in one city

or country? The answer is no we can not and should not. This is not a matter open to dispute.

Therefore, the Muslim individual is left with no choice but to go with the flow of the majority onthis matter and to act according to the meaning of this hadith. Here, it is appropriate to mention

a case elaborated upon in works of jurisprudence [fiqh]: the ruling for a Muslim who starts the

month of Ramadan according to the country he is residing in and then travels to another country

that had started Ramadan on a different day. Ramadan for Muslims in the destination country

may end before or after Ramadan in the home country. If it ends before then this means that he

may fast only 28 days while if it ends after then he may end up fasting 31 days! What do

scholars say about this case? They say that the person should follow the country he has arrived

in which means he must fast with them and end the month with them even if it is more or less

than a month. If he fasts 28 days, then he must fast one more day after Id to complete 29 days

which constitutes the minimum number days in a month. A similar case in point occurs when aperson sees the new moon on a specific day and then travels to perform Hajj. Obviously he will

follow Muslims in Makah and will not follow his own moon-sighting even if he is pretty sure that

their decision is wrong according to astronomy.

Some may question the basis for differentiating the lay persons conduct from one in authority;

there are some commands that address every single Muslim irrespective of position. An

example is, O you who believe, establish the prayer. There are also some other

commandments that addressing specific people according to position, gender etc. For example,Allah says in the Quran, Cut off (from the wrist joint) the (right) hand of the thief, male or

female, as a recompense for that which they committed, a punishment by way of example from

Allah. And Allah is All-Powerful, All-Wise. 14 This command is directed to those in authority

and it is not addressed to the individual; individuals cannot arrest a thief and cut his hand off!

Prayer calculations vs. moon-sighting calculations

It is allowed for us to rely on scientific facts that can provide accurate information in deciding

the prayers times; we are allowed to use watches, computer programs and other technologiesto decide these times. Why is this not the case for deciding the start and end of Ramadan? I will

summarise the answer as given by a number of scholars including the famous Maliki scholar

al-Qarafi. 15 A very similar understanding can be also found with Ibn Taymiyyah. There is a

major Islamic difference between the prayer timings and the timings for the beginning and

ending of Ramadan and the Hajj day. Allah says in the Quran, Establish the prayer from

midday till the darkness of the night (i.e.. the Thuhr, 'Asr, Maghrib and 'Isha' prayers)16

and He also said, So glorify Allah , when you come up to the evening (i.e., offer the Maghrib

and 'Isha' prayers), and when you enter the morning (i.e., offer the Fajr prayer).

17

Allah has commanded us to pray in those specific times and hence we are commanded to

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determine the time by any means. In contrast, Allah never commanded us to begin Ramadan in

a specific time or due to the birth of the new moon rather he commanded us to fast once we

witness the new moon as it is mentioned in the aforementioned hadith and in the verse in the

Quran, The month of Ramadan in which was revealed the Qur'an, a guidance for mankind and

clear proofs for the guidance and the criterion. So whoever of you sights (the crescent on thefirst night of) the month, he must observe the fasts that month. Therefore, our concern is not in

the actual time or the birth of the new moon which is identified by the moon leaving the

conjunction; rather we are concerned with witnessing the new moon. In the case of prayers the

actuality of the time is of concern to us.

Practical alternatives?

Some Muslim individuals and organisations repeatedly call Muslims in the UK and some other

non-Muslim countries to abandon following Saudi Arabia in determining Ramadan, Id and Hajj.A section of these voices are driven by certain agendas to attack the Saudi government and

ultimately to attack the religious ideology adopted by Saudi Arabia. In any case, they are unable

to provide a practical and workable alternative. The suggestion for Muslims in the UK and other

European countries to establish their own moon-sighting has proven over the years to be both

an impractical and a non-approachable solution for numerous reasons. Muslims in the UK for

example have not agreed on any one organisation to represent them in this issue due to their

wide and diverse nature. They differ on the course to be followed in case of failure to sight the

moon on the possible dates of visibility; some recommend following astronomical data, others

recommend following the sighting of the nearest Islamic country. Again, they differ between

themselves on which country to follow. Others suggest that when the moon is not sighted thenShaban should be completed as thirty days irrespective of the astronomical data as this is

mentioned in the Prophetic guidance. However, this recommendation is not widely accepted as

it means that for the most part Ramadan will start after the thirty days of Shaban due to the

cloudy conditions in most European countries including Britain. Another opinion put forward is

for each Muslim to follow ones local mosque; this is the worst recommendation as it divides

Muslims on a matter which should unite them as a single community; what does one do if there

are two local mosques? Another option is to follow the first country that announces the sighting;

while this is a very logical and legitimate opinion; it is unlikely to be accepted due to the political

climate, diversity and disunity of Muslims living in the UK as an example. Moreover, those

supporting astronomy as their basis will again question the sighting if it does not meet theircriteria.

After considering all these opinions and taking into account that almost two thirds of the

Muslims in the UK, for example, follow Makkah for spiritual reasons, one will find himself

compelled to support this judgment. As we have declared before that the basis of this is textual

and rational evidences. Unity is not the determining factor for this conclusion but is one of the

prime factors for sure. It is also worth noting that the masses in many countries follow Makkah

and not Saudi Arabia; their attachment is to Makkah as their holiest place and not to SaudiArabia.

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The process of moonsighting in Saudi Arabia

To conclude the discussion, I would like to state that the Saudi moon-sighting is not a matter of

personal attachment to myself for many reasons. One reason is the fact that I am not promotingfollowing Saudi Arabia in deciding the beginning and ending of Ramadan. Nevertheless, I would

like to clarify a misconception related to the Saudi moon-sighting as it is criticised in both

Muslim and non-Muslim media. These criticisms include the claim that they rely on ordinary

Bedouins who emerge from the desert knowing nothing about moon-sighting and the stages of

the moon. Some claim that the main motivation for such individuals who testify to seeing the

new moon is to gain a reward or seek fame. This criticism is further used to attack the Shariah

as a whole as it is always linked to Saudi Arabia. It is important for us all as Muslims to not

falsely accuse others and ignorantly support a non-Islamic agenda.

Firstly, the official Saudi calendar is not used at all in deciding the beginning and ending of

Ramadan and the day of Arafah. I have heard many times that the Saudis are following the

Jewish methodology in their calendar and therefore Muslims fast according to the Jewish

moon-sighting. Such a ridiculous statement is unworthy of a response. The Judicial High Court

is responsible for deciding such dates and is based on testimony that they receive. Secondly,

some accuse the Saudi authorities of not paying attention to verifying the testimony that comes

from a single unknown person who may be lying or mistaken. I would like to say that in most

years, the testimony is corroborated by a number of known witnesses. In 1424 AH there was a

controversy concerning sighting the Id moon and its visibility; it was announced that the moonwas sighted in Saudi Arabia and many astronomers and others accused Saudi Arabias system

of being daft and paying no attention to the important matter of a Muslims worship. I happened

to be visiting a friend a few days later who was watching a documentary presented by Al-Majd

TV channel about moon-sighting. In this documentary, the channel interviewed the person who

sighted the moon; it was apparent that this man was not just a simple lay person with little

intelligence. He was well educated, experienced and knowledgeable in both visual sighting as

well as astronomy. He even took the camera crew to the actual location and his set up where he

would watch for the new moon. He also added that it was his habit for many years along with a

group of people to monitor the new moon every month. At times they would accompany one of

the judges of that area. In addition, a famous Saudi astronomer Dr. Mohammed Bakheetal-Maliki wrote an article published in Ramadan 1421 AH (Dec 2000) that in 1413 AH

astronomers announced that it was impossible to see the new moon due to its disappearance

half an hour before sunset, yet it was announced that the moon was sighted by more than ten

people in Saudi Arabia and in the United Arab Emirates. He also added that some sighted the

moon without intentionally going out to look for it. The number of witnesses rose to the extent

that the Judicial High Court ceased to accept any more testimonies. The famous scholar Dr.

Bakr Abu Zaid, who used to work for the Ministry of Justice that is in charge of dealing with

witnesses, mentioned that in 1406 AH astronomers announced that it was impossible to sight

the new moon of Shawwal. However the moon was sighted by more than twenty different

people in various places in Saudi Arabia and some other neighbouring countries. In addition, Icame across a PhD thesis by a researcher who said that in 1425 AH it was also announced that

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it was impossible to sight the new moon of Shawwal yet it was witnessed by more than forty

people and the authorities officially recorded more than ten of those testimonies. I relate these

incidents to provide more clarity about the issue and to advise people not to accuse other

Muslims, especially knowledgeable people, of committing trivial mistakes concerning major

matters.

Finally, I would like to emphasise to my brothers and sisters living in any non-Muslim country

of the conclusion of this discussion. The evidence compels us to follow the opinion of the

majority of Muslims in our country irrespective of the how the opinion is arrived at. There are

further details that need clarification to answer many questions for Muslims living in the West; it

is not the intention of this article to address such detailed matters but to clarify the main

misconception about moon-sighting and the role of astronomy.

___________________________________________________________

Notes:

Source: www.islam21c.com

1. Ahkam al-Quran 1/280.

2. Al-Muntaqa Sharh al-Muwata 2/38.

3. Bidayah al-Mujtahid 1/283-284.

4.5. Majmu al-Fatawa (25/132-133).

6. Hashiyah Ibn Abidin 2/387.

7. Narrated by Abu Hurayrah, related by both Al-Bukhari and Muslim.

8. As mentioned in Surah al-Nur. This process involves both the husband and wife going to a

judge and testifying by Allah that they are truthful and if not invoking the curse of Allah upon

themselves if they are lying about the alleged act of adultery. Once this process is finished then

the child will be associated with the mother and have no connection with the father.

9. This includes the right to claim lineage to the father (and his family), the claim to

maintenance costs and inheritance. These and other rights are discussed in the books of

Islamic jurisprudence.10. Some scholars may consider tacit approvals from both sides as another legitimate way of

depriving him this right. This case is only offered as an example here and its details are not able

to be discussed here.

11. There is more to be said about the part of the hadith where the Prophet commanded his

wife Sawdah to don the hijab before the disputed person. However, that is outside the scope of

this discussion.

12. Surah al-Hashr 59:7

13. It is recorded by al-Tirmidhi and the wording is his, Abu Dawud and others.

14. Surah al-Maidah 5:38

15. al-Furuq vol. 2, pg. 17916. Surah al-Isra 17:78

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17. Surah al-Rum 30:17

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964 an Insight Into Moon Sighting