Issue of Moon Sighting

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    Out of all the symbols that Muslims could have chosen to symbolize the unity of Islam, it is indeed ironic

    that they chose the crescent, which for many signifies the greatest manifestation of division amongst

    Muslims, at least in Western lands!

    Yes, its that time of the year again when brothers and sisters frantically begin calling family and friends,

    asking, What did Shaykh so-and-so say? andDid they see the moon yet? and, the single most

    effective question that seals the fate of ones own fast, What areYOUgoing to do? In this post, I dont

    want to go into a detailed tangent regarding which opinion is correct or not, but rather lay out some of

    the issues surrounding the controversy, and offer some practical advice.

    The precise conditions required to sight a credible hilaalis just one of the many hundreds and thousands

    of issues offiqh that our scholars have differed over, since the time of the Companions. And, in the

    multi-madhab milieu ofNorth America, we are exposed to many suchfiqh differences on a regular basis,

    to the extent that most of us have come to live with and accept the rich diversity of opinion present in

    our traditional legal schools of thought. However, what makes the issue of the moon-sighting stand out

    from the usual run-of-the millfiqh issues is that it affects a joint and communal festival of the Ummah.

    Other issues, such as whether zakat should be given on jewelry, or whether the qunutbe prayed

    in witror Fajr, or the finer details of how one prays, do not affect the Ummah as a whole. Typically,

    these other differences can be left to ones individual preference with little or no detrimental effect on

    fellow Muslims. The same, unfortunately, cannot be said of the date of the two Eids and the beginning

    of the month of Ramadan, as this difference will affect entire communities, and form fault lines between

    two neighboring masjids, or even within the worshippers of the same masjid.

    But why is there such a controversy in the first place? Well, as is typical with such controversies, there

    are two primary reasons why such differences exist. Firstly, of the few hadeeths that we have regardingmoon-sighting, various scholars have understood them in different manners, leading to a difference of

    understanding that manifests itself in contradictory opinions. Secondly, issues arose in later generations

    that the earliest Muslims were not exposed to, hence no explicit, unequivocal ruling exists regarding

    them.

    The classical scholars of Islam were only concerned with a few issues, and their modern counterparts

    have added even more issues, apparently just to spice up the whole debate! To elaborate: classical

    jurists were primarily (but not exclusively) concerned with two issues. Firstly, what is the minimum

    requirement for the number of witnesses needed for verifying the beginning and end of Ramadhan?

    One for the beginning, and two for the end? Or vice versa? Or one for both? Or two for both? Or a large,unspecified quantity? Or, was it different for a clear day versus a cloudy one? Plenty of opinions within

    this issue, and even within one madhab it is common to find variant opinions. With regards to this issue,

    a number of authentic hadeeths appeared to give different rulings, hence scholars had to use their

    respective usoolin formulating answers to this question.

    The second issue that was of major concern to them was: should the Muslims of one province take into

    account sightings from a different province? Once again, a wide selection of opinions to choose from:

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    each province should follow its sighting only; or only the sightings of the provinces neighboring it; or the

    sightings of all provinces within one matla (i.e., on the same longitudinal plane); or the sightings of all

    provinces as long as the news arrived in time. However, unlike the first issue, there exists no clear,

    unequivocal hadeeth dealing with the subject (albeit some narrations from the Companions exist).

    Hence scholars had to use analogy (qiyas) and other general principles to formulate their respective

    opinions. And once again, we find that even within madhabs there is a significant difference of opinion

    in the finer details of this issue.

    These two issues are discussed in practically every book offiqh. Other issues were not as pressing to the

    people of those times as these two, hence references to them are typically only found in the larger and

    more cumbersome commentaries. Such issues include: must one see the crescent from ground level,

    or is it permissible to climb, say, a tall mountain to see the crescent? Or, what if an instrument, such a

    telescope (yes, later Muslims had telescopes), is used, does this count as an acceptable sighting? Or,

    what if it is a cloudy night, can one refer to astronomical calculations and, based solely on such

    calculations, declare the beginning and end of the month? And more issues besides these, some of

    which are more relevant to our times than others.

    In our times, even more issues have surfaced, the most important being: what if someone claims to see

    a crescent, yet astronomical data clearly tells us that the crescent was not born at that time, and hence

    could not have been seen? Should we give precedence to a visual sighting, or claim that such a person is

    mistaken? Another issue is the determination of the exact degree of the arc of elongation to claim that a

    new crescent has been born: 9 degrees, or 12, or more, or less?

    As can be seen, putting all of the various issues together and calculating out all the possible scenarios, it

    is easy to extrapolate these differences into hundreds of opinions. The point that I wish to stress here is

    that many Muslims simply do not realize the level of complexity surrounding issues of fiqh, including this

    one, and woefully bemoan, Why cant our scholars just unite on one opinion and save us from the

    hassle of disunity?! As can be seen, its not as simple as that, and indeed it is of the wisdom of Allah

    that such a rich diversity exists in fiqh.

    Thankfully, on a practical level, the issue of moon-sighting never reached a level of complication

    involving all of the above factors. Rather, a few years ago, the single major issue that split the

    community was that of local versus international sighting (or, to be more precise, local versus Saudi

    sighting). Of recent, however, another major opinion has been added to the stew: that of completely

    ignoring sightings in the first place, and basing the beginning and end of the month solelyon

    astronomical data.

    As far as I know, no reputable Sunni scholar in our classical (i.e., pre-modern) history has claimed that a

    community could completely ignore visual sighting, and rely unconditionally on astronomical data. The

    fiqh details have been hashed out in enough articles, and it is not my intent to repeat them here (for

    those who are interested, see some of these articles below in particular the article by Imam Hamza

    Yusuf, and the one by Shaykh Haytham al-Haddad).

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    In any case, the decision to follow calculations has been taken by a very large and reputable national

    body, and the decision to follow a national, visual sighting has been taken by other reputable

    institutions. Added to this, there are still communities who wish to follow an international (i.e,. Saudi)

    sighting, and there are even those who will only follow a sighting that occurs within their own city.

    Facing a myriad of options, it is the average Muslim who is left with the confusion of having to make up

    his or her mind and figure out what exactly to do.

    Some words of advice:

    Firstly, just for the record, in my humble opinion the strongest fiqh position, independent of other

    factors (see below), seems to be that we should follow a visual sighting within North America. If one

    trustworthy Muslim physically sees the moon, and it was seen at a time when we know from

    astronomical data that it was born and possible to see, then such a sighting should be accepted for all

    Muslims of this continent.

    Secondly, this opinion is just at a theoretical level. At a practical level, it is essential that one looks at the

    situation of the community, and keep the best interests of the community in mind. So, if one is in a

    position of authority and respect, and his decision will have an impact on the community, then and only

    then should he research the various opinions and come to a conclusion that he will feel comfortable

    with asking others to follow, whatever that position may be. However, if one is not in a position of

    authority, and is just a regular Muslim following others, then in this case it is not the role of the average

    Muslim to perform ijtihad on such fine matters. Rather, one should follow the local masjid that he or

    she typically refers to for other issues, and that one feels a sense of affiliation with. A Muslim must

    realize that this issue, along with all other fiqh differences of opinion, are issues that should not cause

    disunity and hatred amongst the Muslims. Trusting an authority and following one opinion over

    another is a matter completely permissible, or even obligatory, in the Sharee`ah, but fighting and

    bickering and disputing with other Muslims is completely prohibited by the unanimous consensus of

    all scholars of Islam. In other words, even if two masjids are celebrating Eid on two different days, this

    should not lead to one masjid looking down at another, or feeling superior to them, or arguing with

    them.

    Thirdly, if someone feels that he or she would prefer to follow an opinion that their local masjid

    is notfollowing, based upon theirfiqh preference, then even though this would not be sinful in and of

    itself (as there is no consensus in N. America regarding this issue, unlike in most Muslim countries),

    there is no reason to announce such a decision publically, or debate or convince others of the merits of

    ones own opinion. Rather, let the people do what they are doing, and this particular brother or sister

    may follow another opinion in private. This would be better to preserve the unity of the Muslims.

    Additionally, regardless of the actual day that one celebrates Eid, it is completely permissible, rather I

    would say encouraged, that one attends the Eid celebrations of the community on other days as well.

    Even if this means that one is fasting that Eid day, there is no problem in attending the prayer, but of

    course the one who is fasting will intend it to be a voluntary (nafl) prayer, and not his own Eid. This

    would give the impression of Muslim unity, and increase the number of Muslims at all Eid festivals. (And

    hey, you get to enjoy the benefits of Eid twice!!)

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    Lastly, out of all of the hadeeths that should be emphasized regarding the issue of moon-sighting, I

    believe the following one is the most important, yet oft neglected as well.

    Abu Hurayrah narrated, as reported in theJamiof al-Tirmidhi (2/37), that the beloved Prophet (salla

    Allah alayhi wa sallam) said, The fast *starts] on the day that you all are fasting, and the [Eid] al-Fitr is

    the day that you all break the fast (i.e., stop fasting).

    Imam al-Tirmidhi commented on this hadeeth and said, This has been interpreted to mean that one

    fasts and celebrates the Eid with the group of Muslims and their majority. The famous Yemeni scholar

    al-San`ani wrote in his Subul al-Salaam, This hadeeth proves that what counts for claiming that it is Eid

    is that the people agree to the fact that it is Eid. And so, if a single person sees the crescent (but is not

    followed for some reason), he still must still follow the community (and not his sighting). And the great

    student of Ibn Taymiyyah, one of the finest ulamaathat our history has seen, Ibn Qayyim al-Jawziyyah,

    wrote regarding this hadeeth, This is a refutation of those who claim that someone who knows when

    the moon is born by astronomical calculations should follow it in starting and finishing the fast, ignoring

    the rest of the people. Another interpretation of this tradition is that one who witnesses the crescent

    and whose sighting is subsequently rejected by the judge should not fast, just like the people are not

    fasting (Tahdheeb al-Sunan 3/214).

    In other words, what this hadeeth tells us is that whats important regarding the beginning and end of

    Ramadhan is not when the moon is sighted or not, but rather following the community of Muslims and

    keeping the local Ummah unified.Therefore, even if the crescent was born and could have been

    sighted, if the community does not fast on a particular day, for whatever reason, then it is not

    permissible for an individual to break away from the community and fast or break his fast separate from

    them.

    Of course, in our times, even Muslims of one city are typically following different opinions, but if there isa clear and apparent majority, then this hadeeth should be followed and the individual should stick with

    that majority, regardless of the fiqh opinion that they are following.

    Brothers and sisters, the beginning of Ramadhan is upon us, either tonight or tomorrow night. Surely

    this is notthe time to bicker amongst ourselves, fighting over an issue offiqh that will not be resolved

    for decades to come. Whatever opinion you follow, alhamdulillahgood for you, just dont make an issue

    of it in the community.

    This Ramadhan, lets permanently bid farewell to moon-fighting, and concentrate on having our sins

    forgiven and our fasts accepted.

    May Allah bless us all in this Ramadhan, whenever it starts and finishes!!!