Moon sighting for Ramadan or Eid

http://islamqa.org/hanafi/daruliftaa-birmingham/19976

Moon sighting

The moon is the natural satellite orbiting the Earth. It revolves around the planet from west to east at a distance of 239,900 miles per hour. The moon is less than one-third the size of the earth. The moon rotates on its own axis and takes around 29 days 12 hours 44 minutes to orbit the earth. (Encyclopaedia Britannica p.299 v.8)

The moon has 8 phases. It begins with the new moon and progresses through to the crescent.

The Islamic calendar is based on lunar months, which begin when the thin crescent moon is actually sighted after sunset within a day or so after the New Moon.

The visibility of the lunar crescent is a great importance to Muslims as from this the Islamic calendar is based. The sighting of the moon depends on many factors. In the first two days after the new moon it appears very low in the sky, which makes it difficult to see it. Sometimes, due to the condition i.e. if it is not cloudy it becomes visible.

Normally it takes between 18-22 hours to see the moon with the naked eye. (Source Internet)

As I mentioned above, in Islam to sight the moon with the naked eye is important as this determines the Islamic months. This is even more important during the month of Ramadhan and Shawwal as this will determine when we start fasting and celebrate Eid respectively.

Therefore, I have written the procedure of sighting the moon for Ramadhan and Eid, according to the Hanafi school of thought.

Sighting the moon for Ramadhan

1. If the sky is not clear, then the testimony of a righteous Muslim (Aadil) whether it is a man or a woman, free or a slave, will be sufficient to start the month of Ramadhan. (Hidayah P.215 v.1)

The reason why one testimony will be sufficient is that the testimony is not like any other Shariah rulings (known as shahadah), but it is a Khabar (an information). Therefore, to give Khaber of something does not require a fixed number of witnesses. (Badaai-Sanaai p.576 v.2)                                                                                                                                                           Also, it is stated in a hadith “Verily a man came to Rasullullah (saw) and said, I have seen the Hillal (new crescent moon). Rasullullah (saw) said, do you bear testimony that there is no God but Allah, and that Muhammed (saw) is the messenger of Allah? He replied yes. Rasullullah (saw) said, O Billal give the news amongst the people so that they fast tomorrow.”

(Abu Dawud Shareef p.320 v.1)

2. If the sky is clear and he alone sees the moon of Ramadhan, than he will begin the fast, even if the imam does not accept his testimony. (Hidayah p.256 v.1)

This ruling can be derived from the following hadith; “fast when you see the moon and do iftaar when you see the moon.” (Bukhari p.256 v.1)

3.If there is no such obstruction in seeing the moon, then a group (three or more) will have to witness it to establish the beginning of Ramadhan. (Hidayah p.215 v.1)

4. The people should look for the moon on the 29th of shabaan. If they see it then they should fast the following day. However, if they cannot see it then they should complete the thirty days of shabaan and fast the day after. (Hindayah p.216 v.1)

Sighting the moon for Eid

1.      If a person has seen the moon for Eid-Ul-Fitr i.e. Shawwal, then the person will not celebrate Eid by himself.

2. If the sky is clear i.e. there is no such obstruction then the testimony of a group is necessary to celebrate the Eid the following day.
3. If there is an ob struction in the sky, which limits the viewing of the moon, then only the testimony of two men or one man and to women will be accepted. (Hindayah p.216 v.1) (Bukhari p.256 v.1)

In the UK where the moon is difficult to see we therefore, take the news of sighting of the moon from another country, which is closest to us. This known as “Ikhtilaafi-Mataali”

Apart from Imam Shafee (ra) other schools of thought agree that if the moon cannot be sighted in one country due to some valid reasons, then it is permissible to follow information gained from another country. (Raddul-muhtar p.363 v.3)

Therefore when  “Ikhtilaafi-Mataali” is permissible, we have to follow the closest Islamic country to the UK.

Mohammed Tosir Miah

Darul Ifta Birmingham

There are several moonsighting committees here in .  Some have restricted their horizon (matla) only North America including Chicago hilal committee. Some have extended their horizon to South America including Hilal Committee of Toronto and vicinity.

Because of this different horizon principle, sometimes even the hilal committee’s decision differ from each other for the start of Islamic months, including start of Ramadan and 2 eids.

These moonsighting committees announce their decision on internet on their website.

In light of fatwa # 16178 under the title (Ruling for the people of other Communities or Countries),

·         Can the trustees of a masjid make a decision on the announcement of these hilal committees via the internet as it is very difficult to contact these committees on phone or any other source.

In light of fatwa #16976

·         Can the trustees of a masjid follow the decision of any moonsighting committee if there is difference in their decision as all are reliable and all are trying to follow the sunnah way of moonsighting.

http://islamqa.org/hanafi/askimam/4263

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh 

1. As mentioned in the fatwās referred to in your query, ru’yat al-hilāl (moon-sighting) in one country is acceptable in another country if the sighting is relayed in one of the following four ways:

1. Testimony of sighting
1. If the sky is cloudy and/or not clear, then

                                                              i.      For Ramadān

1.      One righteous Muslim male or female testifies that he/she has sighted the moon

                                                            ii.      For ‘Īd

1.      Two male or one male and two female righteous Muslims testify that they have sighted the moon

2. If the sky is clear, then a large group of people testify that they have all sighted the moon
1. Testimony on [someone else’s] testimony
1. For Ramadān

                                                              i.      One righteous person testifies that one righteous person testified to him that he/she has sighted the moon

2. For ‘Īd

                                                              i.      Two male or one male and two female righteous persons testify that two male or one male and two female righteous Muslims have testified sighting the moon

3. Testimony on the authority’s decision
1. Two righteous persons testify that the Muslim authority in charge of moon-sighting has declared the start of the new month
4. Widespread news
1. Large groups of people coming from the country where the moon has been sighted inform that the people of that country have started the new month

The above four ways are the methods of actually declaring a moon-sighting.  A moon-sighting cannot be declared by just reading it on a website.  However, when the country’s hilāl committee declares a sighting based on the above four methods, then it is permissible to announce that decision through the use of the internet and other resources.  

It is not valid for a Masjid to visit the site of a hilāl committee of another country and announce the decision.  Instead, it should refer to the website of the local/national hilāl committee and announce its decision.

2. The trustees of the Masjid should follow only one moon-sighting committee in all of their decisions.  It is not correct to pick and choose decisions of different committees, in cases of disagreements between the committees, as this will lack consistency and could lead to problems, such as some months being shorter than twenty-nine (29) days or longer than thirty (30).  

Regardless of which moon-sighting committee or ruling (in terms of matla’) the Masjid follows, it should maintain consistency and follow that committee for the starting and ending of each month.  

(رد المحتار، كتاب الصوم: 2/385-391؛ سعيد)

(فتاوى رحيمية، كتاب الصوم: 7/215-218؛ الإشاعت)

(البحر الرائق، كتاب الصوم: 2/287؛ المعرفة)

And Allah knows best

Wassalamu Alaikum

Ml. Abrar Mirza,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah


http://seekershub.org/blog/2016/06/moon-sighting-wars/

“Local!” “Global!” “Sighting!” “Calculations” “Saudi!” “Pakistan!” Shaykh Sohail Hanif makes sense of the annual moon-sighting debates.

The blessed month of Ramadan is almost upon us. It is a month of contemplation, fasting, prayer and tranquility. But just as the tranquility of Paradise is “surrounded by disliked matters,”[1] Ramadan can only be arrived at after crossing the uncomfortable terrain of moonsighting debates. In this run up to the sacred month, otherwise ordinary words can acquire great rhetorical force: “Local!” “Global!” “Sighting!” “Calculations” “Saudi!” “Pakistan!” Each word is backed up by arguments, documents and video clips. But must these exchanges be inevitable, and is there a way out of this impasse? I believe there is if we read our classical heritage with some care.

It’s All Backed By Classical Scholarship

It is true that since the earliest times, scholars of Islamic law have disagreed over the correct method of declaring the beginning of the blessed month. There is a classical precedent for local sighting, global sighting, and even astronomical calculations. Thus, the disagreements that beset us at the beginning of the blessed month do have a basis in classical scholarship. However, there is something that we are missing as we churn out these classical positions: the missing point is process.

Process, Process, Process

Classical works of Islamic law provide details on how the new moon is to be established.

• We are told by some classical jurists that if the sky is clear, a large number of people are required to have seen the moon. This is because the sighting of only a few people on a clear night is inherently suspicious since most onlookers did not see it.[2]
• If the sky is overcast, then some jurists stipulated two witnesses for a valid sighting,[3] treating it as akin to establishing a fact in court, whilst others accepted a single witness,[4] treating it as a religious report.

In either case, they required that the individuals be morally upright. The question here is, who is it that will determine whether a group sighting is large enough on a clear night? Who is it that will decide whether a witness is upright or not? Who will determine the number of witnesses required on an overcast night? Each of these points has its own conditions that need to be verified by one who is both suitably trained and is vested with the authority to do so. This is the Muslim judge who has been placed in a position to declare the beginning of the month. Thus, the entry of Ramadan is established through a judicial process.

Waiting For Official Judgement

The commencement of Ramadan is not a private matter for individuals to declare. Individuals are only to raise their possible sightings to the appropriate authority who will then consider whether to accept or reject the sighting, and will consider which conditions to consider to declare the beginning of the month. This is why books of Islamic law discuss the case where an individual is sure that he/she saw the new moon, but was unable to convince the judge of this; should such a person fast? The commonly stated answer is that such a person does fast. However, this only applies to the person in question; everyone else is to await the official judgement on the matter.[5]

This is why, in Muslim countries, one rarely finds households divided over when they start fasting or celebrate Eid. In these countries, there is typically a governmentally appointed council that is vested with the authority to declare the beginning of the month. The man on the street need only turn on the radio or the television to know if the appointed council has declared the beginning of Ramadan. This is the process that works of sacred law attest to. The reason for this is clear. The communal purpose of Ramadan and Eid cannot be realised if a society is divided over when it starts and finishes the month. This process prevents that from happening.

What About Muslims Living As Minorities?

So what should people do in a minority context such as Britain? The answer is clear; the community must strive to appoint a representative council to declare the entry of the blessed month, which the community must then follow. This is not a new idea; there are many chapters of the law that attest to this. The Friday prayer is one example. Classical works of law imply that towns should, ideally, have only one Friday prayer service, so that the entire town comes together for a single congregation every week. This led to the question of who was to appoint the one imam to deliver the sermon and lead the town in prayer. If left to the people, each group and sect would vie endlessly to have its own group represented.

The answer, at least according to scholars of the Hanafi legal school, was that only the ruler, or the one appointed by the ruler, could choose the imam of this congregation.[6] The public had no authority to start their own Friday prayer. They could only choose to pray behind the appointed imam, or stay at home. In the minority context, scholars of the Hanafi school stated that where there is no Muslim ruler to make such a decision, the community itself must come together and appoint the imam.[7] In this case, no one individual can choose to lead the Friday prayer, only the one appointed by the community. This is effectively what happens in Mosques all over Britain. Mosques represent communities; members from the community run these mosques as representatives of the community, and they determine who leads the Friday prayer.

Shariah courts in Britain attempt to apply the same logic. Where there is no Muslim ruler to appoint judges to annul marriages in which women are abused, the Muslim community can come together to appoint a body to represent them in performing such a function. There is precedent to all of this in the works of Islamic law. The matter of Ramadan must be treated likewise.

Avoiding Sectarianism

Now, one might hear a voice stubbornly declare, “Okay, I’ll follow this appointed body as long as they follow local sightings!” Unfortunately, this is not how the process works. If the authority is vested in a judge, or a body acting as the judge, the prerogative is theirs to decide which method to use. The insistence of only observing the “correct” Ramadan is akin to insisting that only the “correct” Muslim enters one’s mosque; it is a thought process that is sectarian in nature and destructive in consequence. Unless the appointed judicial body totally violates and steps outside of what is considered acceptable opinion, it has to be followed. So where do we find this pool of acceptable opinion?

The world of Sunni Islam, the Muslim majority, ultimately settled on limiting the pool of acceptable opinion to the four established schools of law: the Hanafi, Shafi‘i, Maliki and Hanbali. This is not to say that great scholarship cannot exist outside of these schools. However, when it came to process, it was impossible to run a society with its need for clearly identifiable rules and procedures, if there was no clear way to limit and define acceptable legal opinion.[8] And as these four schools had matured to such a degree that it became increasingly hard to be recognised as one trained in law outside of the domain of these four schools, with their clearly defined hierarchy of rules, and great tradition of legal literature to draw upon, it made sense to only accept them as representing the law of God in the society of man. This Sunni paradigm ran Muslim societies for centuries, and it is of great use to us. It relieves us of having to force our own correct answer onto others. It is enough for an answer to be acceptable, after which we must strive for the right process in order to establish the will of God on earth.

Every Method Has A Basis In Sacred Law

If we look at the large corpus of legal works authored under the aegis of these four schools of law, we will find that every method currently followed, in Britain or elsewhere, has a basis in sacred law.

• Relying on astronomical calculations, for example, is an opinion that a number of reputable scholars across legal schools have championed, with the strongest voices belonging to the Shafi‘i school.[9]
• Global sighting, meaning following a sighting from a faraway land, has been upheld as the strongest opinion of the Hanafi and Hanbali schools, and, according to some, the Maliki school.[10]
• Local sighting, meaning each locality following its own sightings, has been seen as the strongest opinion of the Shafi‘i school, and, according to some, the Maliki school.[11]

In truth, if a person looks through the corpus of legal works, he/she will see that the methods that were deemed acceptable were vast. As long as the judicial council vested with the authority to declare Ramadan follows any of these, then it must be followed. It is that simple.

So what to make of the long articles defending local sighting as the correct way to declare Ramadan, or global sighting, or other methods? These should all be seen as academic papers. These would be presented to such a judicial body to advise of the best method to follow. Otherwise, they are of little practical consequence because an individual cannot declare their own month.

The issue of moonsighting illustrates the wider purpose of the central devotional acts of Islam that make up its five pillars. Each of these upholds not only the faith of individuals, but the very community of faith to which these individuals belong. The detailed rules of the ritual prayer, fasting and zakat provide much guidance and clarity onhow a community of faith is to be formed, strengthened and spiritually nourished. If the community finds itself in discord and disarray, its members can only blame themselves for not having established these pillars as they were instructed.